WASHINGTON (AP) — A federal appeals court on Wednesday ruled that the National Guard deployment in the nation’s capital can continue for now, staying a lower-court ruling that had ordered an end to the troops’ presence.
The three-judge panel for U.S. Court of Appeals for the District of Columbia Circuit ruled that Donald Trump may prevail in his argument that the president “possesses a unique power” to mobilize the Guard in Washington, which is a federal district.
The ruling stops the implementation of U.S. District Court Judge Jia Cobb’s Nov. 20 opinion and order, and reaffirms that residents and visitors to Washington will routinely see Guard members well into 2026.
Cobb had ruled that the deployment illegally intrudes on local officials’ authority to direct law enforcement in the District of Columbia.
Wednesday’s unanimous 32-page ruling went on to say that other factors also favored the Republican administration, including the “disruption to the lives of thousands of service members,” as well as what it said was the president’s interest “in the protection of federal governmental functions and property within the Nation’s capital.”
The judges found that the district “has not identified any ongoing injury to its statutory interests.”
The ruling acknowledged that the administration has a strong case for its appeal.
The deployment began in August after Trump issued an executive order declaring a crime emergency in Washington. Within a month, more than 2,300 National Guard troops from eight states and the district were patrolling the city under the command of the Army secretary. Trump also deployed hundreds of federal agents to assist.
The city’s attorney general, Brian Schwalb, sued to challenge the Guard deployments. He asked that the White House be barred from deploying Guard troops without the mayor’s consent while the lawsuit played out. Dozens of states took sides in Schwalb’s lawsuit, with their support falling along party lines. Schwalb’s office was not immediately available for comment Wednesday.
Cobb had found that while the president did have authority to protect federal functions and property, he could not unilaterally deploy the D.C. National Guard to help with crime control as he saw fit or call in troops from other states. She called for the troops to be sent home after her ruling but put her order on hold for 21 days to allow the appeal by the administration.
The appeals court issued an administrative stay of Cobb’s ruling Dec. 4. Wednesday’s action lifts that order.
The court action comes three weeks after two members of the West Virginia National Guard, Spc. Sarah Beckstrom and Staff Sgt. Andrew Wolfe were ambushed as they patrolled a subway station three blocks from the White House. Beckstrom died Nov. 27 from her injuries. Wolfe continues to recover. Rahmanullah Lakanwal, a 29-year-old Afghan national, has been charged with murder. He has pleaded not guilty.
The administration has called for an additional 500 National Guard members to be deployed to Washington as a result of the shooting.
The appeals court panel said its decision was “limited in several respects.” For example, it did not address questions such as whether the Guard units were engaged in “law enforcement” activities in violation of federal law.
