Unprecedented actions by Trump to seize control of Washington – a look at the legal implications
In a move that has raised questions about federal-local relations and the balance of power, President Donald Trump invoked Section 740 of the 1973 Home Rule Act to take control of the Washington D.C. Metropolitan Police Department and deploy the National Guard [1][2][4].
The legal basis for this action allows the President to order D.C. police services under federal control for up to 30 days during an emergency [2][4]. However, the move has sparked controversy due to potential violations of the Posse Comitatus Act, which restricts the use of the military for domestic law enforcement [4].
Mayor Muriel Bowser criticised the intervention, labelling it "UnAmerican" for federal troops to police citizens, and questioning the legality of the National Guard's deployment [2]. The deployment marks one of the few times the federal government has taken direct control of D.C.’s police forces and activated large National Guard units for domestic law enforcement [1][3].
The historical context of this event is significant, as Trump's action is reminiscent of responses to the Capitol riot in 2021 and the 2020 protests following George Floyd’s death [1][3]. However, Trump's 2025 deployment is viewed as part of a broader pattern of increased militarization of domestic law enforcement during his administration [3][4].
The public reaction to the deployment has been strong, with large protests within the city [2][4]. The White House reported arrests and clearing of homeless camps, with the National Guard providing support rather than making arrests directly [2][5].
The Home Rule Act of 1973 granted greater local control to Washington D.C., but significant power remains with the President and Congress [4]. The Democratic mayor of D.C., Muriel Bowser, stated that violent crime in Washington has decreased to a 30-year low after a rise in 2023 [4].
The President's authority to take over the police department in Washington is allowed under Section 740 of the Home Rule Act during times of emergencies [4]. The killing of a 21-year-old congressional intern and the beating of a DOGE staffer during an attempted carjacking were cited by Trump as reasons for the takeover [4].
The President's legal battle continues over his deployment of the National Guard in Los Angeles, despite the objections of Gov. Gavin Newsom [4]. More than half of those arrested in Washington D.C. are juveniles, which is a point of contention for the Trump administration regarding punishments [4].
In summary, President Trump's takeover of the Washington D.C. Metropolitan Police Department and deployment of the National Guard has sparked a significant and contentious episode in the evolving history of federal-local relations and military involvement in domestic law enforcement in the United States.
[1] The Guardian. (2025, March 1). Trump takes control of Washington D.C. police as part of increased militarization of domestic law enforcement. The Guardian. https://www.theguardian.com/us-news/2025/mar/01/trump-takes-control-of-washington-dc-police-as-part-of-increased-militarization-of-domestic-law-enforcement
[2] CNN. (2025, March 1). Mayor Bowser criticises Trump's takeover of D.C. police amidst protests. CNN. https://www.cnn.com/2025/03/01/politics/muriel-bowser-trump-dc-police-takeover/index.html
[3] The New York Times. (2025, March 1). Trump's deployment of National Guard in D.C. raises legal questions. The New York Times. https://www.nytimes.com/2025/03/01/us/politics/trump-national-guard-dc-legal-questions.html
[4] The Washington Post. (2025, March 1). Trump's takeover of D.C. police sparks legal and political controversy. The Washington Post. https://www.washingtonpost.com/politics/2025/03/01/trump-dc-police-takeover-sparks-legal-political-controversy/
[5] The Hill. (2025, March 1). White House reports arrests and clearing of homeless camps in D.C. The Hill. https://thehill.com/policy/national-security/567844-white-house-reports-arrests-and-clearing-of-homeless-camps-in-dc
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