September 6, 2025
Washington, DC, has initiated a legal battle against the Trump administration, contesting the deployment of the National Guard within its jurisdiction without local consent. The lawsuit, spearheaded by DC Attorney General Brian Schwalb and filed in federal district court, alleges constitutional and federal law violations, particularly concerning the Home Rule Act which grants the district autonomy over local governance.
The complaint argues that the unilateral deployment of National Guard troops, conducted without the approval of the Mayor, encroaches on DC's self-governance rights. The legal action seeks to halt the militarization and control of the National Guard in the city.
Attorney General Schwalb expressed his concerns, stating, "Deploying the National Guard to engage in law enforcement is not only unnecessary and unwanted, but also dangerous and harmful to the District and its residents... It’s DC today but could be any other city tomorrow. We’ve filed this action to put an end to this illegal federal overreach."
The contention arose after President Trump, citing a crime emergency, issued executive orders on August 11 and August 25. These orders not only called for federal control over DC's police force to tackle crime and homelessness but also established a specialized National Guard unit to operate in DC and potentially other US cities under certain circumstances. Currently, over 2,200 National Guard troops are active in DC, performing law enforcement duties alongside federal immigration agents.
White House spokeswoman Abigail Jackson defended the President's actions, asserting that the lawsuit undermines successful efforts to curb violent crime in DC. She highlighted the deployment as a necessary measure for public safety. However, recent statistics from DC’s Metropolitan Police show a significant decline in violent crime rates, reaching a 30-year low in 2024, contradicting the administration's justification for the deployment.
This legal challenge gains further significance following a recent federal court decision where a judge ruled that similar military deployments in Los Angeles violated the Posse Comitatus Act of 1878. This act limits military involvement in domestic law enforcement, a precedent that could potentially influence the outcome of DC's lawsuit.
The ongoing legal proceedings not only question the federal overreach into local jurisdictions but also set a critical examination of the balance between national security measures and constitutional safeguards.