Photo Courtesy/WV National Guard U.S. soldiers with the West Virginia National Guard conduct a routine patrol at the Stadium-Armory Metro Station in Washington, D.C., on Sept. 8.

CHARLESTON — As he prepares to defend the deployment of the West Virginia National Guard in the nation’s capital in a Kanawha County courtroom, Attorney General J.B. McCuskey joined with other states in defending President Donald Trump’s use of the National Guard in Washington, D.C.

In a friend-of-the-court brief filed Wednesday in the U.S. District Court for the District of Columbia, West Virginia and South Carolina led 21 other states in defending Trump’s use of National Guard for law enforcement activities in Washington.

The states argue that crime in Washington is a serious threat to the effective operation of the national government and the safety of its representatives and citizens. They contend that Trump’s actions to deploy the National Guard to address this crime surge are justified under both statutory and constitutional powers, particularly his Article II duty to ensure faithful execution of laws and his role as commander-in-chief of the D.C. National Guard. 

“The President has the authority, and the duty, to protect our nation’s capital,” McCuskey said in a Wednesday statement. “The lawlessness in Washington, D.C., the result of years of soft-on-crime policies, was putting our nation at risk and finally, we have a President willing to step up to secure it.”

“The American People rely on the effective operation of their federal government, which in turn depends on the safety of elected representatives and officials who carry out the popular will,” according to the brief. “The American People also travel from all over the country to Washington, every day, to visit its historic sites and exercise their First Amendment right to petition the Government.

“America cannot succeed and thrive when the Seat of Government is not safe, and so protecting D.C. is one of President Trump’s most important duties…,” the brief continued.

Trump announced a federal takeover of law enforcement functions in D.C. on Aug. 11, citing instances of violent crime. Trump called up the D.C. National Guard, FBI, the Department of Homeland Security, and other federal agencies to help quell crime.

D.C. Attorney General Brian L. Schwalb filed a lawsuit against the Trump administration on Aug. 15, challenging the legality of Trump’s executive order and an order from U.S. Attorney General Pam Bondi citing provisions of the Home Rule Act allowing for a federal takeover of municipal law enforcement functions in the city.

“By declaring a hostile takeover of MPD (Metropolitan Police Department), the Administration is abusing its limited, temporary authority under the Home Rule Act, infringing on the District’s right to self-governance and putting the safety of DC residents and visitors at risk,” Schwalb said in a statement. “The Administration’s unlawful actions are an affront to the dignity and autonomy of the 700,000 Americans who call D.C. home. This is the gravest threat to Home Rule that the District has ever faced, and we are fighting to stop it.”

Trump also requested the assistance of states, asking them to send their own National Guard units to D.C. Trump cited United States Code Title 32 502(f), which allows the secretaries of the Army or Air Force to call up National Guard units from other states for training or other duties. This authority is used for national disasters or national security missions.

Morrisey announced on Aug. 16 that he was sending between 300 and 400 personnel with the West Virginia National Guard to D.C. To date, Louisiana, Mississippi, Ohio, South Carolina, South Dakota and Tennessee have also sent National Guard units to D.C. Since the deployment of the National Guard, McCuskey cited statistics showing drops in homicides, car jackings, robberies, and violent crimes.

“We are so immensely proud of the work of our National Guard members who have answered the call to restore law and order to D.C.,” McCuskey said. “Their deployment is working. But instead of being part of the solution and on the side of safety, this lawsuit is pure misguided political resistance to President Trump.”

McCuskey and the Attorney General’s Office are also defending the state in Kanawha County Circuit Court over West Virginia’s National Guard deployment. The West Virginia chapter of the American Civil Liberties Union (ACLU-WV) and West Virginia Citizens Action Group (WV CAG) filed a lawsuit Aug. 21 against Morrisey and Maj. Gen. James Seward, the adjutant general of the West Virginia National Guard.

The lawsuit is seeking a permanent injunction to block the recent deployment of the National Guard to Washington and a declaratory judgement that the deployment exceeds statutory and constitutional authority. The permanent injunction seeks to prohibit Morrisey from ordering the deployment of National Guard soldiers outside of the state and prohibit Seward from complying with unlawful directives to send National Guard units or civilian employees outside the state.