Calling the deployment of thousands of National Guard members on Washington streets both “illegal” and “an involuntary military occupation,” D.C. Attorney General Brian Schwalb announced Thursday morning he is suing the federal government to end their deployment immediately.
The D.C. National Guard has been deployed in the District since shortly after President Donald Trump declared an emergency on Aug. 11. Those troops have since been joined by National Guard members from seven other states. Many are now armed on the streets of D.C.
The 30-day crime emergency declared by the White House last month is set to expire next week, but that may not mean the end of the guard on D.C.’s streets.
Schwalb’s suit, filed in D.C.’s federal district court, claims the guard deployment is hurting D.C. by driving away business and inflaming tensions over public safety.
“Deploying the National Guard to engage in law enforcement is not only unnecessary and unwanted, but it is also dangerous and harmful to the District and its residents. No American city should have the US military – particularly out-of-state military who are not accountable to the residents and untrained in local law enforcement – policing its streets,” Schwalb said in a press release sent by his office. “It’s DC today but could be any other city tomorrow. We’ve filed this action to put an end to this illegal federal overreach.”
The suit claims the deployment is illegal under D.C.’s Home Rule Act and other laws because other states’ guard troops are patrolling D.C. streets without Mayor Muriel Bowser’s consent.
While the Home Rule Act does give the president the authority to request the services of D.C.’s police department for a limited time, the Attorney General’s office says, “Congress did not give the President authority to participate in local DC law enforcement as he sees fit.”
Bowser is not a party to the attorney general’s suit. Multiple government sources tell News4 Schwalb informed Bowser of the lawsuit Thursday morning.
In remarks later Thursday, Bowser referred questions about Schwalb’s lawsuit to his office.
“My focus and the focus of our emergency operations center is on planning for the exit out of the emergency next week, and post-emergency operations in the District,” she said.
A D.C. executive order Bowser issued this week extends an offer of cooperation with federal law enforcement (not including U.S. Immigration and Customs Enforcement) but did not mention the National Guard.
White House spokesperson Abigail Jackson said Trump is acting within his authority as president.
“President Trump is well within his lawful authority to deploy the National Guard in Washington D.C. to protect federal assets and assist law enforcement with specific tasks. This lawsuit is nothing more than another attempt — at the detriment of DC residents and visitors — to undermine the President’s highly successful operations to stop violent crime in DC,” Jackson said.
The suit also relies on a federal court decision in California on Tuesday that declared the guard’s deployment there illegal. In that ruling, a federal judge decided the Trump administration violated a 19th-century law barring the use of soldiers for civilian law enforcement activities when it mobilized 4,000 National Guard troops and 700 Marines to Los Angeles in June.
“The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles,” U.S. District Judge Charles Breyer in San Francisco said in a 52-page filing.
“In short, Defendants violated the Posse Comitatus Act,” he said. The Posse Comitatus Act bars the United States military from engaging in domestic law enforcement.
Schwalb’s suit claims guard members in D.C. report through the military chain of command, and therefore, their deployment violates the law as well.
A White House spokesperson disagreed with that ruling, telling NBC News earlier this week, “Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction. President Trump saved Los Angeles, which was overrun by deranged leftist lunatics sowing mass chaos until he stepped in. While far-left courts try to stop President Trump from carrying out his mandate to Make America Safe Again, the President is committed to protecting law-abiding citizens, and this will not be the final say on the issue.”
The White House is appealing the California decision.
The suit comes a day after the Associated Press and other media reported the White House plans to extend the guard deployment until the end of 2025. It’s not immediately clear if that means all 2,000-plus troops would stay that long or if it is a move to ensure those deployed get their full military benefits.
News4’s Mark Segraves contributed reporting.
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