The attorney general for the District of Columbia announced Thursday that the nation’s capital is suing the Trump administration over the deployment of National Guard troops within the city’s boundaries, alleging the violation amounts to an unconstitutional, “involuntary military occupation.”
The suit alleges that President Trump “has run roughshod over a fundamental tenet of American democracy — that the military should not be involved in domestic law enforcement.”
The lawsuit comes as President Trump has declared the use of national guard troops in DC a success, and voiced an interest in expanding his use of military assets to tackle crime in some of the nation’s largest cities, including Chicago, Baltimore and New Orleans.
And, it comes on the heels of a similar legal challenge in California meant to blunt that effort. There, a federal judge earlier this week objected to the president’s decision in June to deploy troops to Los Angeles, saying the move violated a law known as the Posse Comitatus Act, which sharply limits the use of the military for domestic purposes. The White House has appealed.
“Deploying the National Guard to engage in law enforcement is not only unnecessary and unwanted, but it is also dangerous and harmful to the District and its residents,” said D.C. Attorney General Brian L. Schwalb in a statement sent to CBS News.
“No American city should have the US military — particularly out-of-state military who are not accountable to the residents and untrained in local law enforcement — policing its streets,” Schwalb said. “It’s DC today but could be any other city tomorrow.”
Since mid-August, nearly 2,300 National Guard troops have joined the District’s police force and an array of federal agencies in stepping up visible patrols around the city. The action has coincided with a noticeable impact on crime numbers. An analysis by CBS News found that crime was down by almost half during the first 19 days of troop deployments in comparison to the same dates the previous year.
But the actions have come over vocal objections from District officials who said they are depriving them of local autonomy.
“More than 50 years ago, Congress granted the District the right to self-governance and control over local matters, including maintenance of public safety and order,” Schwalb said in a statement. “Congress did not give the President authority to participate in local D.C. law enforcement as he sees fit.”
The case, filed in federal court, echoes some aspects of the California legal challenge, arguing that law enforcement is not legally the domain of the military. It also argues that the D.C. National Guard troops deployed in the action fall under the command of city officials unless the president declares a genuine national emergency.
Schwalb was elected to the attorney general post by District residents in 2022 and Axios reported this week that he would seek reelection in 2026. The lawsuit comes as the Washington Post reported that House Republicans are contemplating legislation to remove him and replace him with a presidential appointee.
