Trump's power grab deemed disconnected from reality on the ground, asserts District of Columbia's legal counsel
In a surprising turn of events, President Trump has invoked Section 740 of the District of Columbia Home Rule Act, taking control of the Metropolitan Police Department (MPD) for a declared crime emergency. This move, contested by many, has placed federal authorities in charge of local police functions, with the goal of restoring safety and enabling federal government operations.
The takeover, initiated on August 11, 2025, has been met with legal challenges and concerns. The Home Rule Act permits presidential control of D.C. police for emergencies, but only for 30 days without Congressional approval. However, President Trump declared a crime emergency, and the legal authority for this takeover is set to expire soon unless extended or renewed with Congressional consent.
House Republicans have introduced legislation to extend Trump’s federal control indefinitely, but the extension faces Democratic opposition in the Senate and potential filibusters. The emergency declaration and the federal takeover have raised significant legal questions, with concerns about potential violations of laws like the Posse Comitatus Act. Critics argue that the city's declining crime rate contradicts the emergency justification.
Operational details regarding command and control, use of force, and coordination have also been contentious. The takeover includes the deployment of about 800 D.C. National Guardsmen, along with additional troops from cooperating states and approximately 500 federal agents from Homeland Security, FBI, and Immigration enforcement. The President's invocation of Section 740 places MPD under federal control for purposes of the federal response, effectively shifting command and control from the D.C. local government to federal authorities.
Coordination between the Metropolitan Police, National Guard, and federal law enforcement has been a point of contention, with city officials raising concerns about accountability, transparency, and potential aggressive or escalatory policing practices associated with federal and militarized deployments. The surge of law enforcement and military presence includes setting up checkpoints and street patrols, aiming to quickly suppress crime but raising fears of overreach and lack of local control or oversight.
Amidst these developments, D.C. Attorney General Brian Schwalb has expressed his concerns. He believes it's important to watch closely to ensure that MPD is allowed to keep the District of Columbia safe in a professional way. Schwalb states that he is more interested in trying to make sure they solve problems and get back on track, rather than immediately suing over the situation. He has also stated that President Trump's statements about crime in Washington, D.C., are out of touch with the facts on the ground, as violent crime has had a record reduction across the city over the last couple of years.
Schwalb has further clarified that MPD under the direction of the president still has to comply with the law. He has called Trump's move "unprecedented" and says federal law allows Trump to request the services of MPD only for emergencies. He also mentions that the president's statements during the announcement were different than what was stated in the executive order.
As the situation unfolds, it is clear that President Trump's takeover of the D.C. police force is currently active under a contested emergency declaration with federal command over local police functions, supported by extensive National Guard and federal law enforcement deployments. The takeover faces imminent expiration without Congressional approval, legal challenges, and ongoing disputes over the appropriateness, coordination, and use of force by combined federal and National Guard forces in the capital.
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