DC Sues Over Illegal Deployment of National Guard Troops

The Washington, DC Attorney General, Brian Schwalb, has filed a lawsuit challenging the deployment of over 2,300 National Guard personnel in the city, which he states was done without DC’s consent or request. The troops are currently equipped with weapons and operating in military gear, including armored vehicles, raising concerns about violations of local law and federal statutes.

Schwalb emphasizes that the National Guardsmen have been deputized by the US Marshals to carry out law enforcement functions, such as executing warrants, detaining individuals, and making arrests. Some Guardsmen are reportedly conducting armed patrols in residential neighborhoods, actions that blur the line between military and police powers.

The deployment violates the Posse Comitatus Act, which restricts active military involvement in civilian law enforcement. Instead, the administration has launched an ongoing, indefinite operation under military command, which Schwalb deems illegal and a threat to democracy and civil liberties.

Significantly, there is no scheduled end date for this deployment, with new troops arriving recently. An executive order from August 25 even established a dedicated DC National Guard unit tasked with enforcing federal laws, indicating a potential for future redeployments despite legal constraints.

Schwalb highlights the negative impacts of this action, including confusion and fear among residents, erosion of trust between police and communities, and damage to the city’s economy—particularly industries like tourism, hospitality, and restaurants. The deployment also encroaches on DC’s sovereignty and self-governance under the Home Rule Act.

The lawsuit aims to defend DC’s authority and prevent unlawful military involvement. Schwalb states that the country was founded on principles of freedom and self-governance, and no city should be subjected to involuntary military occupation.

This issue echoes previous legal challenges, such as California’s successful ruling that Trump’s tariffs were illegal, and the ongoing legal scrutiny of his troop deployments. These cases suggest a broader pushback against federal overreach, with the potential to reshape how law enforcement and military forces operate within U.S. cities.