Deployment of West Virginia National Guard Members in Nation’s Capital Can Continue, Judge Rules
A recent ruling by Kanawha County Circuit Judge Richard D. Lindsay has allowed the continued deployment of over 300 West Virginia National Guard members to patrol the streets of Washington, D.C. This decision comes as part of President Trump’s push to send the military into Democratic-run cities. The lawsuit, filed by the West Virginia Citizen Action Group, argued that Republican Gov. Patrick Morrisey exceeded his authority when he authorized the Guard’s deployment in August.
Background and Context
The question of whether state law allows West Virginia to deploy its National Guard members to the nation’s capital was at the center of the lawsuit. Judge Lindsay believed that federal law allows for the request made by the president to the governor, thus permitting the deployment. West Virginia is among several states that have sent National Guard members to Washington, D.C., with the state National Guard indicating that its deployment could last until the end of November, and potentially longer.
Formal orders were issued last week extending the deployment of the District of Columbia’s National Guard in the city through the end of February. Jace Goins, the state’s chief deputy attorney general, expressed satisfaction with the judge’s decision, stating that the National Guard will remain in D.C. and will not be redeployed to West Virginia. The West Virginia Citizen Action Group argued that under state law, the governor could only deploy the National Guard out of state for specific purposes, such as responding to natural disasters or emergency requests from other states.
Reactions and Concerns
Aubrey Sparks, an attorney for the American Civil Liberties Union’s West Virginia chapter, disagreed with the decision, stating that West Virginia law is clear and that the state should not have been able to skirt past it simply because Trump asked them to. The ACLU and other organizations remain deeply concerned about the deployment and its implications. Trump issued an executive order in August declaring a crime emergency in the nation’s capital, despite the Department of Justice reporting that violent crime is at a 30-year low.
Within a month of the executive order, over 2,300 Guard troops from eight states and the District of Columbia were patrolling under the Army secretary’s command. Trump also deployed hundreds of federal agents to assist them. A federal judge heard arguments on October 24 regarding District of Columbia Atty. Gen. Brian Schwalb’s request to remove National Guard members from Washington streets, but a ruling has not been made.
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