A federal appeals court has cleared the way for National Guard troops to remain on the streets of Washington, pausing a lower court order that would have forced an end to the long-running deployment in the nation’s capital.
In a unanimous decision issued Wednesday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit concluded that President Donald Trump is likely to succeed in arguing that the White House holds a special constitutional authority to mobilize the National Guard in Washington, which operates as a federal district rather than a state.
The ruling halts the effect of a November 20 decision by U.S. District Judge Jia Cobb, who had ordered the deployment to be terminated. With that order now stayed, Guard members are expected to remain a visible presence across the city through at least 2026.
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Cobb had determined that the deployment improperly encroached on the power of District officials to oversee local law enforcement. The appeals court, however, said the balance of equities favored the administration, pointing to the “disruption to the lives of thousands of service members” and the president’s interest “in the protection of federal governmental functions and property within the Nation’s capital.”
The panel also found that the District failed to demonstrate any continuing harm to its legal authority, adding that the government presented a strong case on appeal.
The Guard presence began in August after Trump issued an executive order declaring a crime emergency in Washington. Within weeks, more than 2,300 Guard troops drawn from eight states and the District were deployed under the supervision of the Army secretary. Hundreds of federal law enforcement agents were also sent to reinforce patrols.
District Attorney General Brian Schwalb filed suit challenging the deployment, arguing that the White House should not be allowed to activate the Guard without the mayor’s consent while the case moved forward. States lined up on both sides of the lawsuit, largely along partisan lines.
A spokesperson for Schwalb said the court’s decision does not settle the underlying legal questions. “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.”
Attorney General Pam Bondi welcomed the decision in a post on X, writing, “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 said the Justice Department would continue defending the president’s agenda in court.
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In her original ruling, Cobb acknowledged that the president has authority to safeguard federal property and operations but said that power does not extend to unilaterally using the D.C. National Guard for general crime control or pulling in Guard units from other states. She ordered the troops to withdraw, but delayed the enforcement of her decision for 21 days to allow an appeal.
An administrative stay issued by the appeals court on December 4 had temporarily blocked Cobb’s ruling. Wednesday’s decision replaces that stopgap order and allows the deployment to continue.
This comes after a recent attack on two members of the West Virginia National Guard while they were on patrol near the White House. Spc. Sarah Beckstrom later died from her injuries, while Staff Sgt. Andrew Wolfe remains in recovery. Rahmanullah Lakanwal, a 29-year-old Afghan national, has been charged with murder and has pleaded not guilty.
Following the shooting, the administration announced plans to send an additional 500 Guard members to Washington.
The appeals court stressed that its decision was “limited in several respects,” noting that it did not rule on whether Guard troops are engaging in prohibited “law enforcement” activities under federal law, leaving those questions for future proceedings.
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