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D.C. Attorney General Brian Schwalb sues to stop Donald Trump’s police takeover

Brian L. Schwalb, the attorney general for the District of Columbia, asked a federal judge Friday to issue a restraining order against President Trump to block his takeover of the police department, saying it violates the home rule charter Congress granted to the city.

Mr. Schwalb said the charter does let the president control some police operations in an “emergency nature,” but for only a short time. He said Mr. Trump’s takeover of the full department, installing his own overseers, goes too far.

“By declaring a hostile takeover of MPD, the administration is abusing its limited, temporary authority under the Home Rule Act, infringing on the District’s right to self-governance and putting the safety of D.C. residents and visitors at risk,” Mr. Schwalb said.

The lawsuit also challenges Mr. Trump’s predicate for the takeover, saying no emergency exists, with statistics showing crime reports have fallen.

The case was filed in federal district court in Washington and has been assigned to Judge Ana Reyes, a Biden appointee.

She called an emergency hearing for Friday afternoon.

As a federal district, Washington comes under the control of the national government. But 52 years ago Congress granted a large portion of self-governing powers back to the city.

Section 740 of that charter gives the president power to take “emergency control of police.”

The charter says the president determines when there is an emergency that demands “the use of the Metropolitan Police force for federal purposes.” And it says the president gets to determine what level of control is “necessary and appropriate.”

The charter also says his control can last only 48 hours unless he notifies Congress of his actions, getting 30 days total. That could last longer if the legislative branch extends it.

Mr. Trump declared the emergency Monday, saying ‘“crime is out of control in the District of Columbia.” He also formally notified Congress of his action.

He appointed Terrance Cole, head of the Drug Enforcement Administration, as interim commissioner of the police department. Attorney General Pam Bondi named Gady Serralta, director of the U.S. Marshals Service, to supervise the department.

Ms. Bondi on Thursday issued orders laying out the takeover, canceling some of Police Chief Pamela Smith’s own orders and expanding police cooperation with federal immigration enforcement efforts.

Mr. Schwalb countered with a ruling that called Ms. Bondi’s order illegal. He directed city officials not to comply.

In his lawsuit Friday, he said Mr. Trump didn’t give any timeline for the takeover, adding to the legal questions surrounding the move.

“The administration’s unlawful actions are an affront to the dignity and autonomy of the 700,000 Americans who call D.C. home,” he said. “This is the gravest threat to Home Rule that the District has ever faced, and we are fighting to stop it.”

Mr. Schwalb, in his complaint, says violent crime is down 26% since 2024 and the federal Justice Department’s own statistics showed a 35% drop last year compared with 2023. It had the best rate in more than 30 years.

He said even the Trump administration acknowledged that. Former acting U.S. Attorney Ed Martin Jr. in April celebrated the drop in violent crime in a press release, and Mr. Trump echoed that in praise of Mr. Martin.

Mr. Trump, in his emergency declaration, said the city still has among the highest robbery and murder rates for the country’s large cities.

It also has the highest vehicle theft rate, at three times the national average.

“The District of Columbia is, by some measures, among the top 20% of the most dangerous cities in the world,” he said.

Chief Smith, in a declaration that Mr. Schwalb filed in the case, said the takeover has disrupted the chain of command and could hurt the department’s ability to handle several protests and demonstrations planned for this weekend.

In particular, she said, an order by Ms. Bondi directing police to kick unauthorized people out of public spaces will distract them from their other duties.

“In my judgment, this diversion of resources will undermine public safety in the District,” she said.

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