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"We stand with the Center for American Progress, not in agreement with every view they hold, but in steadfast support for their rights to voice those views freely and without political retribution."
A diverse coalition of around 150 organizations on Tuesday collectively spoke out against US President Donald Trump's recent attack on the Center for American Progress, a liberal think tank with ties to the Democratic Party establishment.
The Republican president, through one of his lawyers, threatened to sue the center last month over its July report concluding that there was no evidence his deployment of the National Guard in Washington, DC did anything to reduce violent crime.
"Since our nation's founding, the rights to free speech, association, and the press have been the bedrock on which American democracy has thrived," begins the coalition's statement, spearheaded by Nonprofits Together. "We reaffirm, as has each generation before us, our unqualified commitment to the First Amendment and its foundational protections."
"In so doing, we stand in strong solidarity with the Center for American Progress (CAP), a nonpartisan think tank, and its right to publish expert analysis on the impact of the Trump administration's—or any administration's—policies," it continues. "The free exchange of ideas—including ideas that are inconvenient to those in power—is critical for Americans to understand the nature and impact of the actions of their government."
Trump's legal attack on CAP is just "the latest salvo in the administration's ongoing efforts to suppress the speech of organizations that challenge their policies, defend the rule of law, and protect civil rights and vulnerable communities," the coalition noted.
Other authoritarian attacks—as detailed last December in the Free Press report "Chokehold: Donald Trump's War on Free Speech & the Need for Systemic Resistance"—include the White House taking control of the presidential press pool, legal action such as Trump's lawsuit against Rupert Murdoch and the The Wall Street Journal over reporting on the president's ties to deceased sex offender Jeffrey Epstein, and the administration working to deport foreign scholars and journalists who criticize US policy.
First it was law firms, then universities, and now Trump has threatened a research organization in an attempt to silence them.We're proud to join 150+ organizations standing up for @americanprogress.bsky.social and the First Amendment. Read the full statement: nptogether.org/press/cap-st...
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— American Oversight (@weareoversight.bsky.social) September 1, 2026 at 12:14 PM
Stressing that there are often disagreements "even within think tanks," the coalition warned Tuesday that attempting to silence sources of information "degrades our free exchange of ideas, and risks leaving only distortions in the public square."
"This is infinitely more damaging to our democratic ideals when done for purely political purposes," the groups argued. "There are few issues more fundamental to the First Amendment than the right of an independent organization to publish evidence-based analysis of a government policy and how it is or is not working."
"This is not about ideology or partisanship," the organizations continued. "This is true regardless of who is in power, and who is issuing public critiques of that power. We stand with the Center for American Progress, not in agreement with every view they hold, but in steadfast support for their rights to voice those views freely and without political retribution."
The signatories range from environmental, labor, and legal groups to those focused on faith, housing, immigration, LGBTQ+ rights, reproductive freedom, and more. They include the ACLU, Center on Budget and Policy Priorities, Drug Policy Alliance, Economic Policy Institute, Giffords, Greenpeace USA, Human Rights Campaign, Indivisible, National Education Association, Oxfam America, Public Citizen, and Union of Concerned Scientists.
“The free exchange of ideas—including ideas that are inconvenient to those in power—is critical for Americans to understand the nature and impact of the actions of their government.” CAC stands with @americanprogress.bsky.social: nptogether.org/press/cap-st...
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— CAC (@myconstitution.bsky.social) September 1, 2026 at 11:30 AM
CAP was founded in 2003 by John Podesta, who has served in various roles under former Democratic Presidents Bill Clinton, Barack Obama, and Joe Biden. The center's current president, Neera Tanden, has also worked for key party leaders. In response to Trump's threat last month, she emphasized that the think tank "is an independent, nonpartisan research organization, and our work is grounded in rigorous, evidence-based research and analysis."
Blasting the threatened lawsuit as "baseless" and "a transparent attempt to silence us," Tanden pledged that "we will neither cower nor bend in the face of it."
"In America, profound disagreements over public policy are resolved through robust public debate, not through threats or intimidation," she added. "Independent data, evidence, and analysis are essential to that debate. Efforts to silence independent research because its findings are unwelcome by an administration or president should alarm every American."
President Trump's deployment of the National Guard to Washington, DC is designed to normalize something that should never be normal in this country: the use of the military as a domestic police force.
One year ago, President Donald Trump declared a “crime emergency” in Washington, DC, claiming, without evidence, that the city had been “overtaken by violent gangs and bloodthirsty criminals, roving mobs of wild youth, drugged-out maniacs and homeless people.”
In response to this alleged crisis, Trump deployed roughly 800 members of the DC National Guard as well as more than 1,000 National Guard members from several cooperating states “to protect law-abiding citizens from the destructive forces of criminal activity.” A year later, 4,600 troops patrol the city against the wishes of the district’s elected local government.
This deployment violates long-standing American traditions, jeopardizes public safety, and has already cost taxpayers hundreds of millions of dollars—all without any discernible impact on violent crime rates in Washington. Yet Trump wants to keep troops here, and he’s counting on Americans to stop paying attention. We can’t let that happen.
From the beginning, Trump’s claim of a “crime emergency” stood on weak footing. In fact, the murder tally in Washington had declined from 274 in 2023 to 187 in 2024.
The founding generation would immediately have seen the danger in a president trying to normalize the domestic use of troops.
But even if day-to-day crime in Washington had instead been trending upward, that would not have justified the invocation of emergency powers. Such powers are intended for sudden, unforeseen crises—the definition of an emergency—that normal legal frameworks and systems are too slow-moving to address. Urban crime, in contrast, is a foreseeable, ongoing problem that can and should be addressed employing the ordinary tools of government.
