The District of Columbia has initiated a lawsuit against the federal government concerning the deployment of National Guard troops in the streets of Washington, D.C., a decision ordered last month by President Donald Trump.
Since August 11, the National Guard, alongside troops from seven other states, has been patrolling the capital’s major monuments and subway systems, following President Trump’s assertion that a state of emergency was necessary to combat a pressing wave of crime.
However, official crime statistics indicate that the situation may not be as dire as suggested by the president.
Attorney General Brian Schwalb of the District of Columbia emphasized the dangers of military personnel policing local streets, especially when they lack accountability to local residents and appropriate training for law enforcement.
“No American city should have the U.S. military — particularly out-of-state military who are not accountable to the residents and untrained in local law enforcement — policing its streets,” Schwalb stated.
“This lawsuit aims to bring an end to what we consider illegal federal overreach.”
This legal action comes just two days following a federal ruling in San Francisco, where Judge Charles Breyer declared a similar deployment in Los Angeles as illegal.
In that case, the National Guard deployment was also defended on the basis of public safety, mirroring the justification used for the deployment in Washington, D.C.
President Trump’s strategies have sparked concerns as he has hinted at conducting similar troop deployments in other major cities, particularly those governed by Democratic mayors, including Chicago, Baltimore, and New Orleans.
In his defense of the deployment, President Trump has claimed significant improvements in safety and security in the cities where troops have been sent. On Thursday, he took to his platform, Truth Social, to announce that during the three-week operation in Washington, there had been 1,669 arrests and 709 criminals removed from the streets.
But poll results reveal a stark divide between the opinions of locals and the federal administration. According to recent data, nearly 80% of D.C. residents oppose the National Guard deployment, with 78% stating they feel less safe with soldiers on the streets.
Prominent figures in the hospitality sector, including acclaimed chef José Andrés, have publicly criticized the federal decision, citing a marked decline in restaurant and bar attendance since the operation commenced.
In response to the lawsuit, White House spokesperson Abigail Jackson dismissed it as “nothing more than another attempt — at the detriment of D.C. residents and visitors — to undermine the President’s highly successful operations to stop violent crime in DC.”
Examining the legal framework, the judge in the Los Angeles case ruled that the deployment was a violation of the Posse Comitatus Act, a law from 1878 that prohibits military involvement in domestic law enforcement.
Judge Breyer stated, “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. In short, defendants violated the Posse Comitatus Act.”
Additionally, the Insurrection Act of 1807 permits the president to deploy the National Guard to suppress rebellions in any U.S. state. However, this act specifies that such deployments must be requested by a state’s legislature or governor if the legislature cannot convene. While it provides the president with authority to use the National Guard in cases of insurrection, Washington’s context is unique since it is not a state but a district.
In the District of Columbia, the National Guard operates under the command of the president, unlike the state troops which are under the governor’s control.
The lawsuit argues that the deployment order, made without Mayor Muriel Bowser’s explicit consent, infringes upon the city’s autonomy as outlined by a law enacted in 1973.
Furthermore, the lawsuit echoes the sentiments expressed in Los Angeles, arguing that the military’s involvement in local streets undermines a crucial principle of American democracy — the separation of military and law enforcement duties.
This is the second lawsuit filed by D.C. against President Trump in relation to the deployment. In a prior case, the District sought to challenge the president’s attempt to assume control over local policing, a legal issue that eventually led to a narrower authorization for federal agents to assist local police forces.
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