Can Trump Control DC Police For More Than 30 Days? President Falsely Claims He Doesn’t Need Congress
Topline
President Donald Trump said Wednesday he wants to extend his administration’s takeover of Washington D.C.’s police force past the 30 days he’s initially been granted—but the president will need congressional approval to do so, despite Trump claiming Wednesday that he doesn’t.
Trump said at a press conference Wednesday he wants to extend his administration’s control of Washington’s Metropolitan Police Department (MPD) “long-term,” saying his administration is “gonna be asking for extensions on that” because the initial 30-day period is too short.
Trump signed an executive order this week that allows the federal government to temporarily take control of the MPD “for federal purposes,” part of the Trump administration’s efforts to crack down on purported crime in the city.
The president assumed control of the MPD under a section of the Home Rule Act that governs how Washington D.C. operates, which states the city’s mayor can provide presidents the police force’s services when “special conditions of an emergency nature exist” that necessitate using the MPD “for federal purposes.”
Trump claimed Wednesday he can extend his control of the MPD “without Congress” if it’s a “national emergency,” but that directly conflicts with the law, which says the federal government can only use the MPD for 30 days without congressional approval.
Unless Congress is adjourned when the federal government takes control of the MPD, which was not the case here, the takeover can only extend past 30 days if “the Senate and the House of Representatives approve a concurrent resolution authorizing such an extension,” the Home Rule Act says.
That means if Trump were to try and extend his control of the MPD for more than 30 days without Congress, Washington officials could have grounds to sue the president to end the use of the police force.
The president may be able to get the congressional support he needs to end his control of the MPD, given Republicans’ majority in both chambers of Congress, though Democrats could try to use the filibuster process to block the resolution’s passage in the Senate. Trump claimed Wednesday he wouldn’t face any pushback from Republican lawmakers to extending the police takeover, saying, “I think the Republicans in Congress will approve this pretty much unanimously.” It remains to be seen if any more moderate conservatives could oppose the proposal.
In addition to his executive order on the MPD, Trump also signed an executive order deploying National Guard troops to the capital city. Trump’s use of the National Guard isn’t subject to the same 30-day limit as his use of the MPD, and the president has less legal restrictions on using the National Guard in Washington than he would in other cities. Trump’s claims Wednesday that he could extend his control of Washington by invoking a “national emergency” suggests he could use other presidential powers to deploy military troops, such as invoking the Insurrection Act.
Trump announced his use of police and military force in Washington D.C. on Monday after railing against the Democratic-leaning city, which he claimed on Saturday “has become one of the most dangerous cities anywhere in the World.” Trump has routinely decried perceived increases in crime in Democratic-run cities like Washington, New York City and Chicago even when evidence suggests otherwise, with the president’s incursion in Washington coming after violent crime in the city hit a 30-year low. In addition to Washington, the president previously controversially deployed the National Guard to Los Angeles in response to protests against his hardline immigration policies. That prompted the California government to sue over Trump’s use of the military, arguing it violated a 19th century law that largely bars the military from participating in law enforcement. (The law does not apply in the same way for Washington D.C.) A trial over whether Trump was allowed to deploy troops to Los Angeles concludes Wednesday.