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

The Trump administration is battling with Washington over whether it is legally allowed to deploy hundreds of National Guard members to the nation’s capital in a months-long battle that is sure to come under increased scrutiny in the wake of Wednesday’s attack on two soldiers.

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

Cobb’s order, issued on November 20, was not scheduled to take effect until mid-December to give the DOJ a chance to challenge it.

The DOJ appealed the order on Tuesday, a day before the attack. A DOJ spokesperson confirmed to Fox News Digital on Friday that the department is continuing its appeal — the latest sign that the administration is not reversing its decision to use National Guard forces as part of its nationwide crackdown on illegal immigration and crime.

OFFICIALS IDENTIFY INJURED NATIONAL GUARD MEMBERS AT WORK LESS THAN 24 HOURS BEFORE D.C. AMBUSH AS INVESTIGATION INTENSIFIES

The Trump administration is battling with Washington over whether it is legally allowed to deploy hundreds of National Guard members to the nation’s capital. (Alex Wroblewski/Bloomberg via Getty Images)

The legal battle comes as two members of the West Virginia National Guard were shot and killed Wednesday afternoon near the White House. U.S. Attorney Jeanine Pirro said the suspect, an Afghan national named Rahmanullah Lakanwal who previously 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 called an “act of terrorism.” Beckstrom died from her injuries, while Wolfe remained in critical condition Friday, authorities said.

In response to the incident, Trump said he had ordered the deployment of 500 additional National Guard members to Washington.

A man walks past a makeshift memorial honoring the two National Guard troops who were shot near the Farragut West Metro station in Washington, November 28, 2025. (Brendan Smialowski/AFP via Getty Images)

“We will not be deterred by the mission the military has so nobly accomplished,” Trump said of his decision to mobilize additional troops, adding: “We will make America completely safe again.”

The administration has indicated that it plans to maintain a National Guard presence in the District of Columbia at least until February.

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

The panel could decide whether to block Cobb’s order and continue to authorize the use of the National Guard in Washington at any time thereafter.

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

President Donald Trump said he plans to mobilize 500 additional National Guard members to Washington, DC. (Brendan Smialowski/AFP/Getty Images)

The lawyers argued on behalf of Washington that the Trump administration encroached on the District’s sovereignty by creating a “federal military police force” made up of more than 2,000 National Guard members from Washington and out of state. The lawyers said Washington’s leaders opposed the troop presence and that it “stoked tensions” and diverted local police resources.

They said out-of-state National Guard forces were particularly problematic because states could not interfere with the District, which is governed by a single set of federal laws.

Justice Department lawyers countered that the deployment was “entirely legal” and said the troops were not engaging in arrests or searches, but rather serving as a deterrent by simply patrolling areas undermanned by police and carrying out temporary detentions if necessary.

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“The results speak for themselves,” the lawyers wrote. “The deployment is part of a broader federal-local effort between federal agencies and the Washington, DC Mayor’s Office to protect the public from violent crime. The success of this coordination is undeniable.”

The Trump administration also attempted to deploy National Guard members to Illinois and Portland, but state and local leaders resisted, leading to lawsuits, one of which is currently pending before the Supreme Court.