Washington, D.C
Question of West Virginia Guard’s deployment to D.C. is focus in court again – WV MetroNews
A court hearing culminates Monday over whether Gov. Patrick Morrisey is operating within his authority to deploy the West Virginia National Guard to patrol Washington, D.C.
Kanawha Circuit Judge Richard Lindsay heard about two hours of testimony Nov. 3, but delayed making a final ruling until another hearing that he set for 2 p.m. this Monday. The judge already heard about an hour of testimony Oct. 24.
On August 11, President Donald Trump declared a “crime emergency” for the District of Columbia, and five days later Gov. Patrick Morrisey deployed members of the West Virginia National Guard for support.
The governor’s original announcement noted that the mission would be funded at the federal level. That’s a Title 32 order, typically for natural disasters, where the National Guard remains under the control of the state’s governor but receives pay and benefits from the federal government for federal missions.
The 300 to 400 members of the West Virginia National Guard who have been deployed to Washington, D.C., have been operating under Joint Task Force-DC, which says the mission will continue “until law and order is restored.”
The West Virginia National Guard deployment remains active and could be in effect through early next year.
The court case in Kanawha County has challenged the governor’s power to deploy the West Virginia National Guard to the streets of America’s capital.
Similar questions have arisen recently in other courts. A circuit judge in Tennessee is considering the legal basis of Gov. Bill Lee deployment of the Tennessee National Guard as part of the Memphis Safe Task Force.
And a federal judge has been considering legal questions about the extent to which President Donald Trump can use the National Guard to execute his agenda in the District of Columbia. U.S. District Judge Jia M. Cobb said late last month that she would take time to consider the arguments before making a ruling.
In West Virginia law, one key provision outlines the authority of the governor to order the organized militia to active state service, including the ability to order the militia to serve outside the state for training, parades or other duties.
Another describes the governor’s powers to call out the West Virginia National Guard “into the active service of the state” in events like war, insurrection, riot, invasion or public disaster.
ACLU-West Virginia filed the lawsuit on behalf of West Virginia Citizen Action Group. Lawyers for the state Attorney General are defending the governor’s decision to deploy the Guard.
“The deployment of the West Virginia National Guard to Washington, D.C., is not a mere technical violation of arcane statutory provisions,” ACLU legal director Aubrey Sparks wrote in the latest filing.
“The facially unlawful use of military power outside of our state borders, involving the compelled participation of citizen soldiers, is a direct and flagrant attack on the democratic systems that West Virginia citizens, courts, and elected officials have zealously protected for 162 years.”
Lawyers for the state, represented by the Attorney General’s Office, countered that layers of federal law, including the Constitution, give the president the power to request the National Guard and the governor the authority to grant it.
Those lawyers contend that the National Guard is on a support mission, rather than engaging in law enforcement duties.
“In fact, neither the D.C. National Guard nor out-of-District National Guard members are making arrests or engaging in direct law enforcement activity,” wrote Christopher Etheredge, chief deputy attorney general.
“Instead, the D.C. National Guard, augmented by the WV National Guard, are conducting deterrence operations with a focus on presence and visibility.”
Washington, D.C
Storm Team4 forecast, Enjoy a pleasant start to the week with temperatures in the 70s
4 things to know about the weather:
- “May” not “March” for now
- Next rain late Wednesday, Thursday
- Back to average by Friday
- Much colder next Week
The warmer weather we’ve waited months for will be with us for only three more days before the March Lion starts to roar again.
Monday and Tuesday will be the best days of the week by far. Sunny skies and temperatures running 20-25° above average. Plan for highs reaching the low 70s Monday and near 80° on Tuesday.
A series of cold fronts later in the week will send temperatures back to average 54° by the end of the week and then well below average for most of next week.
Clouds will return by Wednesday morning and rain chances will arrive no later than sunset. Wednesday will still be close to 80° and have our first taste of humidity in a while. Rain is likely from Wednesday evening through noon on Thursday as our first cold front arrives.
Thursday’s highs, likely near 70°, will occur before sunrise but gusty northwest winds will have temperatures falling steadily throughout the day. Expect temperatures in the 50s, rain for the morning commute and 40s with rain ending for the ride home.
Download the NBC Washington app on iOS and Android to check the weather radar on the go.
Warm streak won’t last long
The good news is that Friday and the upcoming weekend look dry. Highs will be back in the mid-50s for Friday and Saturday but Sunday should get back into the mid-60s.
Another cold front will arrive early next week leading to temperatures running 10-15° below average. It’s also not entirely out of the question that there could be a wet snowflake or two on St. Patrick’s Day.
The return of the cold air next week will keep the cherry trees at bay so the odds of peak bloom occurring in March, like it has the last five to six years in a row, are looking slim at best.
