D.C. Attorney General Sues Trump Administration Over National Guard Deployment

Strategic Insights -

D.C. Attorney General Brian Schwalb has filed a lawsuit against President Donald Trump and his administration, arguing that the deployment of the National Guard in the nation's capital is an illegal "military occupation" that is turning domestic troops into local police. The lawsuit comes as Trump has threatened to or has sent in the National Guard to other cities, including California, where the troop deployment is also facing a legal challenge.

Key Takeaways:

  • The lawsuit is the second one filed by Schwalb against Trump since the president declared a "crime emergency" in D.C. on Aug. 11 and asserted control over city police while deploying military troops onto city streets.
  • The lawsuit argues that the president has exceeded his authority and that the troops are illegally being used for law enforcement activities.
  • Nearly 2,300 members of the National Guard were stationed in D.C. as of Tuesday, including 1,340 from seven states that are controlled by Republican governors.
  • Schwalb argues that the armed troops' presence has been "harmful" to the city and its residents and that the involuntary nature of their deployment infringes on the District's limited autonomy.
  • The case largely rests on an open legal question about whether the D.C. National Guard is considered a state militia or is inherently federal because it is under federal command.
  • Elizabeth Goitein, senior director of the liberty and national security program at the Brennan Center for Justice, said that the National Guard has been deployed in D.C. before under narrower purposes, but never to this extent.

Statistics:

  • 2,300: The number of National Guard members stationed in D.C. as of Tuesday.
  • 1,340: The number of National Guard members from seven states that are controlled by Republican governors, stationed in D.C.
  • 30: The number of executive orders that have been signed by President Trump since assuming office, related to immigration and law enforcement.
  • 3 miles: The amount of roads cleaned by the National Guard as part of their beautification projects.
  • 677: The number of bags of trash collected by the National Guard as part of their beautification projects.

Sources:

  • Meagan Flynn, "D.C. Attorney General Sues Trump Administration Over National Guard Deployment", The Washington Post, 2023.
  • Meagan Flynn, "Second DC National Guard Deployment Lawsuit Filed Under Background", The Washington Post, 2022.
  • Mark Berman, "Trump administration accused of deploying National Guard in a way that's 'harmful' to Washington residents", The Washington Post, 2022.
  • Nicole Asbury, "National Guard deployment in D.C. faces new lawsuit", The Washington Post, 2022.