A federal appeals court on Wednesday lifted a stay that had halted the National Guard’s presence in Washington, allowing the troops to remain until at least 2026.
Court Decision
The three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit ruled that Donald Trump may prevail in his argument that the president “possesses a unique power” to mobilize the Guard in Washington, a federal district. The ruling stops the implementation of Judge Jia Cobb’s Nov. 20 opinion and order, and reaffirms that residents and visitors to Washington will routinely see Guard members well into 2026.
- The ruling was unanimous 32-page.
Background of Deployment
The deployment began in August after Trump issued an executive order declaring a crime emergency in Washington. Within a month, more than 2,300 National Guard troops from eight states and the district were patrolling the city under the command of the Army secretary. Trump also deployed hundreds of federal agents to assist.
Legal Challenges
City Attorney General Brian Schwalb sued to challenge the Guard deployments, asking that the White House be barred from deploying Guard troops without the mayor’s consent while the lawsuit played out. Dozens of states took sides in the lawsuit, with support falling along party lines. A spokesperson for Schwalb’s office said the stay was a “preliminary ruling that does not resolve the merits. We look forward to continuing our case in both the district and appellate courts.” In a posting on X, Attorney General Pam Bondi praised the ruling, saying, “Our federal surge in D.C. has saved countless lives, removed hundreds of illegal guns off the streets, and led to a dramatic drop in crime in our nation’s capital city.” She added the department would continue fighting in court to defend the president’s agenda.
Incident Prompting Surge
The court action comes three weeks after two members of the West Virginia National Guard, Spc. Sarah Beckstrom and Staff Sgt. Andrew Wolfe, were ambushed as they patrolled a subway station three blocks from the White House. Beckstrom died Nov. 27 from her injuries. Wolfe continues to recover. Rahmanullah Lakanwal, a 29-year-old Afghan national, has been charged with murder and pleaded not guilty. The administration has called for an additional 500 National Guard members to be deployed to Washington as a result of the shooting.
Key Takeaways
- The appeals court lifted the stay, allowing Guard presence until 2026.
- The ruling acknowledges the administration’s strong case but limits its scope.
- The decision does not address whether Guard units were engaged in law enforcement activities in violation of federal law.
The decision keeps the National Guard on the streets of Washington for the foreseeable future, while the legal battle over the scope of presidential power continues.
