A West Virginia court is scheduled to hear arguments in a lawsuit challenging the deployment of the state’s National Guard to patrol the streets of Washington, D.C., as part of President Donald Trump’s campaign to impose a gun ban. Send the army To cities run by Democrats.
Monday afternoon’s hearing is the third in the past three weeks in Charleston on the state’s response to Trump Crime control effortswhich was unleashed A whirlwind of lawsuits Overlapping judicial rulings.
West Virginia is among several states Which sent members of the National Guard starting in August to the nation’s capital. While the state National Guard said its deployment could last until the end of November, it is consulting with the governor’s office and others about the possibility of extending the stay. Official orders were issued last week Extension of publication The Washington, D.C. National Guard is in the city until the end of February.
A civic organization called the West Virginia Citizen’s Action Group says in a lawsuit that Gov. Patrick Morrissey exceeded his authority by deploying up to 300 Guard members to Washington, D.C. Under state law, the group says, a governor may deploy the National Guard out of state only for certain purposes, such as responding to a natural disaster or another state’s emergency request.
Morrissey’s office said the deployment was permitted under federal law.
At a preliminary hearing last month, the civic group said it was harmed by the deployment by being forced to refocus its resources away from its core mission of government accountability and transparency. The state Attorney General’s Office sought to have the case dismissed, saying the group was not harmed and lacked the ability to appeal Morrissey’s decision.
Kanawha County Circuit Judge Richard Lindsay continued the hearing after asking the state’s attorney to determine whether the publication was legal.
After hearing a witness testify for the group of plaintiffs on November 3, Lindsay continued the case again.
While Trump issued an executive order in August declaring a crime emergency in the nation’s capital, the US Department of Justice says violent crimes there are on the verge of occurring. Lowest level in 30 years.
Within a month, more than 2,300 Guard troops from eight states and the region were on patrol under the command of the Army Secretary. Trump also deployed hundreds of federal agents to assist them.
Separately, a federal judge heard arguments on October 24 regarding the District of Columbia’s top prosecutor Brian Schwalb Requested an order that would remove National Guard members from the streets of Washington. U.S. District Judge Gia Cobb, appointed by former President Joe Biden, did not rule from the bench.