Advisory Opinions Federalizing D.C. | Live From the Alaska Federal Bar Association
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Aug 19, 2025 Patrick Boumette, a Judge on the Ninth Circuit and former federal prosecutor, shares his journey through career setbacks and the importance of resilience. The discussion examines the implications of federal oversight in D.C., the legal intricacies of National Guard deployment, and the complexities surrounding gun laws and the Second Amendment. Boumette reflects on the growth that comes from failure and emphasizes the need for self-awareness in the legal profession, blending personal anecdotes with legal insights.
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D.C. Is Legally Unique
- Washington, D.C. is legally unique and the president can federalize D.C. law enforcement under the Home Rule Act for limited periods.
- The D.C. National Guard functions like a militia under presidential control until fully federalized as the Army.
Guard Versus Army Distinction Matters
- National Guardsmen are state militia unless federalized, which converts them into the Army with Posse Comitatus implications.
- D.C.'s Guard is unusual because it answers to the president but still operates in a militia capacity absent formal federalization.
Presence Patrols Are Legally Fraught
- When federalized but not used as police, Guard duties in public often mean presence and support rather than arrests.
- Presence patrols may deter crime but raise hard questions about permissible intervention and rules of engagement.
