DC strikes back with lawsuit to end Trump's 'military occupation'

Washington, D.C.’s attorney general is fighting back against Donald Trump’s deployment of National Guard troops to the city.

Brian L. Schwalb initiated a lawsuit on Thursday with the aim of halting President Trump’s ‘unlawful military occupation’ of the nation’s capital. The lawsuit asserts that the Military should not be involved in local law enforcement.

But the White House claims the legal action is only meant to ‘undermine’ Trump at the ‘detriment of D.C. residents.’

Since August 11, roughly 2,300 National Guard troops from seven states have been deployed throughout the District, following Trump’s declaration of a crime emergency and his move to take federal control of law enforcement operations in D.C.

This deployment was complemented by federal law enforcement agencies, including the FBI, ATF, DEA, and U.S. Marshals, in efforts to tackle violent crime in the district and enhance safety for both residents and visitors.

Trump has praised this intervention as a success and has considered implementing similar measures in other cities, such as Chicago, Baltimore, and most recently, New Orleans. He has highlighted the declining crime rates and stated that people in the District feel safe once more.

Schwalb, on the other hand, contends that the troop deployment exceeds Trump’s presidential authority and infringes on the city’s local autonomy under the Home Rule Act.

His lawsuit specifically alleges that the deputization of troops by the U.S. Marshals Service to carry out law enforcement duties is a ‘violation of the foundational prohibition on military involvement in local law.’

Washington, D.C. Attorney General Brian Schwalb claims President Donald Trump's National Guard deployment to the nation's capital is an 'unlawful military occupation'

Washington, D.C. Attorney General Brian Schwalb claims President Donald Trump’s National Guard deployment to the nation’s capital is an ‘unlawful military occupation’

The District's AG is suing to end federal control of Washington, D.C. – just days before the Home Rule Act takeover is set to end on September 10

The District’s AG is suing to end federal control of Washington, D.C. – just days before the Home Rule Act takeover is set to end on September 10

Trump’s emergency take over of the Metropolitan Police Department under Section 740 of D.C.’s Home Rule Act can last only 30 days – unless extended by Congress. This means that the surge is set to expire on September 10.

But he can keep the National Guard presence in the city beyond those 30 days.

There are no time limits under the Home Rule Act or other federal laws preventing deployment of the National Guard.

The White House says that ‘President Trump is well within his lawful authority to deploy the National Guard in Washington D.C. to protect federal assets and assist law enforcement with specific tasks.’

‘This lawsuit is nothing more than another attempt — at the detriment of DC residents and visitors — to undermine the President’s highly successful operations to stop violent crime in DC.’ White House spokesperson Abigail Jackson said in a statement to the Daily Mail.

Schwalb writes in Thursday’s filing that D.C. ‘has suffered a severe and irreparable sovereign injury from the deployment of National Guard units’ 

Schwalb lamented in the lawsuit that there are more than 2,200 'patrolling the streets of the District dressed in military fatigues, carrying rifles, and driving armored vehicles.' Pictured: National Guard troops stand outside Union Station in Washington, D.C. on September 1, 2025

Schwalb lamented in the lawsuit that there are more than 2,200 ‘patrolling the streets of the District dressed in military fatigues, carrying rifles, and driving armored vehicles.’ Pictured: National Guard troops stand outside Union Station in Washington, D.C. on September 1, 2025

‘In particular, the deployments have infringed on the District’s sovereign authority, granted by the Home Rule Act, to determine how best to police the District and protect public safety,’ he continues. 

‘The deployment has also impaired the District’s sovereign right to determine when to permit out-of-state National Guard troops to enter the District and furnish assistance to local law enforcement.’

During his August 11 announcement, Trump ordered Defense Secretary Pete Hegseth to activate 800 National Guard troops in D.C.

But over the course of the takeover, hundreds more troops were sent in from seven U.S. states. And now, Schwalb notes, there are more than 2,200 ‘patrolling the streets of the District dressed in military fatigues, carrying rifles, and driving armored vehicles.’

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