Photos: YouTube Screenshots
Thursday, Washington D.C. Attorney General Brian Schwalb announced that his office was filing a lawsuit against Donald Trump’s “illegal federal overreach” in deploying National Guard troops in the city.
Schwalb’s office released the following on the lawsuit:
Attorney General Brian L. Schwalb today filed a lawsuit to stop the federal government’s illegal deployment of National Guard troops in the District of Columbia. Since the President’s August 11 announcement, nearly 2,300 National Guard troops, including units from seven states, have been deployed to the District and placed under the command of the Department of Defense. These deployments amount to an involuntary military occupation that far exceeds the President’s authority over the National Guard. In addition, most or all of the troops have been deputized by the US Marshals Service to conduct law enforcement activities in the District, in violation of the foundational prohibition on military involvement in local law enforcement.
“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 Attorney General 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 President’s decision to deploy National Guard troops to police District streets severely harms the District and its residents by 1) depriving the District of the local autonomy granted under the Home Rule Act; 2) threatening to undermine public safety by inflaming tensions and eroding trust between District residents and law enforcement; 3) having large numbers of armed military who are not trained in municipal policing patrolling DC streets; and 4) hurting the District’s local economy by driving away tourists and patrons of local businesses, especially in the restaurant and hospitality service industries.
The Office of the Attorney General’s lawsuit alleges that the federal government is violating the Constitution and federal law by:
Illegally using the military for 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 to 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.
The lawsuit is available here.
With this lawsuit, filed in the U.S. District Court for the District of Columbia, the Office of the Attorney General is seeking 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.
To Support our independent investigative journalism contributions are welcome via Cashapp to: $BlackStarNews
Also support Black Star News by buying merch from our brand new Black Star Store!
