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BALTIMORE, MD – Attorney General Anthony G. Brown today filed an amicus brief in support of D.C. Attorney General Brian Schwalb’s lawsuit challenging the Trump administration’s unlawful deployment of National Guard troops to the District of Columbia. Attorney General Brown co-led a coalition of 22 attorneys general in asserting that the deployment of National Guard troops without the consent of D.C. is unlawful, unconstitutional, and undemocratic.
Domestic use of the military has long been recognized as antithetical to American values. While California and D.C. were the first places subjected to unlawful federalized deployments, President Trump has made clear that this is the beginning — not the end — of the military occupation of American cities. In the brief, Attorney General Brown and the coalition urge the District Court for the District of Columbia to grant a preliminary injunction and make clear that the Constitution prohibits the use of soldiers as local law enforcement.
“President Trump’s deployment of National Guard troops to Washington, D.C. shows a fundamental misunderstanding of their training and capabilities,” said Attorney General Brown. “These forces are prepared for emergencies and disasters, not routine law enforcement. This misuse violates the Constitution, undermines the principles of democratic governance and is nothing more than political theater. Our Office stands with Attorney General Schwalb in defending the proper roles of civilian and military authority.”
Attorney General Brown and the coalition argue that:
Using the military for local law enforcement, as the President has done in the District, upsets the careful balance between civilian and military authority set forth in the Constitution.
The deployment of National Guard troops infringes on the police powers reserved to States and localities. The Constitution establishes a federal government of limited, enumerated powers — general police power is not among them.
National Guard troops are not prepared to engage in civilian law enforcement, lacking training in criminal procedure, civil rights, criminal investigation, and de-escalation. This introduces complications and dangers to both the public and the troops engaging with them.
States need the National Guard to be available for vital natural disaster and security functions.
Attorneys General Brown joins the attorneys general of California, Arizona, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin in filing the brief.
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