Trump fights D.C. in court over National Guard deployment legality

The Trump administration is fighting Washington, DCon whether hundreds of National Guard members are legally allowed to be stationed in the nation's capital as part of a months-long battle that is sure to come under scrutiny after the attack on two soldiers.

The dispute has moved to the appeals court level, where the Department of Justice (DOJ) recently asked the court to intervene and stay U.S. District Judge Jia Cobb's order prohibiting the administration from using the National Guard.

Cobb's order, issued Nov. 20, would not have taken effect until mid-December to give the Justice Department a chance to challenge it.

The Justice Department appealed the order on Tuesday, the day before the attack. A Justice Department spokesman confirmed to Fox News Digital Friday that the department is pressing ahead with the appeal, the latest sign that the administration is not backing down from its decision to use National Guard troops as part of a nationwide fight against illegal immigration and crime.

OFFICIALS IDENTIFIED WOUNDED NATIONAL GUARD MEMBERS ON WORK LESS THAN 24 HOURS BEFORE D.C. AMBUSH AS INVESTIGATION INTENSIFIES

The legal fight began after two members of the West Virginia National Guard were shot and killed Wednesday afternoon near the White House. U.S. Attorney Jeanine Pirro said the suspect, an Afghan national named Rahmanullah Lakanwal who once helped the CIA overseas, will face at least one count of first-degree murder.

Lacanwal allegedly ambushed Sarah Beckstrom, 20, and Andrew Wolf, 24, in a targeted attack that President Donald Trump called an “act of terrorism.” Beckstrom died her injuries, while Wolfe remained in critical condition Friday, authorities said.

In response to the incident, Trump said he ordered 500 more National Guard members to be sent to Washington.

“We will not be let go of the mission that our service members have so nobly accomplished,” Trump said of his decision to mobilize more troops, adding: “We will make America completely safe again.”

The administration has said it plans to maintain a National Guard presence in the county until at least February.

A three-judge panel is hearing the Trump administration's appeal of Cobb's order. The panel, which includes two Trump appointees and one Obama appointee, ordered the parties in the case to submit arguments to the court by Wednesday.

The commission could decide whether to block Cobb's order and continue to allow use National Guard in Washington at any time thereafter.

DEM STRATEGIST SAYS ADDING 500 NATIONAL GUARD TROOPS TO D.C. CREATES 'MORE TARGETS'

Lawyers on behalf of Washington argue that the Trump administration has encroached on the District's sovereignty by creating a “federal military police force” of more than 2,000 National Guard members from the District of Columbia and other states. Lawyers said Washington leaders opposed the troop presence and that it “stirred tensions” and diverted resources from the local police department.

They said out-of-state National Guard forces pose special challenges because states cannot intervene in the district, which is governed by a unique set of federal laws.

Justice Department attorneys countered that the deployment was “entirely legal” and said the troops were not engaged in arrests or searches but rather in deterrence, simply patrolling areas not manned by police and making temporary arrests as needed.

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“The results speak for themselves,” the lawyers wrote. “This deployment was part of a broader federal and local effort between federal agencies and the District of Columbia mayor's office to protect communities from violent crime. The success of this coordination is undeniable.”

The Trump administration also tried to deploy National Guard members to Illinois and Portland, but state and local leaders resisted, leading to lawsuits, including one now before the Supreme Court.