What took so long? D.C. attorney general sues over National Guard deployment

By Sarah Roderick-Fitch
The Center Square

Nearly a month after President Donald Trump declared a crime emergency in Washington, D.C., deploying the National Guard to patrol, the district’s attorney general is suing the federal government, claiming the deployment is “illegal.”

Washington, D.C. Attorney General Brian Schwalb filed a lawsuit Thursday in an attempt to stop the deployment of National Guard troops in the district.

A release from the attorney general’s office describes the deployment as “an involuntary military occupation that far exceeds the President’s authority.” It further claims that “most or all of the troops” have been deputized by the U.S. Marshals Service to carry out law enforcement duties.

Despite polls showing support for the president’s crackdown and praise from Democratic Washington, D.C. Mayor Muriel Bowser for the decline in crime, Schwalb says the deployment is “unwanted.”

“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,” said Schwalb. “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 attorney general indicated that nearly 2,300 National Guard members, including guardsmen from seven Republican-led states, have been deployed to the district.

In his argument, Schwalb underscores that the deployment undermines district residents and deprives them of autonomy under the Home Rule Act. He also argues that the deployment is hurting tourism.

The lawsuit alleges the federal government is violating the law by “illegally using the military for law enforcement purposes,” “authorizing the National Guard to police the District without the District’s consent,” and “illegally asserting federal command and control over National Guard troops that are in state militia status.”

The lawsuit comes on the same day multiple reports claim at least some of the National Guard troops’ deployments have been extended until December, despite Congress having yet to extend the emergency beyond 30 days.

The D.C. National Guard differs from the National Guard units of other states and territories in that it reports only to the president.

“The Commanding General of the D.C. National Guard is subordinate solely to the President of the United States. This authority to activate the D.C. National Guard has been delegated, by the President, to the Secretary of Defense and further delegated to the Secretary of the Army,” according to the District of Columbia National Guard. “The D.C. National Guard provides mission-ready personnel and units for active duty in the armed services in the time of war or national emergency. The D.C. National Guard also retains the mission as protector of the District of Columbia.”

Thursday’s lawsuit is the second to be filed against the Trump administration since the president’s Aug. 11 declaration. On Aug. 15, Schwalb sued over the president’s federal takeover of the Metropolitan Police Department, describing the federal takeover of MPD as “brazenly unlawful” and a “hostile takeover,” adding that Trump has “limited authority” in invoking Section 740 of the Home Rule Act.

As previously reported by The Center Square, the district’s Home Rule Act hangs in the balance, as legislation was introduced earlier in the year to revoke the act. There are currently a number of pieces of legislation introduced by Republicans to reel in the district’s autonomous power, which was granted by Congress in 1973.

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