Use of the military raises additional concerns. A president deploying troops to police street crime is unprecedented; it violates centuries of American civic tradition and political thought. Americans have long rejected military interference in civilian affairs, and particularly military involvement in law enforcement, because an “army turned inward” can easily become an instrument of tyranny. Domestic deployment of the military is a tool of last resort, to be used only when civilian authorities are overwhelmed.
There are other, more immediate reasons to be wary of domestic military operations. Military personnel, including members of the National Guard, are trained to be soldiers, not police officers. Most National Guard members have little or no training in local criminal law, how to uphold constitutional rights, or how to preserve and collect evidence. Over the past year, there have been disturbing incidents where guard members have improperly detained DC residents and, in at least one documented case, used excessive force.
Trump’s use of the National Guard in Washington has also largely failed to serve its stated purpose. Although there was a narrow reduction in opportunistic property crime over the first six months of the deployment, recent analysis has found little to no impact on violent crime. On the other hand, the deployment has proven to be extraordinarily expensive for taxpayers, with a current cost of over $3 million per day.
Those costs will only accelerate in light of the recently announced $292 million deal to provide National Guard members deployed to Washington with apartment-style housing. In return for these huge sums of money, guard members across DC are spending their days standing idle on street corners and in metro stations—a form of non-activity euphemistically labeled “presence patrols.”
Yet Trump shows no signs of reversing course. To the contrary, he has doubled down. A “summer surge” brought the number of guard forces in DC close to 5,000, and the administration has announced that it intends to keep troops here through January 20, 2029, at an estimated cost of $1.4 billion beyond the money already spent.
The duration of the deployment might be what’s most concerning. No true emergency can be predicted to remain in place for another two-and-a-half years. If there was any doubt before, it’s now clear that the deployment was never meant to be a quick response to an immediate crisis.
It is designed to normalize something that should never be normal in this country: the use of the military as a domestic police force. It would be a small step from National Guard forces assisting in the arrest of people who dip their hands in the reflecting pool to guard members policing protests. And if Trump were to try to illegally block Congress’ certification of the 2028 presidential election—this time using military force, rather than exhorting an angry mob—there would be thousands of troops already arrayed within a short distance of the US Capitol.
It is no small irony that armed troops are patrolling the streets of our nation’s capital in the same summer as the 250th anniversary of the signing of the Declaration of Independence. That document denounces King George III for, among other things, using “among us, in times of peace, Standing Armies without the Consent of our legislatures.” The founding generation would immediately have seen the danger in a president trying to normalize the domestic use of troops.
We must see it, too. The longer the deployment lasts, the less shocking the sight of National Guard forces on nearly every street corner becomes, and the easier it is to view the situation as a new normal. The American people must resist that instinct and demand an end to the deployment.
"Efforts to silence independent research because its findings are unwelcome by an administration or president should alarm every American."
President Donald Trump is threatening to sue a liberal think tank after it published a report last month casting doubt on the purported effectiveness of his deployment of the National Guard in Washington, DC.
The New York Times reported on Friday that Alejandro Brito, one of the president's personal lawyers, sent a letter to the Center for American Progress (CAP) this week demanding that it retract a study it published on July 13, which concluded that there was no evidence the National Guard's presence in the nation's capital did anything to reduce violent crime.
Brito threatened to file a $5 billion defamation lawsuit against CAP if it did not retract the report and offer a personal apology to the president, according to the Times.
CAP president Neera Tanden said the organization was standing by its work and would not back down in the fact of legal threats from the president.
"This threatened lawsuit’s attack on facts and evidence is baseless," said Tanden. "A fundamental protection of the First Amendment is to allow for the publication of facts and analysis that is contrary to the arguments and claims of any administration. A lawsuit is a transparent attempt to silence us."
Tanden added that "efforts to silence independent research because its findings are unwelcome by an administration or president should alarm every American."
CAP's report notes that crime has been declining in major US cities across the country over the last two years, and it finds that declines in Washington, DC over that period were not significantly greater than in cities where there was no National Guard presence.
"Despite multiple tests using multiple data sources, measures, and windows of time," the report concludes, "there is no compelling evidence that these deployments reduced homicides, violent crime, or gun violence."
The report adds that the goal of the deployment was never about fighting crime but rather "a dangerous power grab by the Trump administration."
CAP isn't alone in questioning the effectiveness of Trump's DC National Guard deployment.
Reuters on Wednesday published an investigation finding that National Guard soldiers have been mentioned in just 1.3% of cases brought before the Superior Court of the District of Columbia, which processes nearly all prosecutions in the city.
What's more, the investigation found that National Guard soldiers were mostly deployed to wealthier neighborhoods in the city, where they responded to minor incidents.
After examining court records, Reuters investigators "could find no reference... to soldiers doing any kind of law enforcement in the neighborhoods where about 82% of the city’s 859 murders occurred over the past five years."
Deploying the National Guard in DC is also an expensive endeavor. Sen. Elizabeth Warren (D-Mass.) earlier this month revealed that keeping soldiers deployed in the city is projected to cost taxpayers an extra $1.4 billion through the end of Trump’s term.
Though National Guard troops now outnumber police officers in the capital, Reuters found they’ve been involved in just over 1% of criminal cases in the city, and most of them have been for minor offenses.
It's been about a year since President Donald Trump began his military occupation of Washington, DC. But while costing taxpayers millions of dollars per day, a new investigation reveals that his National Guard deployments have done almost nothing to stop violent crime.
