Judges with the D.C. Circuit of the U.S. Court of Appeals decided Thursday that National Guard troops can remain in Washington, D.C. beyond Dec. 11. That was a date set by a lower court judge for troops to leave, following a lawsuit from D.C. Attorney General Brian Schwalb.
The court noted the ruling was only to give it more time to make an additional ruling on the merits of the case, but this decision does not relate to a final ruling.
West Virginia Attorney General JB McCuskey supported keeping National Guard troops in Washington by joining 23 other states in an amicus, or friend of the court, brief.
The brief says, in part, “For the last few years, however, crime in D.C. has surged — putting that safety in serious jeopardy. Rampant carjackings, robberies, murders and overall violence have impeded the operations of government and endangered the lives of civilians and government employees alike.
“Four months ago, President Trump acted swiftly and effectively. Using his constitutional and statutory authority, President Trump deployed the National Guard to safeguard the City. This mission has already produced strong results, but still more work must be done, and danger still lingers. Just last week, an Afghani national committed a heinous terror attack, shooting two National Guardsmen at close range and murdering one.”
Specialist Sarah Beckstrom and Staff Sergeant Andrew Wolfe were ambushed near the White House on Nov. 26. Beckstrom died the next day. Wolfe is still hospitalized.
At the same time, the West Virginia House Democratic Caucus issued a statement requesting that legislative leaders convene a joint interim oversight hearing during January 2026 interim meetings to examine the circumstances around the deployment.
The request, submitted to House Speaker Roger Hanshaw, Senate President Randy Smith, House Judiciary Chairman J.B. Akers and Senate Judiciary Chairman Tom Willis, calls for a collaborative review by members of both the Judiciary and Veterans Affairs committees from the House and Senate.
“West Virginians deserve transparency and accountability — especially when it comes to decisions involving the safety of our Guard members,” said House Minority Leader Sean Hornbuckle, D-Cabell, speaking on behalf of the House Democratic Caucus. “We must fully understand the legal authority, mission objectives, and risk assessment that led to this deployment.”