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Trump keeps troops in the capital—for now: appeals court freezes order to end D.C. guard deployment

Trump keeps troops in the capital—for now: appeals court freezes order to end D.C. guard deployment

Force in Play
By Newzino Staff | |

A fast-moving court fight over who controls security in Washington: the city, Congress, or the president.

February 4th, 2026: Last known D.C. Circuit filing in appeal

Overview

The troops were supposed to start leaving Washington. Instead, the D.C. Circuit hit pause and let President Trump’s National Guard deployment keep rolling while judges decide who really holds the keys to security in the nation’s capital.

This isn’t just a courtroom tug-of-war. If Trump can keep Guard units on D.C. streets over local objections, it redraws the practical limits of D.C. home rule—and offers a roadmap for how federal power can be projected into U.S. cities under the banner of “public safety.”

Key Indicators

≈2,600
Guard troops deployed in and around D.C.
Deployment extended through end of 2026 by Army Secretary memo, maintaining force levels from multiple states.[16][18][21]
End of 2026
New deployment end date
Trump administration extended mission past February 2026 via DoD orders, pending litigation outcome.[16][18]
$602M+
Annual deployment cost
National Guard spending exceeds $602 million yearly with no measurable crime impact reported.[27]
Feb 4, 2026
Last D.C. Circuit filing
Docket activity in DC v. Trump (25-5418) shows ongoing appeal but no merits decision yet.[23]

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Debate Arena

Two rounds, two personas, one winner. You set the crossfire.

People Involved

Donald Trump
Donald Trump
President of the United States (Deployment extended through 2026 pending D.C. Circuit appeal)
Brian L. Schwalb
Brian L. Schwalb
Attorney General for the District of Columbia (Lead plaintiff pressing to end the deployment and limit future ones)
Jia M. Cobb
Jia M. Cobb
U.S. District Judge, District of Columbia (Her preliminary injunction is paused while the appeal proceeds)
Abigail Jackson
Abigail Jackson
White House spokesperson (Publicly defending the deployment’s legality)
Pete Hegseth
Pete Hegseth
Secretary of Defense (Named defendant through the Defense Department in the D.C. lawsuit)
Daniel P. Driscoll
Daniel P. Driscoll
Secretary of the Army (Signed memo extending deployment through 2026)

Organizations Involved

U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the District of Columbia Circuit
Federal Appeals Court
Status: Appeal docket active; last filing Feb 4, 2026, no merits ruling

The D.C. Circuit is the appellate gatekeeper for major federal power disputes—and it just froze the order to end the D.C. deployment.

U.S. District Court for the District of Columbia
U.S. District Court for the District of Columbia
Federal Trial Court
Status: Issued the preliminary injunction ordering the deployment to end

The trial court where D.C. first won an order to end the deployment—now paused on appeal.

Office of the Attorney General for the District of Columbia
Office of the Attorney General for the District of Columbia
District Government Agency
Status: Plaintiff challenging the deployment

D.C.’s top legal office is trying to turn the Guard deployment into a hard judicial “no,” not a new normal.

U.S. Department of Defense
U.S. Department of Defense
Federal Agency
Status: Executing extended deployment through 2026 amid litigation

DoD is the machinery behind the deployment—and a key target of D.C.’s statutory arguments.

District of Columbia National Guard
District of Columbia National Guard
National Guard Component
Status: Deployment extended to end-2026; ≈2,600 troops committed

The hometown Guard force caught between D.C. home-rule politics and federal command claims.

Timeline

  1. Last known D.C. Circuit filing in appeal

    Legal

    Docket in DC v. Trump (25-5418) records final filing to date; no merits ruling issued, keeping stay in effect.

  2. Deployment extended through end of 2026

    Force

    Trump administration issues orders extending National Guard presence in D.C. to December 2026, citing ongoing 'law and order' needs.

  3. D.C. Circuit grants stay pending appeal

    Legal

    A three-judge panel keeps the deployment in place while the appeal moves forward, signaling the administration’s argument has traction.

  4. The original deadline to end the deployment passes

    Legal

    The date the district court set for troops to leave comes and goes under the umbrella of appellate relief.

