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Question of West Virginia Guard’s deployment to D.C. is focus in court again – WV MetroNews

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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.

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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.

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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.”

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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.”

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Nonprofit sues the federal government over plans to paint Lincoln Memorial Reflecting Pool blue

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Nonprofit sues the federal government over plans to paint Lincoln Memorial Reflecting Pool blue


With a blue sky above the Lincoln Memorial, people walk along the reflection pool in Washington, D.C., on June 9, 2023.

Jose Luis Magana/AP


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Jose Luis Magana/AP

A nonprofit is suing the National Park Service, the Department of the Interior and Interior Secretary Doug Burgum over the decision to resurface the Lincoln Memorial Reflecting Pool at Washington D.C.’s National Mall, and to paint the pool’s basin blue.

The suit was filed Monday in U.S. District Court for the District of Columbia by The Cultural Landscape Foundation (TCLF), an education and advocacy organization. In the suit, TCLF is asking a federal judge to halt the project, saying that the Trump administration failed to have the project reviewed federally, as is dictated by the National Historic Preservation Act.

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President Trump revealed his plans for the pool do-over last month in “American flag blue,” saying that the project would take one week and $2 million, and that it would be completed in time for the 250th anniversary of the Declaration of Independence on July 4. A few days later on Truth Social, the president posted a fake image of himself and several of his administration officials in swimsuits, along with an unidentified woman in a gingham bikini, lounging in the water with the Washington National Monument at the rear. (Swimming in the reflecting pool is prohibited by federal law.)

In a YouTube video posted by the White House on April 23, Trump called the pool “filthy dirty” and said it “leaked like a sieve.” In that video, Trump said he was going to call three companies that he has worked with in the past – “all they do is swimming pools” – and say, “Give me a good price.”

The New York Times reported last Friday that the contract for the reflecting pool’s resurfacing was awarded in a $6.9 million no-bid contract to a company called Atlantic Industrial Coatings, which previously has never held any federal contracts.

An employee at the Atlantic Industrial Coatings confirmed in a telephone call on Monday that it has been contracted for this project, but referred all other questions to the Department of the Interior.

The Times reported on Monday that the final cost of the project could be upward of $13 million, per documents it says it has obtained. The Department of the Interior did not confirm the cost of the project, but wrote: “The contract price reflects the effort necessary to expedite the timeline of completing the leak prevention coating project—more people, more materials, more equipment and longer hours ahead of our 250th.”

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In an unsigned statement emailed to NPR Monday afternoon, the Interior Department wrote: “The National Park Service chose the best company to expedite the repair of the iconic Reflecting Pool ahead of our 250 celebrations. The choice of American Flag Blue will enhance the visitor experience by making the pool reflect the grand Lincoln Memorial and Washington Monument. NPS is also investing in a state-of-the-art ozone nanobubbler filtration system and will now have a dedicated crew who will maintain the grounds’ from wildlife. The Department is proud of the work being carried out by our Park Service to ensure this magical spot can be enjoyed for not only our 250th, but for many generations to come.”

Critics of the project, including TCLF, don’t share that vision – and are taking particular umbrage at the color.

“The reflecting pool should not be viewed in isolation; it is part of the larger ensemble of designed landscapes that comprise the National Mall,” Charles A. Birnbaum, the president and CEO of TCLF, said in a statement emailed to NPR Monday. “The design intent, to create a reflective surface that is subordinate, is fundamental to the solemn and hallowed visual and spatial connection between the Washington Monument and the Lincoln Memorial. A blue-tinted basin is more appropriate to a resort or theme park.”

The National Park Service regularly cleans out algae, goose droppings and other detritus from the reflecting pool. The last major renovation of the reflecting pool, which included the installation of a new circulation and filtration system, took place during the Obama administration at a reported cost of $34 million.

Before founding TCLF in 2008, Birnbaum served for 15 years as the coordinator of the Historic Landscape Initiative for the National Park Service.

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TCLF has another open lawsuit against the federal administration: it is one of eight cultural and architecture groups currently suing President Trump and the Kennedy Center board over the planned renovations of the complex, which are planned to start in July.



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K-9 Knox to be honored at ceremony in Washington, D.C. on Monday

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K-9 Knox to be honored at ceremony in Washington, D.C. on Monday


The memorial service will be held at the National Law Enforcement Officers Memorial at 1 p.m.

A brave K-9 hero from the region will be honored at the Annual National Police K9 Memorial Service on Monday afternoon. (Roanoke Police Department)

WASHINGTON D.C. – A brave K-9 hero from the region will be honored at the Annual National Police K9 Memorial Service on Monday afternoon.

K-9 Knox died in the line of duty last year after he was accidentally hit by a police vehicle while pursuing a suspect involved in a stolen vehicle incident. He was a 3-year-old German shepherd and had served as a narcotics detection and patrol apprehension K-9 for the Roanoke Police Department since May 2023.

The memorial service will include a wreath-laying ceremony and will be held at the National Law Enforcement Officers Memorial in Washington, D.C., at 1 p.m. The event will open with a musical performance by Frank Ray, and the guest speaker will be Deputy Jared Hahn of the Miami-Dade Sheriff’s Office K-9 Unit.

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The San Antonio Police Department Blue Line Choir will sing the national anthem, and the Emerald Society Pipes & Drums band will also perform.




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Storm Team4 Forecast: Showers, cool temps to start off the workweek

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Storm Team4 Forecast: Showers, cool temps to start off the workweek


4 things to know about the weather:

  1. Shower chance Monday morning
  2. Cooler Monday
  3. Midweek rain chance
  4. Warmer end to the week

Showers continue to move west with a cold front tonight. There will be a break in the rain overnight, but showers return for the start of the day on Monday. Monday afternoon will be dry, but noticeably cooler.

Sunshine returns Tuesday, but the break in the rain will be short-lived with rain chances on Wednesday

Download the NBC Washington app on iOS and Android to check the weather radar on the go.

QuickCast

TONIGHT:
Showers early
Mostly cloudy
Wind: N 5-10 mph
LOW: Low 50s

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MONDAY:
Morning shower chance
Wind: N 5-10 mph
HIGH: Upper 60s

TUESDAY:
Sunny
Wind: N 5-10 mph
HIGH: Near 70°

WEDNESDAY:
Shower chance
Wind: S 5-10 mph
Gusts at 20 mph
HIGH: Low 70s

SUNRISE: 5:59 a.m.    SUNSET: 8:10 p.m.
AVERAGE HIGH: 75°   AVERAGE LOW: 56°

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.

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