Crime in DC was already at its lowest level in decades when Trump sent in the troops last August, as was the case in many of the cities that came under unprecedented federal occupation.
But while Trump claimed that these soldiers—who can only detain suspects but must call police officers to make arrests—were the only force capable of saving DC from "crime, bloodshed, bedlam, and squalor," a Reuters investigation out Wednesday found that they’ve had a role in responding to only a tiny fraction of criminal cases.
Since their arrival last August, National Guard members have been mentioned in only about 1.3% of the criminal cases filed in the Superior Court of the District of Columbia, which handles nearly all the city's criminal prosecutions.
And though Trump has repeatedly credited his troops with protecting residents from being murdered and mugged, charging documents show that his soldiers "mostly responded to minor incidents in neighborhoods that are wealthier, whiter, and less dangerous than the rest of the capital."
Many of the cases where troops intervened, Reuters found, were to stop offenses like subway fare evasion and shoplifting.
Reuters said it "could find no reference in court records to soldiers doing any kind of law enforcement in the neighborhoods where about 82% of the city’s 859 murders occurred over the past five years."
The investigation describes a pattern of soldiers simply standing around while crimes occurred and waiting for police to arrive. In one instance, police officers arrived to arrest a man stomping on a woman outside a nightclub.
According to one of the officers who responded to the scene, "There was approximately 15 National Guard members in the area on routine patrol who did not take any action.”
In another case, soldiers called emergency services after finding a man who'd been stabbed in an upscale waterfront area. But believing him to have only been intoxicated, they left him lying on the ground without performing emergency measures.
They only realized once the police arrived that he'd been "stabbed so severely his intestines were spilling out." He died two hours later after being brought to the hospital.
The administration has portrayed the mere presence of troops as a "deterrent" against crime. But violent crime in the city has actually risen slightly in the year since they arrived. Data from the Metropolitan Police Department (MPD) shows 1,712 violent crimes in 2026 versus 1,645 at the same point in 2025—a 4% increase.
Meanwhile, the grassroots group Free DC has been documenting hostile encounters between guard troops and city residents. The group has cataloged several instances in which troops have detained people, including those protesting their presence, with what it says was “absolutely no cause.”
"They harass people a lot more than they are actually doing police work,” said the Rev. Norman Nixon, the pastor of the Union Temple Baptist Church, who spoke with Reuters.
DC now has over 4,500 troops patrolling the streets. Despite lacking the ability to perform many ordinary police functions, they now outnumber the city’s police force, and maintaining the National Guard's presence is costing more each day.
According to a report from the nonpartisan Niskanen Center, a deployed Guard member costs around $607 per day, compared with about $384 for an MPD officer. The Trump administration has estimated that keeping the Guard deployed until the end of Trump's term in 2029 will cost about $1.4 billion.
The troops also played a role in the administration’s campaign to remove homeless people from DC and help federal agents dismantle encampments last summer as part of what Trump described as a war against “vagrancy.”
Last year, researcher Hanna Homestead of the National Priorities Project estimated that the deployments, which then cost an estimated $1.1 million per day, was costing four times as much as it would to provide an affordable housing unit for every homeless person in the city, which was pegged at about $257,000 per day.
The Defense Department has since estimated that the cost of the deployments was nearly $1.7 million per day. But that was before the number of troops doubled.
Applying Homestead's methodology today would mean that deploying the National Guard is now nearly 9-10 times as costly as providing housing for the Washington, DC's homeless population, all while providing little apparent benefit to public safety.
"I can think of many other ways that federal resources could have been invested to make the nation’s capital safer," said Clinique Chapman, the CEO of the DC Justice Lab, in a letter to the editor of the Washington Post earlier this summer.
“For what it costs to deploy the Guard in [the] US for just six days,” Chapman said, taxpayers could have instead paid for the annual cost of running trauma recovery centers in each ward to help crime survivors heal and connect them to treatment and support.
For five days of the expenditure, the US could fund a mental health crisis response program like Denver's, which responds to hundreds of calls for service each month and reduces arrests, for one year.
For 41 days of what the National Guard deployment costs, the District could fund a year of living-wage jobs and pay the rent on a one-bedroom unit for every US resident returning home from the Bureau of Prisons.
ACLU-DC executive director Monica Hopkins emphasized that the point of the deployments was never to improve the lives of DC residents or enhance public safety, but a “political prop.”
"The Pentagon’s acknowledgment that the deployment will continue until 2029 confirms what we’ve said all along—there is no real emergency here," she said in a statement to mark the one-year anniversary of the deployment. "As was true one year ago, armed military troops are not needed and are not wanted on our streets."
"Because the nation's capital is not legally recognized as a state, extremist politicians have used DC as a testing ground for anti-democratic orders," she added. "We cannot let military deployment on the streets of the United States become normal or acceptable as a part of daily life here or anywhere else."
We don't need billions of dollars going toward policing our neighbors and Social Schedulingmilitarization of our streets to make our communities safer—we need housing, education, healthcare, and a commitment to climate justice for true national security.
One year ago, the Trump administration brought 800 National Guard troops to occupy the streets of Washington, DC, part of the "Safe and Beautiful Task Force." There are now approximately 5,000 troops from 15 states deployed here, with some officially moved in and set to stay through 2029.
This does not include the alphabet soup of law enforcement agencies swarming our neighborhoods across the city, from Immigration and Customs Enforcement to the FBI, Secret Service, Department of Homeland Security, Drug Enforcement Agency, Park Police, and more.