  5. Appeals court grants a short-term administrative stay

    Legal

    The D.C. Circuit temporarily pauses the district court’s order while it weighs a longer stay pending appeal.

  6. Two Guard members ambushed near the White House

    Force

    Two West Virginia Guard members are attacked while patrolling; one later dies, intensifying calls for more troops.

  7. Judge Cobb orders the mission to end

    Legal

    A federal judge issues a preliminary injunction finding D.C. likely to win key statutory claims, but stays her order for 21 days.

  8. D.C. sues to stop the deployment

    Legal

    Attorney General Brian Schwalb files suit, arguing the deployment violates D.C. autonomy and federal limits on troops’ roles.

  9. Trump declares a “crime emergency” and deploys Guard troops

    Force

    Trump orders National Guard forces into Washington, D.C., escalating federal involvement in city security operations.

Scenarios

1

D.C. Circuit Upholds Trump’s Authority, Deployment Becomes the New Normal

Discussed by: The Washington Post; Associated Press

The panel’s language about a “unique power” in the federal district hardens into a merits ruling: the president can mobilize the Guard in D.C. without local sign-off. The deployment continues into 2026, and the bigger fight shifts to limits on what troops can do day-to-day—less about presence, more about policing-like activities.

2

D.C. Wins on the Merits, Court Forces a Drawdown or Local-Consent Rule

Discussed by: District court opinion (Cobb); reporting by AP and PBS NewsHour

D.C. ultimately persuades the appellate court that the statutory framework DOD relied on doesn’t authorize an open-ended “crime deterrence” mission, especially without a request from civil authorities. The result is a court-ordered off-ramp: troops leave, or any future deployment must be narrower, time-limited, and tied to specific legal triggers and documented requests.

3

Supreme Court Takes the Case and Redefines D.C. Home Rule in Security Crises

Discussed by: Legal analysts and court-watch coverage following major D.C. Circuit rulings

If the D.C. Circuit’s final decision is sweeping—or if the case splits from other circuits handling similar city deployments—either side seeks Supreme Court review. The justices use D.C.’s unique constitutional posture to clarify how far Congress-delegated “home rule” goes when a president claims national-security or federal-function justifications for domestic force deployments.

Historical Context

Little Rock Integration Crisis (Federalization of the Arkansas National Guard)

1957-09 to 1957-10

What Happened

After Arkansas officials resisted school integration, President Eisenhower federalized the Arkansas National Guard and sent federal troops to enforce court-ordered desegregation. The episode became a defining example of federal power overriding local control when the White House claims constitutional necessity.

Outcome

Short Term

Federal forces enforced integration despite state resistance.

Long Term

It cemented federal supremacy in rights enforcement—and the political volatility of troops on domestic streets.

Why It's Relevant Today

It shows how “who commands the Guard” can become the whole story when legitimacy collapses locally.

Washington, D.C. Riots After MLK Assassination

1968-04

What Happened

After Martin Luther King Jr. was assassinated, unrest spread through D.C. Federal troops and Guard forces were deployed in large numbers to restore order, leaving lasting scars and political debate about militarized responses in the capital.

Outcome

Short Term

Order was restored, but neighborhoods suffered heavy damage and trauma.

Long Term

D.C. security policy became inseparable from federal control and civil-liberties concerns.

Why It's Relevant Today

It’s a reminder that troop deployments in D.C. don’t fade quietly—they reshape civic life and politics.

2020 Lafayette Square and Federal Force Controversy

2020-06

What Happened

Federal law enforcement cleared protesters near the White House in a globally televised confrontation, reigniting debates about domestic force, executive power, and the line between protection and intimidation in the capital.

Outcome

Short Term

Public backlash, investigations, and intensified scrutiny of federal crowd-control tactics.

Long Term

It normalized the idea that D.C. is the stage where federal power is performed—and contested.

Why It's Relevant Today

The current Guard fight taps the same anxiety: security policy as political theater with constitutional stakes.

11 Sources:
+5
Associated Press The Washington Post Justia (D.D.C. docket reproduction) PBS NewsHour (AP pickup) CBS News The Guardian (Reuters) Task & Purpose Fox News ABC News CourtListener Stars and Stripes