A US federal judge ruled on Thursday that President Trump’s deployment of the National Guard in Washington, DC, is unlawful, in District of Columbia v. Trump.
District Judge Jia M. Cobb of the US District Court for the District of Columbia stated in a memorandum opinion that the defendants “exceeded the bounds of their authority under Title 49 of the D.C. Code” by using the DC National Guard (DCNG) for “non-military, crime-deterrence” reasons, through mechanisms like patrols in public spaces. Although Title 49 designates the president as commander in chief of the DCNG, the president is nonetheless limited to “instances in which the relevant civil authorities request” their aid. She further stated that the Department of Defense “lack[s] statutory authority under 32 U.S.C. § 502” to bring in National Guard members from outside the state. According to the court, the code only permits this where the “operations or missions … are authorized under state law.” While granting preliminary relief, the court issued an administrative stay for 21 days to allow time for an appeal.
White House spokesperson Abigail Jackson said in a statement that “President Trump is well within his lawful authority to deploy the National Guard” and described the lawsuit as an attempt to “undermine the President’s highly successful operations to stop violent crime in DC.” District of Columbia Attorney General Brian Schwalb called the decision a “victory for DC, Home Rule, and American democracy.”
The suit was brought by the District of Columbia against the Trump administration on September 4. The complaint alleged that the use of the National Guard affects the District’s “sovereignty and right to self-governance … inflaming tensions.” An executive order declaring a “crime emergency” in DC was issued on August 11, and a second order deploying the National Guard was issued on August 25. Roughly 2,200 members of the National Guard are currently in DC.
National Guard deployments have taken place throughout the country. They have been blocked in multiple states, including Tennessee, Oregon, and Illinois.