The National Guard can be found meandering around metro stations, museums, and grocery stores there for mere posture. Despite crime being down before they were deployed here. A new analysis from the Center for American Progress found the Guard deployment has not had a measurable impact on violent crime. They are not even trained in "civilian policing," and are unable to make actual arrests.
“This was never about reducing crime, especially not violent crime,” said Chandler Hall, who wrote the study. “This has been a show of force without any evidence to bear that it’s actually working."
"If my neighbors could experience military protection as something imposed upon them, what did civilians overseas think when American forces arrived in their communities?"
The cost of the Guard is estimated at $3 million a day, with some troops said to make close to $9,000 a month, including salary, lodging, and food per diem. It is hard to track the multi-year total in billions of dollars as the administration is far from transparent with the process.
The wasteful spending from the Department of War is unsurprising. Despite the Pentagon never passing an audit, the Department of War's proposed budget is record-breaking at $1.5 trillion for one year and does not include the recent billions for the Iran war and additional billions to Israel to further the genocide in Gaza and ongoing destruction in Lebanon.
Some of the reasoning for more troops in DC was for the Freedom 250 nationalism events, beginning with a UFC fight, State Fair, and Fourth of July festivities, all of which were disastrous, from cancellations, evacuations, and heat strokes to stage parts falling, nearly killing performers. The millions of dollars that went into these spectacles strained the local community. On July 4, my friend Nicky, a 71-year-old EMT, worked an 18-hour double shift for $27 an hour while constant military flyovers cost over $1.2 million.
Karen Degraphenreid, a veteran of the US Air Force as a Major of 10 years, got involved with Free DC when the military occupation in DC began. She describes her reflections from her time overseas to experiencing the guard takeover here at home.
"Washington is the only place in the country where more than 700,000 American citizens can have troops deployed to their streets by leaders they have no voting representation in choosing. We pay federal taxes, serve in the military, and fulfill every obligation of citizenship, yet Congress can override our local government and impose decisions that fundamentally reshape life in our city. That reality forced me to reconsider what 'protection' actually means," she said.
She continued:
Many of my neighbors never asked for soldiers outside their neighborhoods. Many openly opposed their presence. To them, the deployment did not feel like reassurance. It felt like a federal government exercising power over a city that has long been denied full democratic self-government.
And that realization led me to a question I had never seriously asked during my years in uniform.
If my neighbors could experience military protection as something imposed upon them, what did civilians overseas think when American forces arrived in their communities? When we said we were bringing security and stability, did they experience it as protection? Or did they see armed strangers exercising power over places that belonged to them?
Karen is also a member of Common Defense, which holds trainings for veterans to verbally confront the National Guard. Other veterans are speaking out to encourage their fellows and active-duty members to do the same. Groups like About Face have been welcoming anti-war veterans to become more organized for years, many of whom were deployed in Afghanistan and Iraq, and are actively opposed to the genocide in Gaza and the war on Iran.
At a press conference commemorating one year of the occupation, Luke Filomena, a registered nurse with National Nurses United, expressed the imperialist boomerang we are all witnessing
I’ve seen this administration and every administration prior instead choose to spend hundreds of billions, now trillions of dollars, yearly, to go toward countless amounts of death and destruction through endless imperialist wars overseas and the funding and arming of a genocide in Gaza. I’ve been forced to watch as hospitals filled with patients and fellow healthcare workers, as well as schools filled with children, are indiscriminately bombed in Gaza and in Iran, and as the US blockade of Cuba leaves hospitals without fuel and supplies to power lifesaving medical equipment and provide care for their patients.
"Over the past year, under the Trump regime, we’re now seeing the imperialist boomerang come back, with its sights locked on the Black, brown, and immigrant communities here in DC; those who I see each day at the bedside," Filomena explained.
It's one thing to be aware of connecting the dots, and it's another to act on it. DC has been public about its opposition to the military takeover of the city. When the occupation first launched, we disrupted Vice President JD Vance and Secretary of War Pete Hegseth's photo op at Shake Shack in Union Station. A month later, Trump and almost his entire cabinet went out to dinner at a restaurant near the White House, and we disrupted it, chanting, "Free DC, Free Palestine, Trump is the Hitler of our time." We later drowned out a public appearance by Hegseth, Stephen Miller, and hundreds of National Guard at Malcolm X Park.
Opportunities to confront the administration are rarer than daily encounters with the Guard. The same week budget cuts to Supplemental and Nutrition Assistance Program were being discussed in Congress, I asked a group of troops, who often appear to be aimlessly wandering our neighborhoods in groups of four, if people in their communities would be hit by this. I've asked them if they know their neighbors and what services they could use and be funded versus them being deployed here to hang outside of a convenience store. When the forest fires created thick smoke across DC, I asked why they were here and not putting out the fires.
In these conversations, they almost always nod their head and reach for their pamphlet, telling me and others who confront them to contact their supervisor. They come from states from Mississippi to Michigan, and there have been state-by-state campaigns to get the Guard to go home. Many of them are here voluntarily, not simply "following orders" as we are led to believe.
While we have 800 military bases abroad, the war economy is inescapable for most people within the United States as well. The predatory trap the military-industrial complex has on young people of color or those in poverty means they are heavily recruited to join the various branches of the military. The increased amount of data centers across the country is also making the war economy ever more apparent.
But the state can't use the excuse of job creation anymore. The Climate and Communities Institute shows us that employment at military contractors has plummeted over the past three decades, from an estimated 3.2 million workers during the Reagan military-spending peak in the mid-1980s to 1.1 million workers in 2020. The drop occurred despite Pentagon budgets rising 22% over the same period (not accounting for inflation costs). The alternative is a care economy, a system of paid and unpaid labor, services, and relationships that support human health, well-being, and daily life, that moves away from dirty, violent jobs that rely on weapons manufacturers and the fossil fuel industry.
