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WASHINGTON (7News) — D.C. Attorney General Brian L. Schwalb filed a lawsuit Thursday seeking to block what he calls the federal government’s “illegal deployment” of National Guard troops in the District.
RELATED | DC National Guard troops have orders extended through December, official says
Schwalb added that since the President’s Aug. 11 announcement, nearly 2,300 National Guard members, including units from supporting states, have been sent to the District under Department of Defense command.
"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 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."
The Office of the Attorney General for the District of Columbia (OAG) argues the deployment amounts to an “involuntary military occupation” that exceeds presidential authority.\
See the full lawsuit below:
This comes after reports of D.C. troops having their orders extended through December, a National Guard official told the Associated Press.
The official, who spoke on condition of anonymity, said that while the extension doesn’t mean that all 950 D.C. Guard troops now deployed will serve until December, it is a strong indication that their role is not winding down.
The lawsuit, filed in U.S. District Court, claims the deployments violate the Constitution and federal law in several ways:
- Illegally using the military for local law enforcement purposes. Because the National Guard units deployed in DC are reporting through a military chain of command, they are subject to the Posse Comitatus Act and 10 U.S.C. 275, which generally prohibit federal military units from engaging in domestic law enforcement. Despite this prohibition, National Guard units are in DC explicitly for the purpose of addressing crime. They are being directed to patrol local neighborhoods while carrying firearms, and they are authorized to conduct law enforcement activities such as searches, seizures, and arrests."
- Authorizing the National Guard to police the District without the District’s consent. More than 50 years ago, Congress granted the District the right to self-governance and control over local matters, including maintenance of public safety and order. Congress did not give the President authority participate in local DC law enforcement as he sees fit. The Emergency Management Assistance Compact—an interstate compact approved by Congress and having the status of federal law—also grants the Mayor, not the President, the right to request National Guard support from other states. Yet the President has deployed National Guard units – including units from seven states – across the District without the consent of local leadership.
- Illegally asserting federal command and control over National Guard troops that are in state militia status. Unless called into active federal service, state National Guard troops must remain under state command and control. However, without calling them into federal service, the defendants are exercising command and control of out-of-state troops, in violation of the Constitution and federal law.
Schwalb said the deployment harms the District by stripping local autonomy, inflaming tensions between residents and law enforcement.
He added that the deployment is also "hurting the District’s local economy by driving away tourists and patrons of local businesses, especially in the restaurant and hospitality service industries."
RELATED | Federal enforcement surge in DC impacts local hospitality industry
The OAG said with this lawsuit, they are "seeking to defend the District’s right to self-governance under the Home Rule Act."
The lawsuit also asks the court to stop the deployments and reaffirm that law enforcement in the District must be carried out only by officials with proper legal authority
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