“This Is Unlawful!” — DC Attorney General Sues Trump Over Federal Takeover of Police

Charlotte Bennett
6 Min Read
DC Attorney General Brian L. Schwalb at the DC Mayoral and Council swearing-in, Jan 2, 2023. Matt McClain | The Washington Post | Getty Images

Washington, D.C., Attorney General Brian Schwalb filed a lawsuit Friday against President Donald Trump over his move to take control of the city’s police department.

Schwalb called the action “brazenly unlawful” and said it exceeded the president’s authority under federal law. He warned it could threaten the safety of residents and visitors.

The lawsuit asks the court to block a Thursday night order by U.S. Attorney General Pam Bondi, which installed Drug Enforcement Administrator Terry Cole as the new head of the Metropolitan Police Department.

District Court Judge Ana Reyes of the U.S. District Court in D.C. scheduled a hearing for 2 p.m. Friday to consider Schwalb’s request for a temporary restraining order. Reyes was appointed to the federal bench in 2023 by President Joe Biden.

Trump signed an executive order on Monday directing D.C. Mayor Muriel Bowser to hand over the police department to federal control temporarily. He also urged Congress to extend federal authority beyond the normal 30-day limit.

The president cited emergency powers under a rarely used section of the Home Rule Act, a 52-year-old law that set up D.C.’s local government. This invocation of the law has never been used before for such a purpose.

Schwalb described the president’s action as an affront to the 700,000 residents of the District. “Our office will go to court to defend Home Rule, block the unlawful orders, and maintain MPD under District control,” he said.

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Mayor Bowser also opposed Bondi’s order, telling Police Chief Pamela Smith she was “not legally obligated to follow it.” The mayor said the directive was unlawful and undermined the city’s authority.

The lawsuit names Trump, Bondi, the Department of Justice, Cole, the Drug Enforcement Administration, the U.S. Marshals Service, and its director, Gadyaces Serralta, as defendants. It asks the court to prevent any future attempts to control local law enforcement.

Schwalb’s complaint argues that Trump’s order violates the U.S. Constitution’s separation of powers. The suit requests a declaration that the executive order is unconstitutional and seeks to restore local control of the police.

The Trump administration deployed around 800 National Guard members to D.C. earlier this week. The president said the troops are part of a response to rising violent crime in the city, despite official statistics showing crime has declined.

Official data indicate that multiple categories of unlawful activity, including violent crimes, have dropped by double-digit percentages in the past year. Trump dismissed these numbers, claiming the situation remains out of control.

The move by Trump follows a broader push to exercise federal authority over local agencies. Critics warn it sets a dangerous precedent for cities with their own police departments.

Legal experts say the case could test the limits of presidential power and the Home Rule Act. Few precedents exist for a federal takeover of a city police force under such circumstances.

If the court grants a temporary restraining order, it would pause federal control while the case proceeds. The decision may have implications for local governance and policing autonomy nationwide.

The Department of Justice declined to comment on the lawsuit. The White House did not respond immediately to requests for a statement regarding the legal challenge or federal takeover plans.

Schwalb’s office emphasized that defending Home Rule is central to maintaining the city’s ability to self-govern. Local leaders argue that controlling law enforcement is essential to public safety and community trust.

Observers note that the case may draw national attention, given its unprecedented nature. The legal battle could influence how future administrations interact with local authorities.

Both sides are expected to present arguments at Friday’s hearing. Schwalb seeks a ruling that would immediately restore control of the police department to local authorities.

The lawsuit highlights a clash between federal and local powers and raises questions about the scope of presidential emergency authority in U.S. cities.

City officials have also warned that ignoring Home Rule could have political and legal consequences. They say federal control undermines the accountability of law enforcement to local residents.

Trump’s actions have drawn criticism from local officials and some lawmakers, who argue that using federal authority in this way could erode democratic norms in the nation’s capital.

The outcome of the case may set a precedent for future conflicts over federal and municipal authority, particularly in cities with autonomous policing powers.

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