DC sues Trump to end Guard 'occupation'

National Guard troops in Washington, D.C.

'No American jurisdiction should be involuntarily subjected to military occupation'

(Image credit: Andrew Caballero-Reynolds / AFP via Getty Images)

published 5 September 2025

What happened

Washington, D.C., Thursday sued President Donald Trump and his administration over the deployment of National Guard troops in the capital. D.C. Attorney General Brian Schwalb argued that the unsolicited military presence violated both the law that granted the city limited home rule and the Posse Comitatus Act, which broadly prohibits the use of military personnel for domestic law enforcement.

Who said what

"No American jurisdiction should be involuntarily subjected to military occupation," Schwalb said in a statement. His lawsuit asked a federal court to order Trump to withdraw the more than 2,200 National Guard members mobilized in D.C. and to prohibit another such deployment. The White House said it believes Trump "is well within his lawful authority" to deploy the Guard to protect federal assets and assist law enforcement.

A federal judge in California rejected that argument earlier this week, ruling that Trump's military deployment in Los Angeles was illegal. But the L.A. case is "not directly comparable," The Washington Post said, "and the vast power that the federal government retains over the district — including over the deployment of the city's National Guard — could make the legal challenge an uphill battle."

What next?

Trump's federalization of the D.C. police department will expire on Wednesday, 30 days after he claimed emergency powers — Congress has no plans to extend the emergency declaration, the Post and Politico reported. But "members of the D.C. National Guard have had their orders extended through December," The Associated Press said, citing a Guard official.

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.