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4d ago

D.C. Appeals Court Lets National Guard Stay in Washington During Trump Deployment Fight

The panel pointed to the district’s federal status in finding the administration likely to prevail.

National Guard patrol in the Lincoln Memorial, Thursday, Dec. 11, 2025, in Washington. (AP Photo/Rahmat Gul)
National Guard patrol in the Lincoln Memorial, Thursday, Dec. 11, 2025, in Washington. The Washington Monument is seen in the background. (AP Photo/Rahmat Gul)
16 October 2025, USA, Washington Dc: US National Guard soldiers walk up the steps to the Lincoln Memorial in the early morning. Photo by: Kay Nietfeld/picture-alliance/dpa/AP Images
National Guard patrol on the National Mall near the Washington Capitol, Thursday, Dec. 11, 2025, in Washington. (AP Photo/Rahmat Gul)

Overview

  • A unanimous D.C. Circuit panel stayed U.S. District Judge Jia Cobb’s Nov. 20 order, allowing more than 2,000 Guard members to remain in Washington while the appeal proceeds.
  • Judge Patricia A. Millett authored the opinion, joined by Judges Gregory G. Katsas and Neomi J. Rao, concluding the administration is likely to succeed because the president holds unique authority in the federal district.
  • The court called the stay preliminary and based on an expedited record, leaving open questions about Posse Comitatus issues, use of out‑of‑state Guard units, and the district’s standing to sue.
  • The deployment, launched in August under Title 32, has involved roughly 2,000–2,600 Guard members from D.C. and several states, with the current mission set to run through Feb. 28, 2026 unless extended.
  • Scrutiny intensified after two West Virginia Guard members were shot near the White House in late November, killing Spc. Sarah Beckstrom and injuring Staff Sgt. Andrew Wolfe, with a suspect now charged with murder.