Trump administration defends D.C. National Guard deployment on appeal
The Trump administration says federal law and the D.C. militia code authorize its National Guard deployment in Washington. D.C. Attorney General Brian Schwalb calls it illegal. A D.C. Circuit panel heard the appeal on October 14 and has not ruled.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
The appeal asks whether the president may deploy the D.C. National Guard, and Guard units sent by other states, on crime-fighting missions in the District without a request from the mayor. The government relies on the D.C. militia code and Section 502(f) of Title 32 of the U.S. Code. The District argues that neither authorizes Guard troops to do local law enforcement.
Questions from judges at argument are not rulings, and reports of the argument differed on which side the questions favored. Guard troops posted near D.C. ballot drop boxes, which Schwalb mentioned, connect this case to a separate one about armed federal agents at polling places.
Timeline
2 timeline entries on this page. Dates: November 20, 2025 to October 14, 2026
November 2025
District judge issues preliminary injunction
Judge Jia Cobb granted the District's request for a preliminary injunction against the deployment. On December 17, 2025, a D.C. Circuit panel stayed the order for the rest of the appeal, so the deployment continued.
[01]Brian Schwalb
D.C.'s attorney general opposes the deployment and describes the appeal. His legal characterization is an advocate's position.
Attorney General Schwalb Issues Statement Following Hearing in Lawsuit to End Illegal National Guard Deployment in DC · Brian SchwalbStatement and stayed preliminary-injunction history[02]Courthouse News Service
Courthouse News report on the October 14 argument. It names the panel, reports the arguments of Mitchell Reich for the District and Eric McArthur for the government, and gives the December 2025 stay history. Its view of how the panel leaned is the reporter's assessment.
DC urges appeals court to end yearlong National Guard deployment in capital · Courthouse News ServiceArgument report: panel, Reich and McArthur arguments, stay history
October 2026
D.C. Circuit hears deployment appeal
Judges Cornelia Pillard, Bradley Garcia and Judith Rogers heard argument. Eric McArthur argued for the federal government and Mitchell Reich for the District. The panel did not rule at the hearing.
[03]Appeals court weighs President Trump's power to deploy National Guard in DC
Original hearing reporting quotes DOJ's defense and describes questions to both sides. Oral argument is not a merits decision.
Appeals court weighs President Trump's power to deploy National Guard in DCKatie Barlow report, Eric McArthur argument[04]United States Court of Appeals for the District of Columbia Circuit
Court minutes of the October 14, 2026 argument, as mirrored by CourtListener (RECAP). They list Circuit Judges Pillard and Garcia and Senior Circuit Judge Rogers, and name Eric D. McArthur of DOJ as counsel for the federal appellants and Mitchell P. Reich of the D.C. Office of the Attorney General as counsel for the District.
District of Columbia v. Trump, No. 25-5418 (D.C. Cir.): courtroom minutes of oral argument · United States Court of Appeals for the District of Columbia CircuitCourtroom minutes filed October 14, 2026 (Doc. 2198015)[02]Courthouse News Service
Courthouse News report on the October 14 argument. It names the panel, reports the arguments of Mitchell Reich for the District and Eric McArthur for the government, and gives the December 2025 stay history. Its view of how the panel leaned is the reporter's assessment.
DC urges appeals court to end yearlong National Guard deployment in capital · Courthouse News ServiceArgument report: panel, Reich and McArthur arguments, stay history
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
United States Department of Justice
Federal law, including the D.C. militia code, authorizes the National Guard deployments in Washington.
What is disputed
The administration's continued D.C. National Guard deployment, as defended in the D.C. Circuit appeal.
Sources (2)
- Appeals court weighs President Trump's power to deploy National Guard in DCKatie Barlow report, Eric McArthur argument
- District of Columbia v. Trump, No. 25-5418 (D.C. Cir.): opening brief for appellants · United States Court of Appeals for the District of Columbia CircuitDoc. 2166633, filed April 1, 2026: Summary of Argument, brief pp. 21-24
Disputed claim
Federal law, including the D.C. militia code, does not authorize National Guard troops to do local law enforcement in the District.
What is disputed
The administration's continued D.C. National Guard deployment, as defended in the D.C. Circuit appeal.
Sources (2)
- Attorney General Schwalb Issues Statement Following Hearing in Lawsuit to End Illegal National Guard Deployment in DC · Brian SchwalbStatement and stayed preliminary-injunction history
- District of Columbia v. Trump, No. 25-5418 (D.C. Cir.): brief for appellee the District of Columbia · United States Court of Appeals for the District of Columbia CircuitDoc. 2173967, filed May 18, 2026: Summary of Argument (PDF p. 31 onward)
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
United States Department of JusticeDeputy Assistant Attorney General Eric D. McArthur, arguing for the federal government in the D.C. CircuitDirectly involvedBefore this statement
In remarks reported by FOX 5 DC, McArthur opened the government's October 14 argument by saying the president had ordered the Secretary of Defense to mobilize the D.C. National Guard and to work with governors to bring in Guard units from other states. He said the mission had been, by any measure,
"a striking success, with even the D.C. mayor acknowledging the dramatic decrease in violent crime since the deployments began"
Defended or excusedResponding to: Federal law, including the D.C. militia code, authorizes the National Guard deployments in Washington.
