Trump fights D.C. in court over National Guard deployment legality

The Trump administration is fighting with Washington, D.C., over whether it is legally allowed to deploy hundreds of National Guard members in the nation’s capital as part of a monthslong battle, certain to come under heightened scrutiny in the aftermath of an attack on two soldiers.

The dispute has risen to the appeals court level, where the Department of Justice (DOJ) asked the court recently to intervene and put a hold on U.S. District Judge Jia Cobb’s order blocking the administration from using the National Guard.

Cobb’s order, issued Nov. 20, was not set to go into effect until mid-December to give the DOJ a chance to challenge it.

The DOJ appealed the order Tuesday, one day prior to the attack. A DOJ spokesperson confirmed to Fox News Digital Friday that the department is pressing forward with the appeal — the latest sign that the administration is not backing down from its decision to use the National Guard forces as part of its nationwide crackdown on illegal immigration and crime.

OFFICIALS ID WOUNDED NATIONAL GUARD MEMBERS ON JOB LESS THAN 24 HOURS BEFORE DC AMBUSH AS PROBE INTENSIFIES

The court fight comes as two members of the West Virginia National Guard were shot Wednesday afternoon near the White House. U.S. Attorney Jeanine Pirro said the suspect, an Afghan national named Rahmanullah Lakanwal who once assisted the CIA overseas, will face at least one charge of first-degree murder.

Lakanwal allegedly ambushed Sarah Beckstrom, 20, and Andrew Wolfe, 24, in a targeted attack that President Donald Trump described as an “act of terror.” Beckstrom died of her injuries, while Wolfe remained in critical condition Friday, authorities said.

In response to the incident, Trump said he ordered another 500 National Guard members to be deployed to Washington.

“We will not be deterred from the mission the service members were so nobly fulfilling,” Trump said of his decision to mobilize the additional troops, adding, “We will make America totally safe again.”

The administration has indicated that it plans to maintain a National Guard presence in the district through at least February.

A three-judge panel is handling the Trump administration’s appeal of Cobb’s order. The panel, which comprises two Trump appointees and one Obama appointee, has ordered parties in the case to submit arguments to the court by Wednesday. 

The panel could decide whether to block Cobb’s order and continue allowing use of the National Guard in Washington anytime thereafter.

DEM STRATEGIST SAYS ADDING 500 NATIONAL GUARD TROOPS IN DC WOULD CREATE ‘MORE TARGETS’

Lawyers have argued on behalf of Washington that the Trump administration encroached on the district’s sovereignty by creating a “federal military police force” out of what amounted to more than 2,000 D.C. and out-of-state National Guard members. The lawyers said that Washington leaders opposed the presence of the troops and that it “inflamed tensions” and diverted resources from the local police department. 

They said the out-of-state National Guard forces were particularly problematic because states cannot interfere with the district, which is governed by a unique set of federal statutes.

DOJ attorneys countered that the deployment was “plainly lawful” and said the troops were not engaging in arrests or searches, but rather in deterrence by simply patrolling areas undermanned by police and making temporary detentions as needed.

“The results speak for themselves,” the attorneys wrote. “The deployment has been a part of a broader federal-local effort between federal agencies and the D.C. Mayor’s office to safeguard the public from violent crime. The success of that coordination is undeniable.”

The Trump administration also has attempted to deploy National Guard members in Illinois and Portland but state and local leaders resisted, leading to lawsuits, including one that is now pending before the Supreme Court.