Capitol News

Michigan Attorney General Dana Nessel has joined a coalition of 22 attorneys general in filing an amicus brief supporting the District of Columbia’s lawsuit against the Trump Administration’s deployment of National Guard troops to D.C. without local consent. The brief argues that this action is unlawful, unconstitutional, and undermines democratic principles.

Nessel stated, “President Trump has made it clear that he plans to illegally deploy the National Guard to states across the country. Such actions blatantly violate the Constitution. The National Guard is not a police force and should not be used as a political tool against the American people. I stand with the District of Columbia in defending the rule of law that protects all of our communities.”

The coalition points to California’s experience as an example, noting that federalized National Guard troops were deployed there for over three months without the governor's approval. This presence reportedly caused fear among residents, disrupted daily activities, and damaged trust between law enforcement and communities. Additionally, specialized fire crews from the California National Guard were diverted from wildfire response duties during peak season to perform law enforcement tasks in Los Angeles.

In their argument, Nessel and her colleagues contend that using military forces for local law enforcement upsets constitutional balances between civilian and military authority. They emphasize that police powers are reserved for states and localities under a federal system with limited enumerated powers for the national government. The brief also highlights concerns about National Guard troops lacking training in areas critical for civilian policing such as criminal procedure, civil rights protections, investigations, and de-escalation tactics.

The attorneys general further stress that states rely on their National Guards for essential disaster response and security roles. By diverting these resources to other functions, they argue state preparedness is compromised.

Other participating attorneys general represent Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

The coalition urges the District Court for the District of Columbia to grant a preliminary injunction preventing future unauthorized deployments by clarifying constitutional limits on using soldiers as local law enforcement.