Unique structure of Washington, DC, gives president broader command of National Guard

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President Donald Trump on Monday announced in an executive order that he would place the Washington police department under federal control and deploy 800 members of the National Guard, saying “We’re going to take our capital back” and get “rid of the slums.”

This unprecedented use of military forces for routine crime patrol raises complex constitutional questions about federal authority over the nation’s capital. While D.C.’s unique federal relationship grants the president broad powers, deploying the National Guard for street patrol would mark uncharted legal territory with significant implications for civil liberties and federal-local governance.

Attorney General Pam Bondi will take control of Washington’s metro police department, Trump said.

In a press conference Monday, Washington Mayor Muriel Bowser said she would follow the law regarding Trump’s move.

“While this action today is unsettling and unprecedented, I can’t say that given some of the rhetoric of the past, that we’re totally surprised,” the Democrat Bowser said.

D.C. Attorney General Brian Schwalb responded to Trump’s announcement, calling the move “unprecedented, unnecessary and unlawful,” and asserted that “there is no crime emergency.” He said his office was considering all options, including challenging Trump’s move in court.

Washington operates under a unique command structure that distinguishes it from all U.S. states. In every state, the governor commands the National Guard, but in D.C., the president serves as commander-in-chief of the D.C. National Guard [1]. This means there is no governor to object or refuse presidential orders regarding Guard deployment.

This direct authority allows the president to activate and deploy the D.C. National Guard on his sole authority, without needing permission from local mayoral officials [2]. For National Guard units in states, federal use requires “federalizing” the Guard — moving command from the governor to the president. In D.C., the president already holds this authority [1].

How is the National Guard activated?

The National Guard can be activated under three primary frameworks:

• State active duty: Used by governors (or president in D.C.) for localized emergencies such as disasters, protests and public order issues [3].
• Title 32: Federally funded operations where the governor (or president in D.C.) retains command. Typically used for domestic issues like natural disasters [3].
• Title 10: Fully federalized status where the president takes complete command for national emergencies, war or insurrection — Guard members become federal troops [4].

Under state control (or D.C. presidential command), the Guard can enforce local law, support police or provide disaster relief [1]. When federalized, their mission becomes national security and law enforcement, though the Posse Comitatus Act limits federal military involvement in civilian law enforcement. However, the Guard in state status is exempt from this restriction [3].

Common National Guard deployments

The National Guard is most activated for several major situations:

• Natural disasters: Including hurricanes, wildfires, floods, tornadoes, earthquakes and severe weather events. Recent examples include mobilization after the Maui wildfires in 2023 and major hurricanes in the southeastern U.S. [5].
• Civil unrest and protests: Governors or the president can deploy the Guard during widespread unrest, large-scale protests, riots or violent demonstrations. Notable examples include the George Floyd protests in 2020, the Los Angeles riots in 1992, and the Kent State protests in 1970 [6].
• Public health emergencies: During the COVID-19 pandemic, tens of thousands of Guard members were mobilized for distributing supplies, supporting testing centers and assisting with vaccination drives [5].
• Support to law enforcement: The Guard may assist law enforcement in protecting federal buildings, officials or critical infrastructure when local resources are overwhelmed or federal interests are threatened [7].
• Terrorist attacks or security threats: The Guard can assist following terrorist incidents or when there is a credible threat to public safety or national security [8].
• Assisting overwhelmed public systems: The Guard has helped when civilian institutions face major staffing shortages, such as substituting for teachers or hospital workers during crises [5].

Legality of activation without state consent

The president is authorized to federalize the National Guard without state consent under specific circumstances outlined in federal law, primarily the Insurrection Act (10 U.S.C. §§ 252-253) and 10 U.S.C. § 12406:

• To enforce federal law: When unlawful obstructions, rebellion or civil disturbances make it impracticable to enforce federal laws through normal means [9].
• To suppress insurrection or rebellion: If there is rebellion or threat against U.S. authority [10].
• To protect constitutional rights: When insurrection or domestic violence denies people their constitutional rights and the state cannot or will not protect them [9].
• When regular forces are insufficient: To execute federal laws, repel invasion or suppress rebellion when normal enforcement mechanisms fail [10].

These powers are not open-ended; they are tied to situations involving failure to enforce federal law, insurrection, or deprivation of civil rights where the state fails to act.

Recent DC deployments and current situation

The D.C. National Guard has been deployed for various situations, including the Jan. 6, 2021 U.S. Capitol riot to restore order [11]. Throughout U.S. history, the Guard has been deployed for natural disasters, civil disturbances and Homeland Security emergencies, and has supported overwhelmed hospitals during COVID, guarded city infrastructure and helped at the U.S.-Mexico border [12].

Though Trump claims D.C. is experiencing “out-of-control” crime and homelessness, reports suggest violent crime rates in D.C. have dropped to historic lows in recent years [13]. Recent high-profile attacks have brought renewed attention, but local officials, including Bowser dispute the narrative of a crisis [14].

