Attorney General Brian L. Schwalb today filed a lawsuit to stop the federal government’s illegal deployment of National Guard troops in the District of Columbia. Since the President’s August 11 announcement, nearly 2,300 National Guard troops, including units from seven states, have been deployed to the District and placed under the command of the Department of Defense. These deployments amount to an involuntary military occupation that far exceeds the President’s authority over the National Guard. In addition, most or all of the troops have been deputized by the US Marshals Service to conduct law enforcement activities in the District, in violation of the foundational prohibition on military involvement in local law enforcement.
“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. 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,” said Attorney General Schwalb. “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.”