In a move escalating the ongoing dispute over federal authority in the nation’s capital, the District of Columbia has filed a lawsuit against the Trump administration regarding the deployment of National Guard troops.
D.C. Attorney General Brian Schwalb, in a federal lawsuit filed on Thursday, asserted that the presence of the armed troops constitutes an “involuntary military occupation” and is an illegal use of the military for domestic law enforcement.
This legal challenge is the latest development in a conflict that began when the administration declared a public safety emergency in the city and deployed thousands of federal law enforcement and National Guard personnel.
Lawsuit alleges military deployment violates centuries-old law
The lawsuit alleges that the deployment violates the Posse Comitatus Act of 1878, a federal law that generally prohibits the use of the military for civilian law enforcement.
Schwalb’s office contends that the National Guard units, many of them armed and from other states, have been deputized by the U.S. Marshals Service to perform policing duties such as patrols, searches, and arrests.
The suit argues that this action oversteps the president’s authority and infringes upon the city’s self-governance rights established by the Home Rule Act.
Trump administration defends deployment
The administration has defended the deployment, with a White House spokesperson stating that the president is acting within his “lawful authority” to protect federal assets and assist with law enforcement.
The administration has pointed to a reported reduction in crime, particularly in offenses like carjackings, since the deployment began in mid-August. However, critics, including some D.C. officials, argue that crime rates were already on the decline before the federal intervention.
The lawsuit comes just days after a federal judge in California ruled that a similar deployment of National Guard troops to Los Angeles was illegal. While that ruling does not directly apply to Washington, it may provide a legal precedent for the D.C. case.
Washington’s unique status as a federal district, where the president has more direct control over the National Guard than in states, adds a layer of complexity to the legal battle.
This is the second lawsuit filed by the D.C. attorney general against the Trump administration’s actions. The first challenged the federal takeover of the Metropolitan Police Department. The ongoing dispute highlights the deep tensions between the local D.C. government and the federal government, and it has reinvigorated long-standing calls for D.C. statehood.
As the city seeks to end what it calls a military occupation, the legal fight will likely have significant implications for the balance of power between local and federal authorities, and for the use of military forces in domestic policing.
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