US appeals court says Trump’s National Guard deployment in DC may continue

By Jack Queen

NEW YORK, Dec 17 (Reuters) – A federal appeals court on Wednesday cleared President Donald Trump’s deployment of National Guard troops in Washington, D.C., to continue for now, saying his administration was likely to prevail in a legal challenge. 

The unanimous opinion by three judges of the U.S. Court of Appeals for the District of Columbia is a win for Trump as he asserts sweeping authority to deploy troops in American cities over the objections of local leaders, who have sued to stop him.

The deployments break with longstanding norms against presidents using the military to enforce domestic law, and the U.S. Supreme Court is expected to decide whether he overstepped.

Wednesday’s order pauses a lower court ruling that would have halted the deployment, which began this summer and ramped up after the November shooting of two National Guard members near the White House.  

The judges said the administration was likely to prevail in its argument that presidents possess unique powers to mobilize troops and enforce the law in Washington, which is not part of any state. 

The office of Washington, D.C., District Attorney Brian Schwalb, which filed the lawsuit, said in a statement that it looks forward to continuing the case, noting that the order is preliminary and does not address the merits.

White House spokeswoman Abigail Jackson said in a statement the ruling affirms Trump’s lawful authority to order the deployment, which she said “has yielded tremendous results in making DC safer and more beautiful.”

Trump, a Republican, has sought to deploy troops in Democratic-controlled Los Angeles, Chicago, Portland, Oregon, and Memphis, Tennessee, saying they are overrun with crime and unsafe for federal agents carrying out his mass deportations.

Leaders of those cities and states have sharply disputed those characterizations and sued to block the deployments, accusing Trump of exceeding his narrow powers to mobilize troops during anti-government rebellions or when authorities are unable to enforce federal law. 

Trial court judges have ruled against the deployments, rejecting the Trump administration’s arguments that protests against immigration authorities that began this summer amounted to rebellions. 

(Reporting by Jack Queen in New YorkEditing by Rod Nickel)