Judge Affirms Deployment of West Virginia National Guard to D.C.

A Kanawha County Circuit Court judge has upheld the deployment of over 300 West Virginia National Guard members to Washington, D.C., in a ruling issued on October 23, 2023. This decision comes as part of a broader initiative under former President Donald Trump to send military support to cities governed by the Democratic Party.

Judge Richard D. Lindsay delivered the ruling after deliberating on a lawsuit filed by the West Virginia Citizen Action Group. The organization contended that Republican Governor Patrick Morrisey had overstepped his authority in sanctioning the Guard’s deployment in August. “The question before this court is whether or not state law allows West Virginia to do this,” Lindsay stated, emphasizing that federal law permits the request made by the President to the governor.

The deployment of the National Guard is part of a coordinated effort, with West Virginia being one of several states contributing personnel to the capital. The Guard’s current orders indicate that their presence in D.C. could extend until the end of November, subject to consultations with the governor’s office regarding potential further extensions.

In the previous week, formal orders were issued extending the deployment of the District of Columbia’s National Guard through the end of February 2024. Jace Goins, the chief deputy attorney general of West Virginia, expressed satisfaction with the court’s ruling, stating, “The National Guard are going nowhere. They’re staying in D.C. They’re not going to be redeployed to West Virginia.” Goins reiterated the legality of the governor’s decision based on the President’s request.

The West Virginia Citizen Action Group argued that state law restricts the governor’s ability to deploy the National Guard out of state to specific situations, such as natural disasters or requests for assistance from other states. They claimed that the deployment forced them to divert resources away from their mission of promoting government accountability and transparency.

In response to the lawsuit, the state attorney general’s office argued that the group lacked standing and had not demonstrated any tangible harm from the deployment. Goins summarized the case as a straightforward matter of lawful requests and decisions at both the federal and state levels.

Aubrey Sparks, an attorney with the American Civil Liberties Union in West Virginia, expressed dissent regarding the court’s decision. “I think that West Virginia law is clear,” she commented. “I think what the state was permitted to do here is to skirt past West Virginia law simply because Trump asked them to. And that’s not how the law works. We remain deeply concerned about it.”

In August, Trump had issued an executive order declaring a crime emergency in Washington, D.C., despite reports from the Department of Justice indicating that violent crime in the capital is currently at a 30-year low. Following the order, over 2,300 Guard troops from eight states and the District of Columbia were deployed under the command of the Army Secretary. Additionally, hundreds of federal agents were sent to assist with the security efforts.

Meanwhile, a federal judge heard arguments on October 24 regarding a request from District of Columbia Attorney General Brian Schwalb to remove National Guard members from the streets of Washington. U.S. District Judge Jia Cobb, an appointee of former President Joe Biden, did not issue a ruling immediately following the arguments.

The ongoing legal battles highlight the complex interplay between state and federal authority regarding the deployment of National Guard forces, especially in politically charged environments. As the situation evolves, the implications for both local governance and federal oversight remain critical areas of scrutiny.