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yesterday

D.C. Circuit Lets Trump Keep National Guard in Washington During Appeal

Judges cited Washington’s federal status as grounds for likely success by the administration.

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

  • The unanimous three-judge panel stayed U.S. District Judge Jia Cobb’s Nov. 20 order that declared the deployment unlawful and required withdrawal.
  • The stay allows Guard units from D.C. and multiple states to remain in the capital through at least late February while the appeal proceeds.
  • Judge Patricia A. Millett wrote that the president holds a “unique power” in the federal district and that an abrupt pullout would cause profound disruption; Judges Gregory G. Katsas and Neomi J. Rao joined.
  • The panel said the District had not shown ongoing injury to its statutory interests and left unresolved questions about out-of-state deployments and potential Posse Comitatus concerns.
  • Trump ordered the deployment in August after declaring a crime emergency, the force has grown to several thousand, and scrutiny increased after a November shooting that killed Spc. Sarah Beckstrom and critically injured Staff Sgt. Andrew Wolfe, with a suspect charged with murder.