Bowser questioned the use of the Guard on Sunday, saying “I just think that’s not the most efficient use of our Guard,” while acknowledging it is “the president’s call how to deploy the Guard.”

Political dimensions of the DC focus

Trump’s focus on Washington carries significant political implications. Several factors contribute to his emphasis on the nation’s capital:

• Symbolic importance: D.C. as the nation’s capital makes federal interest in maintaining order highly visible and enables Trump to demonstrate law-and-order leadership to a national audience [15].
• Political opposition: Trump’s focus is influenced partly because D.C. is led by Democrats, specifically Bowser, who has openly pushed back against his portrayal of the city’s crime situation [16].
• Federal control strategy: Trump’s authority allows him to bypass local Democratic leaders and deploy the Guard unilaterally, a power unique to D.C. This federal control, combined with the city’s symbolic importance, makes D.C. a strategic location for asserting federal supremacy over local Democratic policies [17].

Broader pattern of political deployments

Trump’s National Guard deployments have served as political statements opposing local Democratic leadership. For example, his deployment of troops to Los Angeles this year amid immigration protests was made despite explicit objections from California Gov. Gavin Newsom, a Democrat. Analysts described this move as “deliberately provocative,” aimed at escalating tensions and signaling federal assertion against Democratic-led state governments [18].

These deployments function both as security operations and political tactics to:

• Undermine local policies by framing local leadership as lenient or ineffective
• Reaffirm Trump’s law-and-order agenda through strong federal intervention
• Challenge local Democratic officials’ approaches publicly
• Pressure local leaders through federal force [19]

What is the situation regarding DC crime?

Crime in Washington has significantly decreased over the past two years, reversing earlier spikes in violence and property crime. As of August, city statistics and independent analyses show that:

• Violent crime dropped by 26% year-over-year from 2024 to 2025, and saw a dramatic 35% reduction in 2024 compared with 2023 — the lowest rates in over 30 years.[20,21,22]
• Homicides fell 12% this year (from 112 to 99), following a 32% decrease in 2024 from the previous year.[23,24]
• Robbery declined 28%, assaults with dangerous weapons dropped 20% and cases of sexual abuse nearly halved.[20,21]
• Property crimes (burglary, theft, auto theft) and carjackings also fell sharply; carjackings in July were down 87% compared with July 2023.[23,24]

Sources

[1] https://www.usamm.com/blogs/news/who-controls-the-national-guard-when

[2] https://dc.ng.mil/About-Us/

[3] https://api.mdsoar.org/server/api/core/bitstreams/55a6fb98-67d9-499c-a6e4-a52321f02205/content

[4] https://ec.militarytimes.com/guard-reserve-handbook/activation-deployment/types-of-activation/

[5] https://www.cfr.org/backgrounder/what-does-us-national-guard-do

[6] https://www.britannica.com/topic/When-Has-the-US-National-Guard-Been-Deployed

[7] https://www.brennancenter.org/our-work/analysis-opinion/presidents-power-call-out-national-guard-not-blank-check

[8] https://www.nytimes.com/2025/06/08/us/national-guard.html

[9] https://www.dynamisllp.com/knowledge/trump-military-deployment-analysis

[10] https://www.brennancenter.org/our-work/analysis-opinion/unpacking-trumps-order-authorizing-domestic-deployment-military

[11] https://www.reuters.com/world/us/trump-vows-evict-homeless-washington-official-says-national-guard-may-be-2025-08-10/

[12] https://www.usmcu.edu/Outreach/Marine-Corps-University-Press/MCU-Journal/JAMS-vol-13-no-1/Implications-from-the-Guards-Extensive-Use/

[13] https://www.bbc.com/news/articles/c1kzz4m3ll1o

[14] https://www.cnbc.com/2025/08/10/trump-crime-washington-dc-border-.html

[15] https://www.nytimes.com/2025/08/11/us/politics/trump-national-guard-washington-dc.html

[16] https://www.foxnews.com/politics/trump-threatening-federalize-dc-national-guard-more-heres-how-could-play-out

[17] https://www.politico.com/news/2025/08/08/disproportionate-and-extreme-dc-officials-protest-trumps-policing-incursion-00500931

[18] https://www.cnn.com/2025/06/08/us/national-guard-trump-history-los-angeles

[19] https://thehill.com/newsletters/morning-report/5445784-morning-report-trump-puts-dc-on-high-alert/

[20] https://www.newsweek.com/donald-trump-washington-dc-crime-data-2111635

[21] https://www.forbes.com/sites/tylerroush/2025/08/09/trump-announces-white-house-press-conference-to-stop-violent-crime-in-washington-dc-despite-historically-low-rates/

[22] https://www.axios.com/local/washington-dc/2025/08/07/trump-federal-crackdown-dc-crime-rate-falling

[23] https://mpdc.dc.gov/dailycrime

[24] https://jasher.substack.com/p/assessing-dcs-violent-crime-trends