National Guard troops stop a young woman on a rental scooter near a closed intersection where President Donald Trump was holding an event, in Washington, Tuesday, Sept. 8, 2026. (AP Photo/J. Scott Applewhite)
WASHINGTON - A federal appeals court heard arguments Wednesday over whether President Donald Trump has the authority to deploy National Guard troops in Washington, D.C.
What we know:
The hearing came as residents voiced opposition to military personnel patrolling D.C. neighborhoods and standing near election drop boxes.
The case centers on a legal question: who has the legal power to deploy the National Guard on District streets, and whether that federal military footprint serves as a protective measure or an unlawful executive overstep.
During proceedings, a three-judge panel, composed of appointees of former presidents Bill Clinton, Barack Obama and Joe Biden, directed pointed questions to both sides.
All three judges challenged D.C. Attorney General Brian Schwalb’s argument that the president lacks at least some legal authority to deploy the Guard in the nation’s capital. At the same time, at least one judge expressed open skepticism toward arguments presented by the Department of Justice.
The Trump administration argued that ruling in favor of the District could trigger severe consequences for future city operations. DOJ counsel warned that restricting presidential authority could block the National Guard from being mobilized for critical missions the District has historically relied upon, including inaugurations, major demonstrations and natural disaster relief.
"The president ordered the Secretary of Defense to mobilize the D.C. National Guard and to coordinate with state governors to bring in state guards to support the federal mission," argued DOJ attorney Eric McArthur. "By any measure, that has been a striking success, with even the D.C. mayor acknowledging the dramatic decrease in violent crime since the deployments began."
McArthur also pointed to prior deployments outside and within the District, noting that the D.C. National Guard assisted in Hurricane Katrina relief and that Mayor Muriel Bowser previously requested the Guard's activation to support city efforts during the COVID-19 pandemic.
Attorney General speaks out
What they're saying:
After the hearing, Attorney General Schwalb spoke briefly to reporters, pushing back against the ongoing deployment of out-of-state forces.
"For over a year now there have been more than thousands of National Guard on the streets of the District of Columbia who are not from the District of Columbia but from other states," Schwalb said. "And they have spread apprehension and confusion by patrolling near our schools, by deploying near our election drop boxes, by marching through our neighborhoods."
Schwalb cited a recent viral video showing National Guard troops stationed immediately adjacent to D.C. ballot drop boxes placed ahead of the midterm elections. The D.C. Board of Elections formally asked the Guard to stay at least 50 feet away from all ballot boxes through Election Day amid concerns from residents that the military presence could be used to intimidate voters.
Neighbors protest
Tensions surrounding the deployments were also visible on District streets Wednesday. A group of residents, joined by D.C. Councilmember Brooke Pinto, staged a protest against the Guard's presence at Bard Elementary School in Southeast.
Neighbors are set to gather again Wednesday night in Southeast for a community listening session focused on the Guard’s activities near the school.
The three-judge appellate panel faces no formal deadline to issue its ruling, meaning a decision could come down at any time.
The Source: Information in this article is from federal appeals court proceedings and the D.C. Attorney General.