We cannot normalize troops on our streets. But we must address the roots that cause normalization. We've been taught to salute combat veterans for their service no matter their history; we're used to discounts for military personnel and TV shows and Hollywood movies glorifying lower-level cadets to high-ranking commanders. While militarized superheroes are a common staple in US popular culture, teachers are buying their own school supplies for their classrooms, social workers have overwhelming caseloads, EMTs are working overtime while underpaid, and many veterans are unhoused or waitlisted at the VA.
Washington, DC does not need occupation; it needs fair representation. We don't need billions of dollars going toward policing our neighbors and militarization of our streets to make our communities safer—we need housing, education, healthcare, and a commitment to climate justice for true national security. In the meantime, we have only seen our community grow stronger to protect each other—more trainings, skill sharing, documenting, court support, fundraising, and more. Every day we are supporting each other by radically building community through getting to know our neighbors more deeply in real life.
"The National Guard are not pawns, and taxpayer dollars are not a piggy bank for Trump’s political stunts."
Information provided to Sen. Elizabeth Warren's office revealed that the deployment of the National Guard in Washington, DC is projected to cost taxpayers an extra $1.4 billion through the end of President Donald Trump's term.
As The Washington Post reported on Tuesday, Warren (D-Mass.) obtained the cost estimate for the National Guard deployment from Jules Hurst III, who is Trump’s nominee to become the comptroller for the US Department of Defense.
Hurst's estimate assumes there will be roughly 2,500 National Guard personnel deployed in the city through January 2029, when Trump is constitutionally mandated to leave office.
The estimate imagines a drawdown from the current 4,600 National Guard members deployed in the nation's capital, many of whom were sent to the city to oversee security at the 250th anniversary of the signing of the Declaration of Independence.
In a social media post, Warren slammed the Trump administration for continuing to spend money on deploying the National Guard in the capital while ignoring the economic pain being felt across the country.
"While American families are getting flattened by skyrocketing costs, Donald Trump is spending $1.4 billion to keep troops on the streets in Washington for years on end," wrote Warren. "The National Guard are not pawns, and taxpayer dollars are not a piggy bank for Trump’s political stunts."
Rep. Shontel Brown (D-Ohio) also pointed to the opportunity cost of the service members' deployment.
"Trump says there's no money for healthcare or childcare," wrote Brown, "but he wants to spend billions to have the National Guard roaming around DC."
The Free DC campaign, which was founded last year to oppose the National Guard deployment in the city, warned that the continued presence of military forces was an ominous sign for Trump's future intentions.
"Trump is entrenching his power," the group wrote. "This is what that looks like in real time. It's tempting to call this money 'a waste,' but Trump has a clear reason he wants to spend this money on the National Guard's presence in DC. When January 6 comes around again, this time he'll have an army on call."
Unite for Veterans, an advocacy organization focused on defending the US Department of Veterans Affairs, also condemned Trump's use of the National Guard as a domestic law enforcement group.
"Spending $1.4 billion on a deployment that shouldn't be is not spending taxpayer money wisely or is it serving the military well," the group wrote. "The National Guard should not be policing the streets of America's cities. That is not their purpose. Let's send them home."
The sitting members should consider what kind of legacy they wish to leave for future generations before siding blindly with our most autocratic president in history.
The justices on the Supreme Court should not favor the president who appointed them because checks and balances demand that they uphold the law without passion or prejudice. The current Supreme Court has increasingly shown a pattern of siding with the Trump administration—a result made predictable by the court’s conservative majority. Immigration cases have, with rare exception, aligned along these partisan lines.
On June 27, 2025, the Supreme Court sidestepped the question of birthright citizenship and overruled lower court decisions that sought to protect it. The original plaintiffs filed suit to enjoin the enforcement of the executive order that identifies circumstances in which a person born in the United States is not “subject to the jurisdiction thereof,” thereby restricting the constitutionally guaranteed bestowal of birthright citizenship. The Trump administration petitioned the Supreme Court, which granted review. The plaintiffs argued that the executive order violates the 14th Amendment’s Citizenship Clause, as well as sections 1 and 201 of the Nationality Act of 1940—the constitutional guarantee that birth on US soil confers citizenship.
Before the case reached the Supreme Court, the district court entered universal injunctions barring the application of the executive order to anyone, thereby preserving birthright citizenship, and the appellate court denied the government’s request to postpone the granted relief. In its application to the Supreme Court, the government argued that federal courts lacked equitable authority to issue universal injunctions under the Judiciary Act of 1789, attacking the district court’s authority in order to preserve the president’s propensity to overstep his. The Supreme Court granted the government's application and held that Congress has not granted federal courts authority to universally enjoin the enforcement of an executive order. Reaching all the way back to pre-Revolution English law and the Founding Fathers, the Supreme Court reasoned that no such authority exists. Their reasoning reads as petulant and arbitrary, an invocation of ancient doctrine to narrow modern rights.
On September 8, 2025, the Supreme Court granted an application for stay by the Department of Homeland Security (DHS). The decision states that the Immigration and Nationality Act authorizes immigration officers to interrogate any alien (or person believed to be an alien) as to “his right to be or to remain in the United States.” They also found that they may briefly detain individuals if they have a “reasonable suspicion” that he or she is an alien illegally present in the United States, based on the “totality of the particular circumstances.”
