The National Guard will remain in the nation’s capital indefinitely — possibly through the summer of 2026 — according to a recent court filing.
The filing, submitted Friday by District of Columbia Attorney General Brian Schwalb, said internal documents show National Guard officials are planning for a “long-term persistent presence,” potentially lasting through the nation’s semiquincentennial celebration next summer.
News of the filing came after a 9th Circuit Court of Appeals panel ruled Monday to allow the Trump administration to deploy National Guard troops to Portland, Oregon.
The White House first ordered the deployment of 200 guardsmen there on Sept. 28, a move quickly blocked by a federal judge and left in legal limbo until Monday’s ruling.
Schwalb’s filing is part of a lawsuit challenging what he calls the unlawful deployment of the Guard in Washington, D.C. President Donald Trump announced the deployment in August, placing the Metropolitan Police Department under federal control after declaring a “crime emergency” in the city.
The filing included documents alleging the Guard’s cooperation with local law enforcement operations, which he contends violates federal law.
An email from D.C. National Guard Commander Maj. Gen. Leland Blanchard directed troops to begin “wintering” their formation — an indication, Schwalb argued, that troops expect to stay in D.C. through the colder months.
Additional service members from Alabama and other states have been rotated into the capital since mid-September, court documents show, further suggesting a continuing operation.
Schwalb expressed concern that out-of-state troops are receiving orders directly from the D.C. National Guard, which reports to the Pentagon rather than local officials.
The filing included exhibits showing Guard members deputized as federal law enforcement officers, performing policing duties that Schwalb argues violate the Posse Comitatus Act, a 147-year-old law barring use of federal troops for domestic law enforcement except when authorized by Congress.
“President Trump successfully stopped the out-of-control crime crisis in our nation’s capital and turned it into a safe and clean city,” White House spokeswoman Taylor Rogers told WUSA-TV on Tuesday.
“To ensure the long-term success of the federal operations to deter violent crime, the National Guard is still present in Washington, D.C. We are thankful for their service.”
The filing warned that the extended deployment of armed soldiers, many without police training, poses a potential threat to public safety.
U.S. District Judge Jia Cobb, a Biden appointee overseeing the case, has not yet ruled on D.C.’s request for an injunction.
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