Full statement and sources
DOJ's lawyer told the appeals court the Guard deployment was lawful and called it a success, citing the mayor's acknowledgment that violent crime had fallen.
After the statement
He argued that the deployments were lawful under the D.C. militia code and federal law. He also warned that the District's reading would keep the Guard from missions such as inaugurations, large demonstrations and disaster relief.
Appeals court weighs President Trump's power to deploy National Guard in DCKatie Barlow report, Eric McArthur argumentDistrict of Columbia v. Trump, No. 25-5418 (D.C. Cir.): courtroom minutes of oral argument · United States Court of Appeals for the District of Columbia CircuitCourtroom minutes filed October 14, 2026 (Doc. 2198015)DC urges appeals court to end yearlong National Guard deployment in capital · Courthouse News ServiceArgument report: panel, Reich and McArthur arguments, stay historyWhy this label?
Speaking for the government, McArthur defends the deployment under scrutiny as lawful and successful.
This label describes the statement's response within the context above.
Brian SchwalbAttorney general for the District of ColumbiaDirectly involved Before this statement
Schwalb issued the statement after the October 14 hearing. He said it violates the law and the country's founding principles for the U.S. military to police the streets of any American community, and that for over a year thousands of armed soldiers who are not from the District had occupied its streets, patrolling near schools and deploying next to ballot boxes.
"This is not normal, or legal, and we cannot become numb to it."
CondemnedResponding to: Federal law, including the D.C. militia code, does not authorize National Guard troops to do local law enforcement in the District.
Full statement and sources
Schwalb calls the sustained military deployment unlawful and says it should end.
After the statement
He added that it is long past time for the deployment to end and for the Guard members to return home. The release says Judge Jia Cobb granted his office's request for a preliminary injunction on November 20, 2025, and that the D.C. Circuit temporarily stayed that order while it considered the appeal.
Attorney General Schwalb Issues Statement Following Hearing in Lawsuit to End Illegal National Guard Deployment in DC · Brian SchwalbStatement and stayed preliminary-injunction historyWhy this label?
Schwalb expressly condemns the deployment under scrutiny and seeks its termination.
This label describes the statement's response within the context above.
Sources
(6)
Official statement
Attorney General Schwalb Issues Statement Following Hearing in Lawsuit to End Illegal National Guard Deployment in DC
Relevant passage: Statement and stayed preliminary-injunction history
About this source
D.C.'s attorney general opposes the deployment and describes the appeal. His legal characterization is an advocate's position.
- Published
- Accessed
Original text
District of Columbia v. Trump, No. 25-5418 (D.C. Cir.): brief for appellee the District of Columbia
Relevant passage: Doc. 2173967, filed May 18, 2026: Summary of Argument (PDF p. 31 onward)
About this source
The District's brief, as mirrored by CourtListener (RECAP). It argues that the federal defendants lack authority to deploy the D.C. Guard or other states' Guard units to do law enforcement in the District.
- Author
- Brian L. Schwalb, Caroline S. Van Zile, Mitchell P. Reich and other attorneys for the District
- Published
- Accessed
Original text
District of Columbia v. Trump, No. 25-5418 (D.C. Cir.): opening brief for appellants
Relevant passage: Doc. 2166633, filed April 1, 2026: Summary of Argument, brief pp. 21-24
About this source
The federal government's opening brief, as mirrored by CourtListener (RECAP). It argues that the Guard deployments need no express statutory authorization and that Section 502(f) of Title 32 and the D.C. Code authorize them in any event.
- Author
- Brett A. Shumate, Eric D. McArthur and other Justice Department attorneys
- Published
- Accessed
Original text
District of Columbia v. Trump, No. 25-5418 (D.C. Cir.): courtroom minutes of oral argument
Relevant passage: Courtroom minutes filed October 14, 2026 (Doc. 2198015)
About this source
Court minutes of the October 14, 2026 argument, as mirrored by CourtListener (RECAP). They list Circuit Judges Pillard and Garcia and Senior Circuit Judge Rogers, and name Eric D. McArthur of DOJ as counsel for the federal appellants and Mitchell P. Reich of the D.C. Office of the Attorney General as counsel for the District.
- Published
- Accessed
Reporting
DC urges appeals court to end yearlong National Guard deployment in capital
Relevant passage: Argument report: panel, Reich and McArthur arguments, stay history
About this source
Courthouse News report on the October 14 argument. It names the panel, reports the arguments of Mitchell Reich for the District and Eric McArthur for the government, and gives the December 2025 stay history. Its view of how the panel leaned is the reporter's assessment.
- Author
- Ryan Knappenberger
- Published
- Accessed
Reporting
Appeals court weighs President Trump's power to deploy National Guard in DC
Relevant passage: Katie Barlow report, Eric McArthur argument
About this source
Original hearing reporting quotes DOJ's defense and describes questions to both sides. Oral argument is not a merits decision.
- Author
- Katie Barlow
- Published
- Accessed
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- Publisher
- The Dispute Index
- Title
- Trump administration defends D.C. National Guard deployment on appeal
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/dc-national-guard-deployment-presidential-authority-appeal
The Dispute Index. "Trump administration defends D.C. National Guard deployment on appeal". First published: 2026-10-15. Last updated: 2026-10-15. https://disputeindex.com/cases/dc-national-guard-deployment-presidential-authority-appeal