Appeals court upholds DC National Guard presence, reversing lower court's halt

 December 5, 2025

Washington, D.C., remains under the watchful eye of the National Guard, thanks to a federal appeals court stepping in to keep the streets secure.

In a nutshell, the U.S. Court of Appeals for the D.C. Circuit has pressed pause on a lower court’s attempt to halt President Donald Trump’s deployment of the D.C. National Guard, ensuring troops stay put while the legal battle over presidential authority rages on, as the Washington Examiner reports.

Let’s rewind to November, when U.S. District Judge Jia Cobb dropped a bombshell ruling, declaring the deployment of out-of-state troops in D.C. likely unlawful. She argued the president lacks unchecked power to use the Guard for crime deterrence. Her order aimed to pull the plug on the deployment by mid-December.

Court Clash Over Presidential Power Unfolds

Enter the appeals court on Thursday, where a three-judge panel -- two Trump appointees and one from the Obama era -- granted a temporary stay. This move halts Judge Cobb’s order, keeping the Guard on duty. It’s a classic clash of judicial perspectives, and the stakes couldn’t be higher.

The appeals court was clear: this isn’t a final verdict. Their order stated it’s merely “to give the court sufficient opportunity to consider the motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion.” Translation: don’t read too much into this yet, but for now, the troops aren’t going anywhere.

Judge Cobb’s original stance was sharp and pointed. “The Court finds that the President has no free-floating Article II power to deploy the [D.C. National Guard] for the deterrence of crime,” she wrote in her Nov. 20 ruling. Historical precedent, she insisted, backs her up—but does it really, when D.C. isn’t just any city?

Tragic Incident Fuels Deployment Debate

Adding fuel to this fire is a heartbreaking incident just over a week before the appeals court’s decision. Two West Virginia National Guardsmen, Sarah Beckstrom and Andrew Wolfe, were shot while on patrol in D.C. Beckstrom tragically lost her life, while Wolfe remains hospitalized, reminding us of the real dangers these troops face.

An Afghan national, Rahmanullah Lakanwal, has been charged with multiple counts, including first-degree murder, in connection with the shooting. He’s pleaded not guilty, but the incident underscores why many believe the Guard’s presence is non-negotiable in a city often plagued by crime spikes.

Now, let’s not forget the unique setup here: unlike state National Guards under gubernatorial control, the D.C. Guard answers directly to the president as commander in chief. That distinction means different rules apply, and it’s at the heart of this legal tug-of-war. Is this presidential overreach, or a necessary safeguard?

Crime Deterrence or Power Grab?

Critics of the deployment, echoing Judge Cobb, argue it’s a stretch of executive authority, especially since the stated goal in D.C. is crime deterrence, not federal operations like immigration enforcement seen in other cities. But let’s be real -- when violent crime haunts the nation’s capital, shouldn’t the commander in chief have tools to act?

The Trump administration isn’t backing down, having scheduled these deployments to run through at least early 2026. That’s a long-term commitment to safety, though skeptics call it a political stunt. Still, with D.C.’s unique status, isn’t long-term planning just prudent governance?

This isn’t about progressive agendas or woke posturing -- it’s about whether the president can protect the capital without jumping through endless bureaucratic hoops. The appeals court’s temporary stay buys time to hash out that question. And frankly, that’s a debate worth having, not silencing.

Guard’s Role Hangs in Balance

For now, the National Guard remains on D.C. streets, pending further rulings from the appeals panel. That’s a small victory for those who see their presence as a bulwark against chaos, even if the legal fight is far from over.

The tragedy of Beckstrom’s death and Wolfe’s injuries looms large over this case, a somber reminder that these troops aren’t just pawns in a political chess game. Their sacrifice demands we get this right -- balancing authority with accountability.

So, as the appeals court deliberates, the nation watches. Will presidential power prevail, or will judicial limits redraw the line? One thing’s certain: in a city as symbolic as D.C., every decision sends a message, and we’d better hope it’s one of strength, not surrender.

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