QuickCast
MONDAY:
Mostly Sunny
Nice And Warm
Light Breeze
Wind: Southwest 5-10 mph
Chance of Rain: 0%
HIGHS: 68° to 74°
MONDAY NIGHT:
Clear Skies
Remaining Mild
Patchy Areas Of Fog
Wind: Variable 5 mph
Chance Of Rain: 0%
LOWS: 46° to 52°
TUESDAY:
Mostly Sunny
Near Record Warmth
Light Breeze
Wind: Southwest 5-10 mph
Chance of Rain: 0%
HIGHS: 76° to 82°
WEDNESDAY:
Breezy, Warm And Humid
Increasing Clouds
Showers By Evening
Wind: Southwest 10-25mph
Chance of Rain: 40%
HIGHS: 75° to 80°
THURSDAY:
Cloudy, Windy, Much Colder
Rain Likely Before 2pm
Falling Temperatures
Wind: Northwest 20-35 mph
Chance of Rain: 80%
HIGHS: 65° to 45°
Sunrise: 7:29 Sunset: 7:09
Average High: 54° Average Low: 37°
Stay with Storm Team4 for the latest forecast. Download the NBC Washington app on iOS and Android to get severe weather alerts on your phone.
4 things to know about the weather:
- Feeling more like spring and summer over the next 72 hours.
- Monday and Tuesday will feature plenty of sunshine.
- Almost humid and definitely warm with strong storms possible on Wednesday.
- Rain with falling temperatures and windchill in the low 40s on Thursday.
Happy daylight saving! Today was this year’s first sunset after 7 p.m. — 7:08 p.m. to be exact.
For the rest of the evening, expect clear skies, although there could be an isolated shower, especially south and east of the D.C. area.
Monday will be a beautiful day with temperatures in the upper 60s and lower 70s with plenty of sunshine.
Tuesday will get to around 80°. That could break a record of 79° sit back in 2016. Expect sunshine and dry conditions
By Wednesday, there is a possibility for severe storms in the afternoon and evening, but temperatures will once again approach 80°. Heavy rain and winds are the main thing to watch out for.
A pretty strong cold front will push through the area Thursday morning. That will bring some steady moderate rain to our area on Thursday. Temperatures will only be in the 50s, but the average high temperature for this time of year is also in the 50s, so this is actually closer to normal.
Download the NBC Washington app on iOS and Android to check the weather radar on the go.
QuickCast
SUNDAY NIGHT
Mostly clear skies
Temps: 60s and 50s
MONDAY
Sunny
HIGHS: Lower 70s
TUESDAY
Partly Sunny
HIGHS: Near 80°
WEDNESDAY
Afternoon and evening storms
HIGHS: Near 80°
THURSDAY
HIGHS: Near 50°
Stay with Storm Team4 for the latest forecast. Download the NBC Washington app on iOS and Android to get severe weather alerts on your phone.
Four years ago, high school senior Aaron O’Brien wouldn’t believe he’d be studying chemistry now. Thanks to the Upward Bound program, that’s not hard to believe anymore.
“Before I came into the program, whew I don’t know who that man was,” O’Brien said.
Through free tutoring, test prep and college visits weekly, Upward Bound has helped millions of students like O’Brien, who attends McKinley Tech High School, pursue higher education.
The program is coordinated by colleges like George Washington University.
“The program has really expanded my vision for the future,” O’Brien said.
He joined Upward Bound as a freshman in high school.
“I never imagined I would be in these spaces and be able to network with so many different people,” he said.
“Upward Bound is basically a family,” said Layla Leiva, a senior at DC International School.
“A lot of us are first generation or low income. My parents do not know what the common app is, or standardized testing, and being able to have students that I can relate to meant the world for me,” she said.
Upward Bound falls under a series of federal TRIO programs funded by the Department of Education. Several programs in the series help veterans, students with disabilities, limited English and those facing foster care and homelessness.
Amid the Trump administration’s overhaul of Diversity, Equity and Inclusion (D.E.I.), however, TRIO program funding was slashed because words related to the inclusionary policies were mentioned in its grant applications.
Last fall, a group that advocates for TRIO sued the Department for over $40 million in slashed grants.
Last June, Secretary of Education Linda McMahon testified at a Senate budget hearing, saying that TRIO didn’t give her apartment enough oversight.
“I just think that we aren’t able to see the effectiveness across the board that we would normally look to see with our federal spending,” McMahon said at the hearing.
When funding froze, George Washington University paused most of its programing and cut nearly all its staff.
“It was a staff of just me, I was still working with my seniors,” said George Washington’s Upward Bound director, Darrell Thornton.
After growing up in a similar program, Thornton says he wanted to give back.
“I knew I wanted to be that educator that made a difference,” he said.
Earlier this year, a federal judge temporarily blocked the Trump administration’s cuts, restoring funding for the program.
“It kind of felt like I was cut off from my family for a little bit. When we got back, it was like thank God,” Kevin Williams, a junior at Ron Brown Preparatory College High School said.
The university was also able to bring its staff back.
“I’m so relieved to find out this program finally has funding and that this program will continue to support students in the way that it did for me,” Leiva said.
News4 reached out to the Department of Education, but have not heard back.
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