Where the Trump admin’s court fight over National Guard in DC stands in wake of shooting
In a contentious legal battle, the Trump administration is clashing with Washington, D.C. officials over the deployment of National Guard members in the nation’s capital. The dispute has escalated to the appeals court level following a recent ruling by U.S. District Judge Jia Cobb, who blocked the administration’s use of the National Guard. The Department of Justice (DOJ) has filed an appeal against this decision, asserting that the deployment is essential for a nationwide crackdown on illegal immigration and crime. This legal tug-of-war comes in the wake of a tragic incident in which two members of the West Virginia National Guard were shot near the White House, highlighting the heightened scrutiny surrounding the administration’s military presence in the city.
On Wednesday, an Afghan national, Rahmanullah Lakanwal, allegedly ambushed National Guard members Sarah Beckstrom and Andrew Wolfe, resulting in Beckstrom’s death and Wolfe’s critical injuries. In response, President Trump announced the deployment of an additional 500 National Guard troops to Washington, emphasizing the need for increased security and asserting that the mission of the service members remains vital. The administration plans to maintain a National Guard presence in D.C. through at least February, as a three-judge panel, which includes two Trump appointees, reviews the appeal against Judge Cobb’s order. The panel’s decision could determine whether the National Guard’s presence continues amid claims from D.C. officials that it infringes on the district’s sovereignty and inflates tensions rather than alleviating crime.
The legal arguments center around the balance of power between federal and local authorities, with D.C. lawyers contending that the National Guard’s presence creates a “federal military police force,” undermining local governance. They argue that the deployment diverts resources from the local police and exacerbates tensions within the community. Conversely, DOJ attorneys maintain that the National Guard’s role has been lawful and necessary for public safety, highlighting successful coordination between federal agencies and local officials in combating violent crime. As the case unfolds, it raises critical questions about the limits of federal authority in a city governed by unique federal statutes, and the implications of military presence in urban areas.
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The Trump administration is fighting with
Washington, D.C.
, over whether it is legally allowed to deploy hundreds of National Guard members in the nation’s capital as part of a monthslong battle, certain to come under heightened scrutiny in the aftermath of Wednesday’s attack on two soldiers.
The dispute has risen to the appeals court level, where the Department of Justice (DOJ) asked the court recently to intervene and put a hold on U.S. District Judge Jia Cobb’s order blocking the administration from using the National Guard.
Cobb’s order, issued Nov. 20, was not set to go into effect until mid-December to give the DOJ a chance to challenge it.
The DOJ appealed the order Tuesday, one day prior to the attack. A DOJ spokesperson confirmed to Fox News Digital Friday that the department is pressing forward with the appeal — the latest sign that the administration is not backing down from its decision to use the National Guard forces as part of its nationwide crackdown on illegal immigration and crime.
OFFICIALS ID WOUNDED NATIONAL GUARD MEMBERS ON JOB LESS THAN 24 HOURS BEFORE DC AMBUSH AS PROBE INTENSIFIES
The court fight comes as two members of the West Virginia National Guard were shot Wednesday afternoon near the White House. U.S. Attorney Jeanine Pirro said the suspect, an Afghan national named Rahmanullah Lakanwal who once assisted the CIA overseas, will face at least one charge of first-degree murder.
Lakanwal allegedly ambushed Sarah Beckstrom, 20, and Andrew Wolfe, 24, in a targeted attack that President Donald Trump described as an “act of terror.”
Beckstrom died
of her injuries, while Wolfe remained in critical condition Friday, authorities said.
In response to the incident, Trump said he ordered another 500 National Guard members to be deployed to Washington.
“We will not be deterred from the mission the service members were so nobly fulfilling,” Trump said of his decision to mobilize the additional troops, adding, “We will make America totally safe again.”
The administration has indicated that it plans to maintain a National Guard presence in the District of Columbia through at least February.
A three-judge panel is handling the Trump administration’s appeal of Cobb’s order. The panel, which comprises two Trump appointees and one Obama appointee, has ordered parties in the case to submit arguments to the court by Wednesday.Â
The panel could decide whether to block Cobb’s order and continue allowing use of the
National Guard
in Washington anytime thereafter.
DEM STRATEGIST SAYS ADDING 500 NATIONAL GUARD TROOPS IN DC WOULD CREATE ‘MORE TARGETS’
Lawyers have argued on behalf of Washington that the Trump administration encroached on the District’s sovereignty by creating a “federal military police force” out of what amounted to more than 2,000 D.C. and out-of-state National Guard members. The lawyers said that Washington leaders opposed the presence of the troops and that it “inflamed tensions” and diverted resources from the local police department.Â
They said the out-of-state National Guard forces particularly were problematic because states cannot interfere with the District, which is governed by a unique set of federal statutes.
DOJ attorneys countered that the deployment was “plainly lawful” and said the troops were not engaging in arrests or searches, but rather in deterrence by simply patrolling areas undermanned by police and making temporary detentions as needed.
“The results speak for themselves,” the attorneys wrote. “The deployment has been a part of a broader federal-local effort between federal agencies and the D.C. Mayor’s office to safeguard the public from violent crime. The success of that coordination is undeniable.”
The Trump administration also has attempted to deploy National Guard members in Illinois and Portland but state and local leaders resisted, leading to lawsuits, including one that is now pending before the Supreme Court.
