Attorney General Schwalb Issues Statement Following Hearing in Lawsuit to End Illegal National Guard Deployment in DC
Attorney General Brian L. Schwalb issued the below statement following today’s hearing before the U.S. Court of Appeals for the D.C. Circuit in the Office of the Attorney General’s (OAG) lawsuit to end the federal government’s illegal deployment of National Guard troops in the District.
“It violates the law and the principles on which this country was founded to have the U.S. military policing the streets of any American community, including the District of Columbia,” said Attorney General Schwalb. “For over a year, thousands of armed soldiers who are not from here and have limited law enforcement training have occupied our streets, spreading fear and confusion by patrolling near our schools, deploying next to ballot boxes, and marching through our neighborhoods. This is not normal, or legal, and we cannot become numb to it. It is long past time for this illegal deployment to end and for the National Guard to return to their homes, their families, and their regular jobs.”
On November 20, 2025, U.S. District Judge Jia Cobb ruled that the federal government’s deployment of National Guard troops to the District is illegal. Judge Cobb granted the Office of the Attorney General’s request for a preliminary injunction but the D.C. Circuit temporarily stayed the order while it considered defendants’ appeal. Today, the D.C. Circuit heard oral arguments regarding the federal government’s appeal of the District Court’s order.
The lawsuit alleges that the federal government is violating the U.S. Constitution and federal law by:
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Illegally deploying the D.C. National Guard in the District to do local law enforcement.
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Illegally authorizing National Guard troops from other states to police the District without the District’s consent.
- Illegally asserting federal command and control over National Guard troops that are in state militia status.
With this lawsuit, OAG 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.
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