West Virginia National Guard members can continue to be deployed to the nation’s capital, a judge rules

A judge on Monday allowed the continued deployment of more than 300 West Virginia National Guard members to patrol the streets of Washington, D.C., as part of President Donald Trump’s campaign to send the military into Democratic-run cities.

Kanawha County Circuit Judge Richard D. Lindsay made the ruling after hearing arguments in a lawsuit filed by a civic organization that argued that Republican Gov. Patrick Morrisey exceeded his authority when he authorized the Guard’s deployment in August.

West Virginia is among several states that have sent National Guard members to the nation’s capital. While the state National Guard said its deployment could last until the end of November, it is consulting with the governor’s office and others about the possibility of extending the stay.

Read more: Despite their concern about Trump’s motives, some D.C. residents are uncomfortably supportive of parts of the National Guard deployment

Official orders were issued last week extending the District of Columbia National Guard’s deployment to the city through the end of February.

“We are pleased with the judge’s decision,” Jess Goins, the state’s chief deputy prosecutor, said outside court in Charleston. “The National Guard is not going anywhere. They are staying in D.C. and will not be redeployed to West Virginia.

“The judge made the determination that the governor made a lawful decision to deploy the National Guard to D.C. at the lawful request of the president.”

The West Virginia Citizens Action Group, which filed the lawsuit, said that under state law, a governor can only deploy the National Guard out of state for certain purposes, such as responding to a natural disaster or another state’s emergency request.

The civilian group claimed it was harmed by the troop deployment by being forced to refocus its resources away from government accountability and transparency. The state Attorney General’s Office sought to have the case dismissed, saying the group was not harmed and lacked the ability to appeal Morrissey’s decision.

“It was a simple matter of a broad legal request by the president and a legal publication by the governor. That’s all,” Goins said.

Aubrey Sparks, an attorney for the West Virginia chapter of the American Civil Liberties Union, said she doesn’t think that’s the right decision.

“I think the West Virginia law is clear,” Sparks said. “I think what the state was allowed to do here was circumvent West Virginia law just because Trump asked them to. And that’s not how the law works. And we remain deeply concerned about that.”

Trump issued an executive order in August declaring a crime emergency in the nation’s capital, even though the Justice Department itself says violent crime there is at a 30-year low.

Within a month, more than 2,300 Guard troops from eight states and the District of Columbia were on patrol under the command of the Secretary of the Army. Trump also deployed hundreds of federal agents to assist them.