D.C. is pushing back against what it argues is an illegal and indefinite deployment of National Guard troops, under federal control, in the nation’s capital.
Court documents suggest troops have been instructed to prepare for “long-term persistent presence” in the District, possibly though next summer in conjunction with the “America 250” celebration.
D.C. Attorney General Brian Schwalb filed the supplemental brief Friday in U.S. District Court for the District of Columbia.
He’s expected to go before a federal judge Friday to ask the court to issue an injunction to stop the National Guard deployment and restore local control over law enforcement.
Federal command over National Guard is unconstitutional, filing argues
According to the brief, National Guard personnel stationed across the District, including out-of-state troops, are operating under the command of the D.C. National Guard and the Defense Department.
That’s opposed to taking direction from their respective governors or generals.
According to the brief, federal command of those troops in state militia violates the Militia Clauses of the Constitution and the statutes governing the National Guard.
The troops report to a colonel in the D.C. National Guard, who sends updates to out-of-state officials.
The filing argued the National Guard’s participation in arrests, patrols and warrant executions violates federal law, which restricts military involvement in civilian law enforcement.
District says deployment has strained police, threatened public safety
D.C. argued the troops’ deployment has impeded on the District’s sovereignty.
In the brief, the District said the troops’ deployment is “placing burdens” on D.C. and “threatening public safety.”
Namely, the brief mentions the presence of military vehicles and troops without standard law enforcement training. The dangers posed by large military vehicles have caused the District to give emergency responders extra training to prepare in case of a vehicle accident or fire.
D.C. police officers have also been impacted by some of those burdens caused by “increased tensions,” according to the filing.
The troops are operating as Special Deputy U.S. Marshals, which grants them law enforcement authority. Though they are not authorized to make arrests, the filing shows some have engaged in arrests and been given training on “handcuffing techniques,” as well as “weapon retention and takedown defense”
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