The Supreme Court’s deep bias in favor of Trump administration policies gestures toward a reversal, through immigration cases, of the trenchant progress in civil rights litigation that the Warren Court and subsequent courts have made.
The Supreme Court’s interpretation of the law, however, takes tremendous liberties with the letter of these laws, essentially recognizing ethnicity as a basis for reasonable suspicion. Specifically, the California District Court enjoined immigration officers from making investigative stops based on, among other factors, speaking Spanish or English with an accent, and race or ethnicity. In a nutshell, the lower court forbade immigration enforcement from racially profiling Latine Angelenos. The Supreme Court overruled the lower court, reasoning that, while ethnicity alone cannot furnish reasonable suspicion, it can be a relevant factor when considered along with other salient factors. This argument is internally incoherent and contradictory, suggesting that racial bias is at once insufficient and persuasive evidence. Citing the myriad “significant economic and social problems” caused by “illegal” immigration, the Supreme Court sided with DHS, finding that the government would suffer irreparable injury from the injunction. The relevance of socioeconomic problems to the question of racial profiling and potential excessive force in the execution thereof is tenuous at best.
Justice Sonia Sotomayor wrote the dissenting opinion, in which Justices Elena Kagan and Ketanji Brown Jackson joined. She argued that “we should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job,“ as it would be a loss to our constitutional freedom.
On December 23, 2025, however, the Supreme Court issued an noticeably restrained opinion upholding a lower court’s temporary restraining order (TRO), which barred the deployment of the National Guard in Illinois. The court found that, under the Posse Comitatus Act, the military is prohibited from executing the laws, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress. The decision further stated that, before the president can federalize the guard under 10 USC §12406(3), he must have statutory or constitutional authority to execute the laws with the regular military and must be unable with those forces to perform that function.
The Supreme Court’s deep bias in favor of Trump administration policies gestures toward a reversal, through immigration cases, of the trenchant progress in civil rights litigation that the Warren Court and subsequent courts have made. The sitting members should consider what kind of legacy they wish to leave for future generations before siding blindly with our most autocratic president in history. Political expediency may be convenient in the short term, but history will judge harshly those who twisted our most sacred liberties to the advantage of an advantageous few, rather than standing with the people our Constitution was written to protect.
During his first term, Donald Trump was reportedly dissuaded from invoking the act by former Joint Chiefs of Staff Chairman Gen. Mark Milley and other “grown-ups” in his first administration; this time around, there are no grown-ups in the building.
Donald Trump hasn’t forgotten about the Insurrection Act, and neither should you. In the face of plummeting poll numbers and public outcry over the deaths of Renée Nicole Good and Alex Pretti, Trump may appear to be retreating from his threats to deploy the military to Minneapolis and other blue state cities, but any retreat is likely to prove temporary and tactical rather than a reversal of policy.
Throughout his career, Trump has been guided by the “lessons” he learned as a young real estate hustler from his odious one-time mentor and fixer Roy Cohn: Never retreat, apologize, or admit wrongdoing, and always remain on the offensive. In keeping with Cohn’s teachings, Trump has made threats to invoke the Insurrection Act dating to June 2020, when he vowed to use it to quell mass demonstrations related to the murder of George Floyd. He was reportedly restrained at the time by former Joint Chiefs of Staff Chairman Gen. Mark Milley and other “grown-ups” in his first administration.
This time around, there are no grown-ups in the building.
Since retaking the White House, Trump has doubled down on this threat. On the first day of his second term, he issued a presidential proclamation declaring a state of emergency at the southern border that directed Defense Secretary Pete Hegseth and Homeland Security head Kristi Noem to develop plans, including using the Insurrection Act, to combat the now-familiar fantasy “invasion” of “cartels, criminal gangs, known terrorists, human traffickers, smugglers, and unvetted military-age males from foreign adversaries.” The proclamation laid the groundwork for Trump’s mass-deportation program and for giving US Immigration and Customs Enforcement and the Border Patrol the largest budgets of any police agencies in the country.
Invoking the Insurrection Act would be the biggest gambit of all, likely resulting in a historic showdown before the Supreme Court.
Trump again threatened to invoke the Insurrection Act last June, in response to protests in Los Angeles, and then again in October over demonstrations in Chicago. Although he stopped short in both instances, he has ramped up the rhetoric to new heights in reaction to the growing resistance movement in Minneapolis. Taking to Truth Social on January 15, he warned:
If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State.
Despite removing Border Patrol “commander at large” Greg Bovino from Minneapolis on January 26 in a gesture some observers saw as a modest measure of conciliation, the threats have escalated.
On January 27, Trump received a letter from the House Freedom Caucus, urging him to use ”all tools necessary,” including the Insurrection Act, “to maintain order in the face of unlawful obstructions and assemblages that prevent the enforcement of the laws of the United States.” Bolstered by the endorsement, Trump returned to Truth Social three days later to denounce Pretti as an “Agitator and, perhaps, insurrectionist.” And in another Truth Social screed on January 31, he pledged to “guard, and very powerfully so, any and all Federal Buildings that are being attacked by these highly paid Lunatics, Agitators, and Insurrectionists.” In a veiled reference to Pretti, he added that anyone caught “punching or kicking the headlights of our cars” or throwing bricks or rocks “at our vehicles, or at our Patriot Warriors […] will suffer an equal, or more, consequence.”
