District of Columbia v. Trump

D.C. AG sues to stop the illegal deployment of the National Guard, arguing they are engaged in law enforcement activity in clear violation of the Posse Comitatus acts and the constitution.

On September 4, 2025, D.C. Attorney General Brian Schwalb sued the Trump administration seeking to block the illegal deployment of thousands of National Guard troops to the nation’s capital. On August 11, 2025, President Donald Trump declared a “crime emergency” and announced he that in addition to taking over the Metropolitan Police Department, he would deploy National Guard troops in Washington.  Nearly 2,300 National Guard members, including units from seven other states, have been sent to the District under Department of Defense command. And since August 24, 2025, the troops , not meaningfully trained in local law enforcement requirements, have been authorized to carry weapons while patrolling the District.  

The lawsuit alleges that the Trump administration is violating the Constitution and federal law by sending thousands of National Guard troops into the District without consent from local leaders in what amounts to an involuntary “military occupation.” The lawsuit argues that troops have been deputized by the U.S. Marshals office and are patrolling neighborhoods, conducting searches, and making arrests, despite federal laws that generally bar the military from acting as local police. The lawsuit also argues that the deployment undermines the city’s autonomy, erodes trust between residents and law enforcement, and damages the local economy by discouraging tourism and hurting businesses.  

With this lawsuit, Attorney General Schwalb seeks to defend the District’s right to self-governance under the Home Rule Act, stop the unlawful National Guard deployments, and ensure that law enforcement in the District of Columbia is conducted only by those with the legal authority to do so. 

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. 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. Attorney General Brian Schwalb

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