Skip to main content

September 5, 2025

D.C. AG sues Trump over National Guard military occupation

Brennan Center for Justice
ABC News
Wikipedia
nyujlpp.org
CNN
+6

Federal troops occupy American capital as civilian government sues for control

"D.C. Attorney General Brian Schwalb filed a federal lawsuit on September 4, 2025, challenging Trump's National Guard deployment as unconstitutional military occupation. The suit argues Trump violates the Posse Comitatus Act and D.C. Home Rule Act. Federal courts in California ruled similar military deployments illegal, establishing precedent for constitutional challenge. 2,300 National Guard troops from seven states have been deployed to Washington D.C. since August 11, 2025."

"The deployment violates the Posse Comitatus Act of 1878, which prohibits federal military forces from domestic civilian law enforcement roles. Federal Judge Charles Breyer ruled on September 2, 2025, that Trump violated the law by using federalized National Guard troops for law enforcement in Los Angeles. The judge found Trump systematically used armed soldiers for traffic blockades, crowd control, and security patrols. California's judge blocked Trump from using troops for arrests, searches, and civilian policing."

"The emergency deployment was authorized for 30 days and expires September 10, 2025. It requires Congressional extension to continue military operations in the capital. Without legislative approval, federal troops must withdraw from domestic law enforcement duties. Military personnel currently perform tasks including picking up trash, laying mulch, and aimless patrols while costing taxpayers millions in unnecessary deployment expenses."

"D.C. Home Rule Act grants local government authority over municipal affairs that federal military deployment overrides without consent from elected officials. The occupation undermines local democratic control over city governance and police functions. Washington D.C. Mayor Muriel Bowser opposed federal military deployment in city jurisdiction, arguing local metropolitan police are adequate for public safety without military occupation."

"The precedent establishes federal authority to deploy military forces in any American city opposing administration policies. Trump has threatened similar deployments in Chicago, Baltimore, and New Orleans using D.C. as a constitutional test case. National Guard commanders deploy troops for domestic law enforcement operations violating the Posse Comitatus Act while awaiting Congressional authorization for continued occupation."

πŸ›οΈGovernment✊Civil Rightsβš–οΈJustice

People, bills, and sources

"Brian Schwalb"

"D.C. Attorney General"

"Donald Trump"

"President of the United States"

"Muriel Bowser"

"Washington D.C. Mayor"

What you can do

1

"Contact House Judiciary Committee at 202-225-3951 demanding hearings on National Guard deployment violating Posse Comitatus Act civilian protections"

2

"Call your representatives at 202-224-3121 opposing Congressional extension of military deployment beyond September 10 constitutional deadline"

3

"Support D.C. statehood advocacy through DC Vote ensuring local democratic control over federal military deployments in American cities"

4

"Join civil liberties organizations filing amicus briefs supporting D.C. legal challenge to federal military occupation of civilian areas"

5

"Monitor federal court proceedings tracking constitutional challenges to military deployment through legal databases and civil rights organizations"

6

"File citizen complaints with ACLU at aclu.org documenting military occupation violations of constitutional civilian government protections"