Whether Trump ultimately pulls the Insurrection Act trigger may depend on how he applies another of Roy Cohn’s lessons: Use the legal system to crush critics and opponents. Trump’s affinity for litigation is legendary. He has been involved in over 4,000 lawsuits, including several defamation actions taken against major media outlets like the New York Times, ABC, and CBS. In his second term, he has transformed the Department of Justice into his personal law firm, imposing sanctions on liberal law firms and elite universities by executive orders, and launching prosecutions against former FBI Director James Comey, New York Attorney General Letitia James, journalists Don Lemon and Georgia Fort, and scores of rank-and-file anti-ICE protesters across the country. Even when the gambits fail, as they have with Comey and James, they send the chilling message that no one who defies or offends the president is safe.
Invoking the Insurrection Act would be the biggest gambit of all, likely resulting in a historic showdown before the Supreme Court. Trump has enjoyed extraordinary success in his Supreme Court cases, and with three of his nominees on the bench, he has reason to be optimistic about any final confrontation. Still, the outcome of any such move is uncertain.
In December, the court dealt Trump a surprising setback with an interim “shadow-docket” ruling (Trump v. Illinois) that blocked him from deploying National Guard troops in and around Chicago. The ruling was widely praised by liberal legal commentators, who saw it as a hopeful sign that the nation’s highest judicial body was willing to stand up to Trump’s incessant power grabs, at least on the use of the military for domestic law-enforcement purposes.
Unfortunately, the decision was temporary—all interim orders are—and narrow. It was also a split decision, with Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissenting.
At issue in the case was the administration’s interpretation of a vague phrase in a statute that empowers the president to federalize members of the Guard if he is “unable with the regular forces to execute the laws of the United States.” The administration argued the phrase referred to the inability of federal civilian law enforcement to maintain order during protests. The majority ruled instead that the phrase referred to the regular military, and that because Trump had not attempted to deploy the military and shown that it was unable to maintain order, he had not met the statute’s requirements.
As Justice Brett Kavanaugh noted in a concurring opinion, the decision said nothing about the president’s authority to invoke the Insurrection Act. Rather, Kavanaugh suggested, it opened the door for Trump to proceed. “One apparent ramification of the court’s opinion is that it could cause the president to use the US military more than the National Guard to protect federal personnel and property in the United States,” Kavanaugh wrote.
To be sure, any invocation of the Insurrection Act would face legal challenges over whether the country is facing an actual rebellion, and the extent to which the military, if activated, is subject to the same constitutional restraints as civilian law enforcement. The challenges could succeed at the district court level, but from there, all bets would be off. The mad king would no doubt follow the advice of his erstwhile mentor, refuse to retreat, and ask his friends on the Supreme Court to intervene and allow his attacks to continue.
I didn't witness one National Guard soldier help a mother with a stroller or a person walking with a cane. "That's not our job," they said.
I’ve been in Washington, DC for the past week battling the icy and snow piled sidewalks and streets, one week after the big snow and ice storm that immobilized the city for days.
While using the city’s buses and Metros, it was very apparent the most probable danger in DC is falling on sidewalk ice and at unshoveled bus stops.
The National Guard, the group that was brought into the city by President Trump for the soc=-called "protection" of the residents of the city, was doing nothing to protect its residents.
Of the thousands of National Guard personnel sent to Washington, every day at least 15 National Guard personnel in groups of three or four were at various corners around the Eastern Market Metro stop. These young men and women in uniform watched as residents slid, climbed over, and fell through piles of snow and ice.
Never did I see one of the young National Guard soldiers help the mothers with babies in strollers that were pushing through piles of snow to get onto a bus or help a person with a cane or walker.
I introduced myself as a retired US Army Reserve Colonel. I asked if their officers had told them not to help residents, something I would have hoped that each would have done out of uniform as pure courtesy toward others. The polite answer, “No ma’am, but that’s not our job. We are to protect you from criminals.”
Have you apprehended any criminals? “No ma’am, but we are always ready.”
Have you thought to ask if the National Guard could buy some shovels for you to help protect citizens from injury? “Yes, but no one has.”
A total of 2,188 National Guard troops have been assigned to the joint task force in Washington, DC, according to a government update reported by the Associated Press. Of those, there are 949 DC National Guard troops, as well as close to 1,200 troops from several outside states, with West Virginia having deployed 416 guardsmen.
So much for a good use of the National Guard deployment in Washington, DC.
If they're going to stay, I have a simple demand: put down the guns and pick up some shovels.
Veterans in the labor movement have played a frontline role resisting Trump administration attempts to cut government jobs and services and strip federal workers of their collective bargaining rights.
The US is home to 17 million military veterans. About 1.3 million of them currently work in union jobs, with women and people of color making up the fastest-growing cohorts. Veterans are more likely to join a union than non-veterans, according to the AFL-CIO. In half a dozen states, 25% or more of all actively employed veterans belong to unions.
In the heyday of industrial unionism in the decades following World War II, hundreds of thousands of former soldiers could be found on the front lines of labor struggles in auto, steel, meatpacking, electrical equipment manufacturing, mining, trucking, and the telephone industry. Many World War II vets became militant stewards, local union officers, and, in some cases, well-known union reformers in the United Mine Workers and Oil, Chemical and Atomic Workers.
The late labor organizer and author Jane McAlevey argued that the post-war union movement better understood the “strategic value” of veterans than organized labor does today. In her own advice to unions about contract campaign planning, she recommended enlisting former service members whose past “experience with discipline, military formation, and overcoming fear and adversity” could be employed on picket lines and strike committees.
In addition, the high social standing of military veterans in many blue-collar communities can be a valuable PR asset when “bargaining for the public good” or trying to general greater public support for any legislative or political campaign.
