Could National Guard members deployed to DC be sued?
There are worries that military personnel may face criminal and civil liability now that the National Guard is stationed in the nation’s capital.
Members of the National Guard are typically sent to assist local and federal law enforcement or respond to emergencies, such as assisting in the response to wildfires.
However, according to legal experts, these National Guard personnel may encounter Americans more frequently when they are deployed with local and federal police enforcement into potentially explosive situations. This might expose members to civil or even criminal culpability.
To a certain extent, the National Guard receives training for a supporting duty. However, it differs from what the police would receive, for instance,” Laura Dickinson, a lecturer at George Washington University Law School, stated. As a result, they lack the experience and knowledge necessary to defend people’s fundamental rights when, for instance, using force. That’s difficult enough for the police. The military does not receive this type of training.
The National Guard personnel stationed in Washington, D.C., are not making arrests, the White House has reaffirmed. They only serve to safeguard federal assets and assist local law enforcement.
Furthermore, the burden of proof may be heavy if a citizen files a criminal or civil complaint against a member of the National Guard. A civilian could find it challenging to demonstrate that a specific National Guard member had infringed upon their constitutional rights.
