Court decision calling for end to National Guard deployment in DC paused by appeals court

WASHINGTON (AP) — The U.S. Court of Appeals for the District of Columbia Circuit on Thursday temporarily paused a lower court ruling that had called for an end to the deployment of National Guard troops in Washington, D.C.

“The purpose of this administrative stay is to give the court sufficient opportunity to consider the motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion,” the short notice from the appeals court said.

The appeals court’s action on a request by the Trump administration stops the implementation of U.S. District Court Judge Jia Cobb’s Nov. 20 opinion and order. Cobb had concluded that President Donald Trump’s military takeover in Washington, D.C., illegally intrudes on local officials’ authority to direct law enforcement in the district.

Cobb found that while the president does have authority to protect federal functioning and property, he can’t unilaterally deploy the D.C. National Guard to help with crime control as he sees fit or call in troops from other states. She put her order on hold for 21 days to allow the appeal by the Trump administration.

Thursday’s stay will likely extend beyond those 21 days.

“As we have always maintained, the President exercised his lawful authority to deploy the National Guard to D.C. We look forward to ultimate vindication on this issue,” said White House spokeswoman Abigail Jackson.

In August, 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 Secretary of the Army. Trump also deployed hundreds of federal agents to assist in patrols.

District of Columbia Attorney General Brian Schwalb sued to challenge the Guard deployments. He asked the judge to bar the White House from deploying Guard troops without the mayor’s consent while the lawsuit plays out.

Schwalb’s office was not immediately available for comment on Thursday’s stay.

The administration has also deployed Guard troops to Los Angeles and tried to send troops into Chicago and Portland, Oregon, prompting other court challenges. A federal appeals court allowed the Los Angeles deployment, and the administration is appealing a judge’s decision in Portland that found the president did not have the authority to call up or deploy National Guard troops there.

The court action comes eight days after West Virginia National Guard members Specialist 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 who was also shot during last Wednesday’s confrontation, has been charged with murder. He has pleaded not guilty to the charges against him.

The administration has called for an additional 500 National Guard members to be deployed to Washington as a result of the shooting. Arkansas Gov. Sarah Huckabee Sanders announced this week she was sending 100 military members as part of that buildup.