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Who has the power to call the National Guard to Washington DC
Executive summary
The District of Columbia National Guard is legally distinct from state guards: it normally reports to the President rather than a mayor or governor, which has allowed recent presidential-directed deployments in Washington, D.C. (nearly 2,300 troops at one point) to proceed over local objections [1] [2]. At the same time, Pentagon rules and federal statutes limit how and when D.C. Guard forces may be used for domestic law enforcement — with the Secretary of Defense now positioned as a key approval authority for D.C. Guard operations that involve civilian law enforcement [3] [4].
1. Who technically "calls" the D.C. National Guard: a federal chain, not a mayoral one
Because Washington, D.C. is a federal district rather than a state, the District of Columbia National Guard is placed under the authority of the President of the United States rather than the local mayor or a governor — a legal and structural distinction emphasized by official histories and secondary summaries [1] [5]. That federal chain explains why recent deployments in D.C. were initiated and extended by the White House and Defense Department even as D.C. officials objected [6] [7].
2. The Secretary of Defense as the gatekeeper for law‑enforcement missions
After the Jan. 6, 2021, Capitol breach, the Pentagon centralized approval authority so that the Secretary of Defense is “the single approval authority” for requests that would have D.C. National Guard personnel participate directly in civilian law enforcement or require DCNG deployments for such missions [3]. This Pentagon policy change means that, even when the President oversees the DCNG, the Secretary of Defense plays a decisive role when troops would be used for policing tasks [3].
3. How inter-state Guard deployments intersect with governors and federal requests
Outside of D.C., governors control their state National Guard under Title 32 and state law, and federal law (32 U.S.C. § 328, discussed in legal analysis cited by the Brennan Center) recognizes a governor’s power to order Guard troops to duty and to refuse federal requests under certain authorities [4]. Recent reporting shows governors of several states agreed to send units to D.C. at the administration’s request, while others declined — illustrating competing authorities and political choices among state executives [8] [9].
4. Local officials’ legal challenges and competing interpretations
Washington, D.C.’s attorney general has sued to end what he calls an “illegal” and involuntary occupation when federal forces were used in the city, arguing the President lacks unfettered authority to commandeer Guard units for local law enforcement and that the Emergency Management Assistance Compact gives the Mayor, not the President, the right to request out‑of‑state National Guard support [2]. The Trump administration has countered that the President has authority over the D.C. Guard as its designated commander [6]. Multiple states filed briefs on both sides — a sign of legal and political contention [6].
5. Practical limits: Posse Comitatus, Title 10/32 differences, and operational cost
Officials and legal analysts note limits on the federal military’s role in domestic law enforcement under the Posse Comitatus Act and related statutes; when Guard members operate under federal chains of command the restrictions matter more [2] [4]. Reporting also flagged operational realities — for example, deployment size and cost (news accounts cited near 2,400 troops and about $1 million per day) — that shape political debate over prolonged federal missions in the capital [7].
6. Alternative viewpoints and institutional agendas
The administration argues it is exercising lawful authority to protect federal assets and personnel and to address public safety needs in D.C. [9] [7]. D.C. officials and civil‑liberties advocates counter that the President’s control of the DCNG creates a risk of militarizing domestic policing and usurping local control, leading to lawsuits and calls for statutory change to transfer DCNG command to the mayor [2] [10]. Advocacy organizations and legal scholars pushing for mayoral control have an explicit reform agenda: transfer command and control of the DCNG from the President to D.C.’s mayor [10].
7. Bottom line for the question “Who can call the National Guard to Washington, D.C.?”
Available reporting and legal summaries make clear: the District of Columbia National Guard is under presidential authority (so the President and federal defense leadership can effect deployments), but the Secretary of Defense is the formal approval authority for any DCNG use that would involve civilian law enforcement — and state governors retain control over their own Guards and can accept or refuse requests to send troops to the District [1] [3] [4]. Legal disputes and lawsuits filed by D.C. officials show these arrangements are contested and may be subject to judicial review [2] [6].
Limitations: This analysis relies exclusively on the provided reporting and legal commentary; available sources do not mention any subsequent statutory changes or court rulings altering these authorities beyond what is cited here [6] [3] [2].