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Watchdog Urges Court to Dismiss D.C. Lawsuit Over Trump National Guard Deployment as U.S. Suing Itself

A conservative watchdog, the Oversight Project, has filed an amicus brief urging a federal appeals court in Washington, D.C., to throw out the District’s lawsuit challenging President Trump’s National Guard deployment, arguing the city is legally part of the federal government and therefore "cannot sue itself." The group contends that because Congress created D.C. as a municipal corporation subordinate to the United States, any dispute over Guard control or other federal actions must be resolved politically through the president and Congress, not through Article III courts. The appeal arises from a suit D.C. Attorney General Brian Schwalb filed last September, claiming Trump’s extended 2025–2026 Guard deployment and federalized control over the D.C. police encroached on the District’s home‑rule powers. A three‑judge panel has already paused a lower‑court injunction against the administration, and two Trump‑appointed judges wrote separately that D.C. likely lacks standing, echoing the core of the watchdog’s argument. The case now tests both the limits of D.C.’s claimed quasi‑sovereignty and the breadth of presidential authority to deploy military forces in the capital, amid partisan fights over crime, immigration enforcement and federal control of "blue" cities.

Donald Trump National Guard and Federal Authority District of Columbia Governance

📌 Key Facts

  • Oversight Project filed an amicus brief Wednesday telling the D.C. Circuit that the District of Columbia cannot sue the federal government over National Guard deployments because it is legally part of the United States.
  • D.C. Attorney General Brian Schwalb sued in September 2025, alleging President Trump’s National Guard deployment and federalization of D.C. police violated the city’s home‑rule powers.
  • A three‑judge appeals panel has stayed a lower‑court injunction against the Trump administration; two Trump‑appointed judges have already signaled in a concurrence that D.C. likely lacks standing to sue the federal government.
  • Trump ordered roughly 2,600 Guard troops to remain in D.C. through the end of 2026 to support immigration enforcement efforts and what he called making the capital "safe and beautiful."

📊 Relevant Data

In 2023, Black people made up 43% of Washington D.C.'s population but accounted for nearly all (97%) of gun homicide victims.

District Data: Washington, D.C. — Center for Gun Violence Solutions, Johns Hopkins University

Between 2010 and 2020, the Black non-Hispanic population in Washington D.C. decreased from 50.7% to 43.4% of the total population, with further estimates showing it at around 42% by 2026.

District of Columbia, DC population by year, race, & more — USA Facts

The President of the United States is the commander-in-chief of the District of Columbia National Guard, with command exercised through the Secretary of Defense, unlike state National Guards which are controlled by governors.

District of Columbia National Guard — Wikipedia

Violent crime in Washington D.C. reached a 30-year low in 2025, with homicides down 32% and overall violent crime reduced by approximately 29% compared to previous years.

Violent Crime in D.C. Hits 30 Year Low — U.S. Department of Justice

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