A federal judge on Thursday ordered the Trump administration to end its monthslong deployment of National Guard troops to help police the U.S. capital.
U.S. District Judge Jia Cobb concluded that President Donald Trump’s military takeover in Washington, D.C., illegally intrudes on local officials’ authority to direct law enforcement in the district. She put her order on hold for 21 days to allow for an appeal, however.
District of Columbia Attorney General Brian Schwalb sued to challenge the Guard deployments. He asked the judge to bar the White House from deploying Guard troops without the mayor’s consent while the lawsuit plays out.
Dozens of states took sides in Schwalb’s lawsuit, with their support falling along party lines.
Cobb found that while the president does have authority to protect federal functioning and property, he can’t unilaterally deploy the D.C. National Guard to help with crime control as he sees fit or call in troops from other states.
After her ruling, Schwalb called for troops to be sent home.
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“Normalizing the use of military troops for domestic law enforcement sets a dangerous precedent, where the President can disregard states’ independence and deploy troops wherever and whenever he wants — with no check on his military power,” Schwalb said.
The White House, though, stood by the deployment.
“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,” said spokeswoman Abigail Jackson. “This lawsuit is nothing more than another attempt — at the detriment of DC residents — to undermine the President’s highly successful operations to stop violent crime in DC.”
In August, President Donald Trump issued an executive order declaring a crime emergency in Washington. Within a month, more than 2,300 National Guard troops from eight states and the district were patrolling the city under the command of the Secretary of the Army. Trump also deployed hundreds of federal agents to assist in patrols.
The administration has also deployed Guard troops to Los Angeles and tried to send troops into Chicago and Portland, Oregon, prompting other court challenges. A federal appeals court allowed the Los Angeles deployment, and the administration is appealing a judge’s decision in Portland that found the president did not have the authority to call up or deploy National Guard troops there.
The Supreme Court is weighing the administration’s emergency appeal to be allowed to deploy National Guard troops in the Chicago area in support of an immigration crackdown. A lower court has indefinitely prevented the deployment.
In Washington, it’s unclear how long the deployments will last, but attorneys from Schwalb’s office said Guard troops are likely to remain in the city through at least next summer.
“Our constitutional democracy will never be the same if these occupations are permitted to stand,” they wrote.
Government lawyers have said Congress empowered the president to control the D.C. National Guard’s operation. “There is no sensible reason for an injunction unwinding this arrangement now, particularly since the District’s claims have no merit,” Justice Department attorneys wrote.
The Trump administration has deputized the Guard troops in Washington to serve as special U.S. Marshal Service deputies. Schwalb’s office said out-of-state troops are impermissibly operating as a federal military police force in D.C., inflaming tensions with residents and diverting local police resources.
“Every day that this lawless incursion continues, the District suffers harm to its sovereign authority to conduct local law enforcement as it chooses,” his office’s attorneys wrote.
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