Judge Rules Pentagon’s National Guard Deployment to Washington, D.C. Unlawful — Order Stayed Pending Appeal

U.S. District Judge Jia Cobb on Thursday ruled that the Pentagon’s deployment of National Guard troops to Washington, D.C. for crime‑deterrence operations was unlawful. Her decision found that federal officials exceeded statutory authority in deploying both D.C. Guard members and calling up out‑of‑state National Guard forces without a request from the city's civil authorities.

The court stayed the practical effect of the order until December 11 while the government pursues an appeal, allowing current deployments to remain in place temporarily. More than 2,000 National Guard members have been stationed in the District since August to assist local law enforcement.

"First, the DOD Defendants have exceeded the bounds of their authority under Title 49 of the D.C. Code, and thus acted contrary to law, in deploying the DCNG for non-military, crime-deterrence missions in the absence of a request from the city's civil authorities. Second, these Defendants lack statutory authority under 32 U.S.C. § 502 to support their request for assistance from out-of-state National Guards and their actions in calling those Guards to the District. The Court finds that the District's exercise of sovereign powers within its jurisdiction is irreparably harmed by Defendants' actions in deploying the Guards, and that the balance of equities and public interest weigh in the District's favor."

District of Columbia Attorney General Brian Schwalb filed the lawsuit challenging the deployments, arguing that "armed soldiers should not be policing American citizens on American soil" and that the presence of federal troops infringes on the city's local autonomy and civil liberties. Similar legal challenges have been filed in other cities where federal or Guard elements have been mobilized, including Los Angeles and Chicago.

The ruling does not immediately end the deployments because of the stay; the dispute will move through the appeals process. The court's opinion centers on statutory limits in the D.C. Code and federal law (32 U.S.C. § 502), and on the District's sovereign authority to direct law enforcement within its borders.