Trump unlawfully deployed National Guard in D.C., judge rules
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National Guard troops have patrolled local streets. Photo: Al Drago/Bloomberg via Getty Images
A federal judge ruled Thursday that the White House unlawfully deployed the National Guard in D.C. to fight crime, but the order won't take effect immediately.
Why it matters: President Trump, who uniquely controls the D.C. National Guard, made the nation's capital his first stop in his crime crackdown back in August, a model he's attempted to replicate in other big cities.
Driving the news: U.S. District Court Judge Jia Cobb's decision is paused until Dec. 11 to allow for an appeal.
- Roughly 2,175 National Guard troops remain in the city, down from a peak of 2,500. Several hundred members came from Republican states, like West Virginia and Mississippi.
Catch up fast: D.C. Attorney General Brian Schwalb's office sued to end the deployment in early September, arguing its mission amounted to a "parallel police force" in the city.
- In a court hearing last month, the city's lawyers said the deployment caused harm to the District's economy, citing data like hotel bookings plummeting in August.
- Groups of National Guard troops spend their time patrolling the city, and some have helped out in beautification projects — or even tasks like helping residents carry groceries or pick up trash.
The other side: Asking to dismiss the case, the Trump administration had argued in court that the National Guard was not engaging in law enforcement.
- DOJ officials told Cobb last month the National Guard is not involved in making arrests and charging people, that they can make a "temporary detention" for "protective purposes — but they aren't doing it to enforce a law."
- The Posse Comitatus Act largely prohibits the military from performing law enforcement activities on American soil.
Yes, but: Cobb questioned why patrols and handcuffing a person would not count as policing.
- In her order released Thursday, Cobb wrote: "And there is also the risk that this incursion may become permanent, or at least enduring, given the creation of a [D.C. National Guard] unit specifically established to conduct law enforcement in the District."
What they're saying: "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," White House spokesperson Abigail Jackson told Axios in a statement. "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."
Editor's note: This story has been updated with comment from the White House.
