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DC attorney general sues to end federal National Guard deployment

47:42
ABC News Live Prime: August 25, 2025
Andrew Leyden/Getty Images
ByBeatrice Peterson
September 04, 2025, 3:03 PM

Washington, D.C., Attorney General Brian L. Schwalb filed a lawsuit on Thursday to end the Trump administration's deployment of National Guard troops to the city, calling it an unlawful "military occupation."

Nearly 2,300 troops from seven states have been stationed in the district since Aug. 11, a move Schwalb says goes beyond the president's authority and violates local autonomy under the Home Rule Act.

PHOTO: Trump Increases Federal Law Enforcement Presence, Deploys National Guard In Nation's Capital
A National Guard unit patrols the National Mall on August 30, 2025 in Washington, DC. The Metropolitan Police helped both teams leave via their buses after the game was suspended. The Trump administration has deployed federal officers and the National Guard to the District in order to place the DC Metropolitan Police Department under federal control and assist in crime prevention in the nation's capital. (Photo by Andrew Leyden/Getty Images)
Andrew Leyden/Getty Images

The lawsuit argues the troops were placed under Defense Department command and later deputized by the U.S. Marshals Service to perform law enforcement, which Schwalb's office says is "in violation of the foundational prohibition on military involvement in local law."

By law, the president's emergency deployment can last only 30 days unless extended by Congress, meaning the surge is set to expire Sept. 10.

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Schwalb also alleges the federal government is unlawfully asserting command over state militias without formally bringing them into federal service, which he says is a violation of the Constitution and federal law.

The complaint says the deployments threaten to erode trust between residents and police, inflame tensions and damage the city's economy -- particularly in the restaurant and hospitality industries as, just last month, the Restaurant Association Metropolitan Washington extended summer restaurant week in an effort to draw customers during the surge.

D.C. Attorney General Brian L. Schwalb.
Office of the Attorney General for the District of Columbia

The attorney general's office further argues that the deployments violate the Home Rule Act by overriding local autonomy and undermining public safety "by inflaming tensions and eroding trust between District residents and law enforcement."

Still, Gregg Pemberton, the D.C. union chairman said the long-term goal is for the Metropolitan Police Department to resume full responsibility.

This is a developing story. Please check back for updates.

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