On August 11, in an executive order titled “Declaring a Crime Emergency in the District of Columbia,” President Trump put the federal government in charge of DC’s local police force. A second order directed members of the DC National Guard into active federal service. Now, over 2,000 National Guard members across the US are mobilized in DC.

The National Guard is a distinct military force that answers to state and federal governments, with the president having the power to activate it in a state without compliance with the governor. Since DC does not have statehood, the National Guard must answer directly to the president. 

Despite the reason for their deployment being a crime emergency in the District of Columbia, in the past year, there has been an overall reduction in violent crime. According to the Justice Department, homicides are down 32%, armed carjackings are down 53%, and there have been the fewest assaults with dangerous weapons and burglaries in over 30 years. 

The executive branch is ignoring the Posse Comitatus Act of 1878, which prevents the military or National Guard from enforcing domestic laws without permission from Congress. This worries DC Attorney General Brian L. Schwalb, and–in a statement sent to CBS News–he says, “more than 50 years ago, Congress granted the District the right to self-governance and control over local matters, including maintenance of public safety and order; Congress did not give the President authority to participate in local DC law enforcement as he sees fit.”

So far in DC, there have been two lawsuits against this agenda. On September 4, Schwalb announced that his office is suing the Trump administration over the deployment of National Guard troops within the city’s boundaries, proclaiming that it amounts to an unconstitutional, “involuntary military occupation.” In another instance, Attorney General Pam Bondi, who’s heading up this effort for the Trump administration, tried to appoint her own interim chief of police, but was backed down in a lawsuit by Mayor Muriel Bowser. 

It is important to remember your rights when interacting with the National Guard. Your Constitutional rights to remain silent, refuse a search without a warrant, and film in public spaces remain unchanged even in unprecedented times. •