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Appeals Court Halts Removal Order, Lets Trump Keep National Guard in D.C. Through February

The panel said the president is likely to prevail on a claim of unique authority tied to D.C.’s federal status.

Overview

  • A unanimous three-judge D.C. Circuit panel stayed U.S. District Judge Jia Cobb’s November 20 order that had directed the removal of thousands of Guard members.
  • The stay allows the deployment to continue at least through the end of February as the appeals court considers the city’s challenge on the merits.
  • Judge Patricia Millett wrote that withdrawing troops now would profoundly disrupt service members’ lives and hinder protection of federal functions and property.
  • The ruling emphasized presidential authority in the federal district and said the District had not shown ongoing injury to its statutory interests.
  • Parallel lawsuits are testing similar deployments elsewhere, and the D.C. presence has drawn added scrutiny after a recent shooting that left one Guard member dead and another critically injured.