West Virginia judge to hear case arguing against National Guard members in DC

CHARLESTON, W.Va. (WBOY) — A West Virginia judge will hear a case considering Governor Patrick Morrisey’s authority to send National Guard members to Washington D.C.

After hearing some arguments on Friday, Kanawha County Circuit Court Judge Richard D. Lindsay continued the hearing in the case to Nov. 3, The Associated Press reported.

The lawsuit, which was filed the West Virginia Citizen Action Group and the American Civil Liberities Union of West Virginia back in August, claims that Morrisey exceeded his authority when he deployed 400 National Guard members to Washington to support President Donald Trump’s “Safe and Beautiful Task Force.” The groups argue that, according to state law, the National Guard can only be sent out of state for specific reasons, such as natural disasters.

“The Governor cannot transform our citizen-soldiers into a roving police force available at the whim of federal officials who bypass proper legal channels,” the group’s attorneys, with the ACLU of West Virginia, wrote in a court document.

Morrisey’s office stated the deployment was authorized under federal law, and the attorney general’s office has requested the case be rejected because “the group has not been harmed and lacks standing to challenge the governor’s decision.”

The AP reported earlier this month that all West Virginia National Guard members in D.C. are expected to leave on Nov. 30.

The Associated Press contributed to this report.