Maryland Attorney General Leads Multistate Effort Against ‘Unlawful’ National Guard Deployment in D.C.

Maryland Attorney General Anthony G. Brown has spearheaded a significant coalition of 22 state attorneys general in filing an amicus brief that supports Washington D.C.’s legal challenge against former President Trump’s administration’s deployment of National Guard troops to the District. The filing asserts that the deployment of these troops without the consent of D.C. officials was both unlawful and unconstitutional, violating democratic principles.

The coalition argues that the use of military forces for domestic law enforcement purposes is fundamentally at odds with American values. The brief, submitted to the District Court for the District of Columbia, aims to secure a preliminary injunction that would establish a clear constitutional prohibition against employing soldiers for local policing duties. This action by the former administration is seen not as an isolated incident, but as a potential precedent for the federalization of military forces in American cities.

A central argument presented by Attorney General Brown and the coalition is that President Trump’s directive demonstrated a significant misunderstanding of the National Guard’s intended role and capabilities. The troops are trained for disaster response and emergency situations, not for routine civilian law enforcement. Deploying them in such a capacity is viewed as a misuse of military resources, a violation of the Constitution, and a disruption to the balance of civilian and military authority. This action is also characterized as potentially undermining democratic governance and serving as mere political theater.

The coalition further contends that the deployment infringes upon the police powers traditionally reserved for states and local governments. The U.S. Constitution outlines a federal government with specific, enumerated powers, and general police power is not among them. The lack of specific training in criminal procedure, civil rights, investigation, and de-escalation for National Guard troops in a civilian law enforcement context raises concerns about increased dangers for both the public and the service members themselves. Moreover, the coalition emphasizes the critical need for the National Guard to remain available for their primary functions, such as responding to natural disasters and fulfilling vital security roles within their respective states.

In addition to Maryland, the coalition includes attorneys general from 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, all joining in support of D.C. Attorney General Brian Schwalb’s lawsuit.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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