District of Columbia Attorney General Brian L. Schwalb 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. Here’s what you need to know about the legal challenge to federal control of D.C. police:
The emergency lawsuit filing
Attorney General challenges Trump’s police takeover authority:
- Schwalb filed case in federal district court in Washington Friday
- Seeks restraining order to block Trump’s control of Metropolitan Police Department
- Claims takeover violates home rule charter Congress granted D.C. 52 years ago
- Case assigned to Judge Ana Reyes, a Biden appointee, who called emergency hearing for Friday afternoon
The home rule charter dispute
Legal battle centers on interpretation of emergency powers:
- Section 740 of D.C. charter gives president power to take “emergency control of police”
- Charter allows president to determine when emergency demands “use of Metropolitan Police force for federal purposes”
- President gets to determine what level of control is “necessary and appropriate”
- Control can last only 48 hours unless Congress is notified, extending to 30 days total
The administration’s takeover actions
Trump declared emergency and installed federal overseers:
- Trump declared emergency Monday, saying “crime is out of control in the District of Columbia”
- Formally notified Congress of his action as required by charter
- Appointed Terrance Cole, head of Drug Enforcement Administration, as interim police commissioner
- Attorney General Pam Bondi named Gady Serralta, director of U.S. Marshals Service, to supervise department
The federal orders and pushback
Bondi issued directives canceling local police chief’s orders:
- Bondi on Thursday issued orders laying out takeover details
- Canceled some of Police Chief Pamela Smith’s own orders
- Expanded police cooperation with federal immigration enforcement efforts
- Schwalb countered with ruling calling Bondi’s order illegal, directing city officials not to comply
The crime statistics debate
Conflicting interpretations of D.C. safety data:
- Schwalb says violent crime down 26% since 2024 and federal Justice Department statistics show 35% drop last year compared with 2023
- Claims D.C. had best crime rate in more than 30 years
- Notes former acting U.S. Attorney Ed Martin Jr. celebrated crime drop in April press release that Trump praised
- Trump counters that city still has among highest robbery and murder rates for large cities, plus highest vehicle theft rate at three times national average
The emergency justification challenge
Attorney General disputes existence of actual emergency:
- Lawsuit challenges Trump’s predicate for takeover, saying no emergency exists
- Statistics show crime reports have fallen according to Schwalb’s filing
- Trump declared “District of Columbia is, by some measures, among the top 20% of the most dangerous cities in the world”
- Schwalb argues Trump didn’t give timeline for takeover, adding to legal questions
The operational disruption concerns
Police Chief warns of public safety impact:
- Chief Smith filed declaration saying takeover disrupted chain of command
- Could hurt department’s ability to handle several protests and demonstrations planned for weekend
- Bondi’s order directing police to kick unauthorized people out of public spaces will distract from other duties
- “In my judgment, this diversion of resources will undermine public safety in the District,” Smith said
The constitutional stakes
Schwalb frames case as threat to D.C. self-governance:
- “By declaring a hostile takeover of MPD, the administration is abusing its limited, temporary authority under the Home Rule Act”
- Claims action infringes “on the District’s right to self-governance and putting the safety of D.C. residents and visitors at risk”
- “The administration’s unlawful actions are an affront to the dignity and autonomy of the 700,000 Americans who call D.C. home”
- Calls situation “the gravest threat to Home Rule that the District has ever faced”
Read more:
• D.C. Attorney General Brian Schwalb sues to stop Donald Trump’s police takeover
This article is written with the assistance of generative artificial intelligence based solely on Washington Times original reporting and wire services. For more information, please read our AI policy or contact Ann Wog, Managing Editor for Digital, at awog@washingtontimes.com
The Washington Times AI Ethics Newsroom Committee can be reached at aispotlight@washingtontimes.com.
