Trump deploys National Guard to Washington DC: Can he legally do that?

However, no president has done so before, said Monica Hopkins, executive director of the ACLU of Washington.

Trump's move

Trump has declared a  “public safety emergency” and deployed 800 National Guard troops in the nation’s capital, also announcing that seize control of Washington’s Metropolitan Police Department.

US President explained his move by saying that the situation of 'complete and total lawlessness', adding that his actions would “rescue our nation’s capital from crime, bloodshed, bedlam and squalor and worse”.

Trump's decision has raised eyebrows, questioning whether he’s permitted by law to do so.

Experts note that the move is legally permitted to federalize the police within certain limits. Under the Home Rule Act of 1973, the president can assume control of the city's police for 48 hours if “special conditions of an emergency nature exist,” requiring the department's use for federal purposes. This control can be extended for up to 30 days during emergencies.

The president can retain control of the department for a longer period if he notifies the chairs and ranking members of the congressional committees that handle legislative matters about DC, which Trump indicated he intends to do.

However, there is a catch in the situation. Most analysts note that there’s there is “no crime emergency” that would justify the president’s actions. Crime in Washington, DC, is at a low. Local data reveal violent crime has decreased in recent years after a crime wave in 2023, which authorities described as a post-pandemic spike.

Moreover, the Department of Justice in January said violent crime was down 35 per cent on the previous year, and had hit a 30-year low.

About the deployment of the National Guard 

Trump is authorised to deploy the National Guard, and it is reminiscent of what he did in Los Angeles back in June during the immigration protests.

The National Guard, a military reserve force within the United States Armed Forces, reports only to the president. Governors have the power to call in the Guard in their states, but the DC mayor needs federal authorisation to do so because of DC’s status without statehood.

This is not the first time the President has called the National Guard to the capital.

In his first term, Trump had deployed the troops in June 2020 to clear Black Lives Matter protesters from Lafayette Park, across from the White House.

Critics slam Trump’s move

Trump’s action has drawn sharp criticism from Democrats and activists. House Minority Leader Hakeem Jeffries said the move aimed to “further the personal and political agenda of a wannabe king.”

Richard Stengel, a former undersecretary of state during the Obama administration, posted on X: “Throughout history, autocrats use a false pretext to impose government control over local law enforcement as a prelude to a more national takeover.” He added, “That’s far more dangerous than the situation he says he is fixing.”

Meanwhile, as Trump made the announcement, demonstrators assembled outside the White House in protest. “There is absolutely no need for the National Guard here,” said 62-year-old retiree Elizabeth Critchley, holding a sign that read ‘DC says freedom not fascism’, to AFP.