By Steven Allen Adams, The Parkersburg News and Sentinel
CHARLESTON — A Kanawha County judge overseeing a case to halt the deployment of the West Virginia National Guard to the nation’s capital is seeking additional information before rendering a ruling.
During a hearing Friday morning to consider a motion for a temporary restraining order being sought by the ACLU-WV and West Virginia Citizens Action Group (WV CAG), Eighth Judicial Circuit Judge Richard Lindsay asked attorneys for the plaintiffs and the state, represented by the Attorney General’s Office, to file briefs answering the question of whether Gov. Patrick Morrisey followed state law in deploying the National Guard to Washington, D.C.
“The central issue to this court is whether or not what the governor did is in compliance with West Virginia law,” Lindsay said. “I believe the issue does need to be covered.”
Lindsay asked both parties to file their briefs by the end of next week, with the hearing being continued until Monday, Nov. 2.
“I’d like the defendants to brief the issue of whether or not what Governor Morrissey did was lawful in accordance with West Virginia law, again, in the context of responding to a request by the President of the United States for the deployment of National Guard to Washington, D.C.,” Lindsay said. “Any reply and or response to defendant’s supplement (by the plaintiffs) will be filed on or before Thursday, October the 30th.”