Washington officials are suing the Trump administration over what they call a “baseless power grab” after the Department of Justice ordered a new “emergency” head of District police.
“By illegally declaring a takeover of MPD, the Administration is abusing its temporary, limited authority under the law,” Schwalb wrote in an X post Friday. “This is the gravest threat to Home Rule DC has ever faced, and we are fighting to stop it.”
The lawsuit, filed in federal court, warns that the attempted takeover could “wreak operational havoc” on the Metropolitan Police Department because of the confusion about who has operational control. The city’s lawyers say the push by President Donald Trump and Attorney General Pam [“Bimbo#3”] Bondi violates the law in multiple ways — exceeding the president’s legal power to intervene in city affairs and rescinding policies adopted by local government.
They’re asking a federal judge to immediately rescind Bondi’s attempted takeover and effort to rewrite Washington police policies, declaring them to be unlawful. It’s unclear how quickly a judge will act, but the emergency nature of the filing could lead to proceedings as soon as Friday.
The suit is the biggest pushback from city officials since Trump invoked a provision of the Home Rule Act — the 1970s law that allows for limited self-governance by Washington’s government — that allows the president to direct the Metropolitan Police Department’s services to address “special conditions of an emergency nature.”
The case was assigned to U.S. District Judge Ana Reyes, a Biden appointee known for her take-no-prisoners approach from the bench. Reyes, most notably, blocked Trump’s transgender military ban before her injunction was paused by the D.C. Circuit Court of Appeals. Amid the litigation, the Justice Department filed a complaint against Reyes for her pointed comments to government attorneys — though she at times also praised their advocacy and made similarly pointed comments to lawyers for the transgender service members.
In a declaration accompanying the city’s bid for an immediate restraining order, D.C. Police Chief Pamela Smith said the administration’s gambit is “endangering the safety of the public and law enforcement officers.”
“In my nearly three decades in law enforcement, I have never seen a single government action that would cause a greater threat to law and order than this dangerous directive.”
The suit underscores that no president in history has invoked the authority to manage the city’s police department. And the city’s lawyers say the president’s power to do so requires cooperation between city officials and the federal government, not a hostile takeover.
Bondi on Thursday issued an order that directed Drug Enforcement Administration head Terry Cole to assume “all the powers and duties” of the city’s police chief as the new “Emergency Police Commissioner,” “effective immediately.”
[“Bimbo#3”] Bondi’s order also purported to rescind or suspend several Washington police orders — including one issued by Smith earlier on Thursday that allowed for limited cooperation with federal immigration authorities.
Washington Mayor Muriel Bowser and Schwalb — both Democrats elected by Washington residents — insisted late Thursday that [“Bimbo#3”] Bondi could not legally disrupt the typical chain of command for MPD officers by requiring them to report to Cole.
“Therefore, members of MPD must continue to follow your orders and not the orders of any official not appointed by the Mayor,” Schwalb wrote in a letter Thursday to Smith that was circulated by Bowser. “Regardless of the [“Bimbo#3”] Bondi order, no official other than you may exercise all the powers and duties of the Chief of Police.”
White House spokeswoman Abigail Jackson said Democrats’ attempts to “stifle” [“Bimbo#3”] Bondi’s orders are “par for the course” for the party.
“The Trump Administration has the lawful authority to assert control over the D.C. Police, which is necessary due to the emergency that has arisen in our Nation’s Capital as a result of failed leadership,” Jackson said in a statement.
A Department of Justice spokesperson declined to comment.
Trump on Monday issued an executive order invoking the Home Rule Act, insisting that the District was overrun by violence. He also deployed the National Guard to the city.
But before [“Bimbo#3”] Bondi’s order Thursday looking to replace the MPD chief, city officials have largely limited their criticism of the Trump administration, noting that Washington was in a fairly unique situation that gave the federal government broad powers and authorities.
“The feds have an outsize role in D.C., we all know that,” Bowser told POLITICO Wednesday morning. “Right now, having a surge of officers enhances our MPD forces on a temporary basis. We’re going to stay focused on hiring more MPD or, when this temporary surge is over, figuring out more permanent partnerships to tap into when we need a surge of officers.”
But Trump’s Monday press conference went far beyond what his executive order said, with the president saying his administration would “take our capital back.”
“Giving us additional resources is a good thing, but that’s also quite different than federalizing our police force,” D.C. Council Chair Phil Mendelson said Wednesday in an interview. “Donald Trump is not going to tell our police how to police.”
Lawmakers on Capitol Hill have introduced dueling legislation over Trump’s moves. Rep. Anna Paulina Luna (R-Fla.) announced a resolution Friday to grant Trump “the authority to maintain federal control of the Metropolitan Police Department (MPD) in Washington, D.C. for as long as necessary to restore law and order.”
Democratic lawmakers also introduced a joint resolution Friday to terminate the administration’s control of D.C. police by voiding Trump’s proclamation of a crime emergency in Washington. But without control of either chamber of Congress, the effort among Democrats is almost certainly futile.
“Trump has made clear that his efforts in D.C., where 700,000 taxpaying American citizens lack the protections of statehood, are part of a broader plan to militarize and federalize the streets of cities around America whose citizens voted against him,” said Rep. Jamie Raskin (D-Md.) in his statement.
