An appeals court in Washington, D.C., ruled unanimously Wednesday that the National Guard may remain stationed in the capital while the judges examine the legality of the deployment.
The three-judge panel includes Judges Gregory G. Katsas and Neomi J. Rao, both Trump appointees, and Patricia A. Millett, an Obama appointee. Judge Millet authored the opinion.
LAWFARE: The DC Circuit just unanimously upheld President Trump’s authority to deploy the National Guard in DC. Obama judge Millett joined judges Katsas & Rao confirm the orders are legal. Democrats claim Trump's deployment orders are 'illegal' and encouraging troops to ignore… pic.twitter.com/Pa3PHB4rEh
— @amuse (@amuse) December 17, 2025
In their 30-page opinion, they also noted that the Trump administration is likely to win the case, simply due to Washington, D.C.'s unique legal status.
“Because the District of Columbia is a federal district created by Congress, rather than a constitutionally sovereign entity like the 50 states,” the panel wrote, “the defendants appear on this early record likely to prevail on the merits of their argument that the president possesses a unique power within the District — the seat of the federal government — to mobilize the Guard.”
President Trump deployed the National Guard to the capital in August, in an effort to bring down the city's crime rates and help with immigration enforcement. In November, U.S. District Judge Jia Cobb ruled that Trump had overstepped his legal authority.
In August 2025, there were about 2,000–2,300 National Guard troops deployed to Washington, D.C.; by December 2025 that number has risen to roughly 2,300–3,200 troops.
While Democrats accused President Trump of authoritarianism for deploying federal troops, even Democratic Mayor Muriel Bowser was forced to acknowledge that the forces helped reduce crime, as the city went a full two-week period without a single murder for the first time in recorded history.
Editor's Note: Unelected federal judges are hijacking President Trump's agenda and insulting the will of the people.
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