The wisdom of that advice has been confirmed repeatedly by the front-line role that veterans in the labor movement have played in resisting Trump administration attempts to cut government jobs and services and strip federal workers of their collective bargaining rights. At agencies like the Department of Veterans Affairs (VA), more than 100,000 former service members have been adversely affected by these right-wing Republican attacks.
In response, the AFL-CIO’s Union Veterans Council brought thousands of protestors to a June 6 rally on the Mall in Washington, DC, where they heard speakers including now retired United Mine Workers President Cecil Roberts, a Vietnam veteran.
"We served our country, and now they’re breaking their promise to take care of us. We can’t accept that.”
With local turnout help from the American Federation of Government Employees (AFGE), National Nurses United, and the Federal Unionist Network (FUN), other anti-Trump activists participated in 225 simultaneous actions around the country, including in red states like Alaska, Alabama, Florida, Georgia, North Carolina, Idaho, Kansas, and Kentucky. Some “watch parties,” organized for real-time viewing of the DC event, were held in local union halls to highlight the labor-vet overlap.
James Jones, a FUN member and Gulf War veteran from Boone, North Carolina, traveled all the way to DC on the 81st anniversary of D-Day because he wanted Congress to understand the importance of VA services to veterans like himself.
Jones now works for the National Park Service and belongs to AFGE. He’s urging all his friends who are vets, fellow VA patients, and federal workers to start “going to rallies, and join these groups that are really fighting back. The government needs to keep the promise it made to veterans. We served our country, and now they’re breaking their promise to take care of us. We can’t accept that.”
Private-sector union activists have also been rallying their fellow veterans, inside and outside the labor movement.
Communications Workers Local 6215 Executive vice-president David Marshall, a former Marine, has joined rank-and-file lobbying in Washington, DC against Trump’s cuts in VA staffing and services, calling them “a betrayal of a promise to care for us.”
Marshall is a member of Common Defense, the progressive veterans’ group. Common Defense’s “VA Not for Sale” campaign is fighting the privatization of veterans’ healthcare, which many fear will destroy what Marshall calls the “sense of community and solidarity” that VA patients experience when they get in-house treatment, as opposed to the costly and less effective out-sourced care favored by President Trump. “Regular hospitals don’t understand PTSD or anything else about conditions specifically related to military service,” he says.
An AT&T technician in Dallas, Marshall was also a fiery and effective speaker at that city’s big “No Kings Day” rally last June, when he explained why he and other veterans in labor are opposing MAGA extremism, political and state violence, and related threats to democracy.
“We’ve seen peaceful protestors met with riot gear, and we’ve heard the threats to deploy active-duty Marines against American citizens,” he told a crowd of 10,000. “Let me be clear: Using the military to silence dissent is not strength; it’s tyranny. And no one knows that better than those who have worn the uniform.”
Marshall is a third-generation union member born and raised in southern West Virginia. His father and grandfather were coal miners; his grandmother Molly Marshall was active in the Black Lung Association that helped propel disabled World War II veteran Arnold Miller into the presidency of the UMW in 1972. During his own 25-year career as a CWA member, Marshall has served on his union’s safety committee, as a delegate to the national convention, and now as an officer of his local.
Marshall belongs to CWA’s Minority Caucus, the Coalition of Black Trade Unionists, and the NAACP. Along with Britni Cuington, a Local 6215 steward and Air Force vet, he attended a founding meeting of Common Defense’s Black Veterans Caucus at the Highlander Center in Tennessee.
“We have to stay in lock-step with them and show everyone following the Constitution that we have their back.”
Both Marshall and Cuington have since lobbied against the redistricting scheme concocted by Texas Republicans to secure more House seats in the 2026 midterm elections. Testifying at a public hearing on behalf of the Texas AFL-CIO, Cuington pointed out that “minority veterans already face barriers to access to the services, benefits, and economic opportunities we have earned.” She condemned the state’s new districts as racial gerrymandering in disguise that will disenfranchise “veteran heavy, working class neighborhoods.”
In his role as a CWA organizer, Marshall has signed up 30 Common Defense field organizers around the country—almost all fellow vets—as new members of his local. He’s now helping them negotiate their first staff union contract. In addition, Marshall encourages former service members in other bargaining units to participate in the union’s Veterans for Social Change program, which has done joint Veterans Organizing Institute training with CWA.
One fellow leader of that network is Keturah Johnson, a speaker at the 2024 Labor Notes conference. After her military service, she got a job at Piedmont Airlines in 2013 as a ramp agent, and then became a flight attendant. A decade later, she became the first queer woman of color and combat veteran to serve as international vice president of the 50,000-member Association of Flight Attendants-CWA.
One CWA member, 24-year-old Andrew Wolfe, a Frontier lineman in Martinsburg, West Virginia, was seriously wounded in late November after being sent as part of the National Guard deployment to Washington, DC. A fellow Guard member was killed. (Their assailant was a mentally ill, CIA-trained former death squad member from Afghanistan, relocated to the US after the collapse of the US-backed government there in 2021.)
According to Marshall, “it’s shameful that they were ever put in that position”—by a Republican governor going along with Trump’s federalization of guard units for domestic policing purposes. “It’s all political theater,” he says. “They were just props, just standing around, with no real mission.”
Along with Common Defense, Marshall praises the six fellow veterans in Congress whose recent video statement reminding active duty service members of their “duty not to follow illegal orders” led President Trump to call them “traitors” guilty of “seditious behavior, punishable by death.”
“We have to stay in lock-step with them and show everyone following the Constitution that we have their back,” Marshall says.
This piece was first published by Labor Notes.