Where the Trump admin's court fight over National Guard in DC stands in wake of shooting

President Donald Trump orders 500 additional National Guard members to Washington, D.C., after two soldiers were shot near the White House in a targeted attack.

The Trump administration is fighting with Washington, D.C., over whether it is legally allowed to deploy hundreds of National Guard members in the nation's capital.  (Alex Wroblewski/Bloomberg via Getty Images)

The court fight comes as two members of the West Virginia National Guard were shot Wednesday afternoon near the White House. U.S. Attorney Jeanine Pirro said the suspect, an Afghan national named Rahmanullah Lakanwal who once assisted the CIA overseas, will face at least one charge of first-degree murder.

Lakanwal allegedly ambushed Sarah Beckstrom, 20, and Andrew Wolfe, 24, in a targeted attack that President Donald Trump described as an "act of terror." Beckstrom died of her injuries, while Wolfe remained in critical condition Friday, authorities said.

In response to the incident, Trump said he ordered another 500 National Guard members to be deployed to Washington.

President Donald Trump said he plans to mobilize 500 more National Guard members in Washington, D.C. (Brendan Smialowski/AFP/Getty Images)

Lawyers have argued on behalf of Washington that the Trump administration encroached on the District's sovereignty by creating a "federal military police force" out of what amounted to more than 2,000 D.C. and out-of-state National Guard members. The lawyers said that Washington leaders opposed the presence of the troops and that it "inflamed tensions" and diverted resources from the local police department. 

They said the out-of-state National Guard forces particularly were problematic because states cannot interfere with the District, which is governed by a unique set of federal statutes.

DOJ attorneys countered that the deployment was "plainly lawful" and said the troops were not engaging in arrests or searches, but rather in deterrence by simply patrolling areas undermanned by police and making temporary detentions as needed.

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"The results speak for themselves," the attorneys wrote. "The deployment has been a part of a broader federal-local effort between federal agencies and the D.C. Mayor’s office to safeguard the public from violent crime. The success of that coordination is undeniable."

The Trump administration also has attempted to deploy National Guard members in Illinois and Portland but state and local leaders resisted, leading to lawsuits, including one that is now pending before the Supreme Court.

Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.

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