A newly filed lawsuit seeks to halt deployment of the West Virginia National Guard to Washington, D.C., arguing that an order by Gov. Patrick Morrisey exceeds his constitutional and statutory authority.
The lawsuit contends that the deployment is an unprecedented political act, not a response to a genuine emergency and violates West Virginia law that outlines specific, limited circumstances for out-of-state Guard deployments.
Morrisey announced last weekend he would send 300 to 400 Guard members to the nation’s capital as part of the Trump administration’s takeover of the city’s law enforcement.
The plaintiffs emphasized that officials representing the District of Columbia’s local government did not request this aid and that crime rates in the city are at a historic low.
The lawsuit was filed in Kanawha County by ACLU-West Virginia, where it was assigned to Judge Richard Lindsay.
West Virginia law governing National Guard deployments was shaped by legal battles following the 1921 Battle of Blair Mountain, where National Guard troops were deployed against U.S. citizens, said Aubrey Sparks, legal director for ACLU-West Virginia.
“The Guard’s services are indispensable to West Virginia, and sending these vital resources out of state to participate in a political stunt by the President is unprecedented, unconscionable, and unlawful,” Sparks said. “Neither state law nor our Constitution permits this deployment.”
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The lawsuit filed on behalf of West Virginia Citizen Action Group argues that the deployment violates established legal boundaries.
“Governor Patrick Morrisey has exceeded his constitutional and statutory authority by ordering West Virginia service members to abandon their families, jobs, and communities to police the streets of our nation’s capital, where violent crime has reached its lowest level in thirty years,” the lawsuit states.
“West Virginia law is clear: The Governor may deploy the National Guard outside our borders only for specific, enumerated purposes — none of which exist here. The Governor cannot transform our citizen-soldiers into a roving police force available at the whim of federal officials who bypass proper legal channels.”
Earlier this month, President Trump and his administration announced a “crime emergency” and a takeover of law enforcement functions in Washington, D.C.
At first, that was limited to deployment of parts of the D.C. National Guard, statutory emergency power to requisition the services of the city’s Metropolitan Police Department and a surge of federal law enforcement to the city’s streets.
On Saturday, Morrisey became the first governor to direct his state’s National Guard to a support role in D.C. West Virginia’s 300 to 400 Guard personnel have now been joined by counterparts from Tennessee, South Carolina, Mississippi, Louisiana and Ohio, all states with Republican majorities.
“West Virginia is proud to stand with President Trump in his effort to restore pride and beauty to our nation’s capital,” Morrisey stated.
“The men and women of our National Guard represent the best of our state, and this mission reflects our shared commitment to a strong and secure America.”
Earlier this week, MetroNews asked the West Virginia National Guard for a copy of the written request from the president for West Virginia’s support — along with a copy of any written response from the State to federal counterparts about the deployment to Washington, D.C.
The Guard responded by replying that at 10 p.m. August 15, the Chief of the National Guard Bureau, General Steven Nordhaus, contacted the Adjutant General of West Virginia, Major General James Seward, with a request from the federal administration for mobilization of forces.
After that, the Adjutant General consulted with the governor who provided consent to the federal request, according to the Guard.
The West Virginia National Guard did not provide any written documentation, citing security concerns: “For operational security, we do not disclose documents that contain information about troop movements and timelines. We prioritize the safety and well-being of our service members and are not authorized to release this information.”
A separate request from MetroNews to up in Washington, D.C. with members of the West Virginia National Guard who have been assigned to duty there was denied by the Joint Task Force – District of Columbia.
“At this time, we are unable to grant on-camera interviews as the service members are focused on the mission to support civil authorities.”