Schwalb says D.C. military deployment is unlawful

Brian SchwalbAttorney general for the District of Columbia

Schwalb calls the sustained military deployment unlawful and says it should end.

Responding to

Federal law, including the D.C. militia code, does not authorize National Guard troops to do local law enforcement in the District.

“This is not normal, or legal, and we cannot become numb to it.”

Official statement

Read the official statement (opens in a new tab)Attorney General Schwalb Issues Statement Following Hearing in Lawsuit to End Illegal National Guard Deployment in DC · Brian SchwalbStatement and stayed preliminary-injunction history

Where this statement fits

Trump administration defends D.C. National Guard deployment on appeal

A three-judge panel of the D.C. Circuit heard argument on October 14, 2026 in the Trump administration's appeal of a ruling against its National Guard deployment in Washington. Justice Department lawyer Eric McArthur told the court the deployments were lawful under the D.C. militia code and federal law, and called the mission a striking success. D.C. Attorney General Brian Schwalb said afterward that using the military to police the city's streets violates the law. District Judge Jia Cobb granted the District a preliminary injunction against the deployment on November 20, 2025. On December 17, 2025, the D.C. Circuit put that order on hold for the rest of the appeal. The panel did not rule at the hearing.

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Source and context

Official statement

Attorney General Schwalb Issues Statement Following Hearing in Lawsuit to End Illegal National Guard Deployment in DC (opens in a new tab) · Brian SchwalbStatement 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.

Archived copy (opens in a new tab)

Before the quotation

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.

After the quotation

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.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

Schwalb expressly condemns the deployment under scrutiny and seeks its termination.

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The Dispute Index
Title
Schwalb says D.C. military deployment is unlawful
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https://disputeindex.com/events/5764-schwalb-calls-the-sustained-military-deployment-unlawful-and

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The Dispute Index. "Schwalb says D.C. military deployment is unlawful". First published: 2026-10-15. Last updated: 2026-10-15. https://disputeindex.com/events/5764-schwalb-calls-the-sustained-military-deployment-unlawful-and