Topline
President Donald Trump directed the federal government Monday to take over Washington, D.C.’s police operations in order to combat purported crime in the nation’s capital—and deployed the National Guard to the city—taking dramatic steps that are largely within the president’s legal authority, though there are still some checks on what Trump can do.
Trump released an executive order Monday that directed Washington, D.C.’s Metropolitan Police Department (MPD) to be temporarily under federal control, citing “special conditions of an emergency nature” that require the city’s police force to be used “for federal purposes.”
He also directed Defense Secretary Pete Hegseth to deploy National Guard troops to the city, saying in an order that troops should be deployed “to address the epidemic of crime in our Nation’s capital.”
Trump said he was taking control of the city’s police force under the Home Rule Act that lays out how Washington is run, which gives the president authority to use MPD “for federal purposes” in emergency situations, but only for 30 days, unless Congress approves an extension.
The president’s move to deploy the National Guard is less legally questionable in the district than in other U.S. cities—like when Trump sent troops to Los Angeles—as federal law broadly gives the president control over Washington, D.C.’s National Guard, and there are fewer legal restrictions on him deploying those troops.
Monday’s executive orders could still face legal challenges, however, as Washington, D.C., Attorney General Brian Schwalb said Trump’s actions are “unprecedented, unnecessary, and unlawful” and the district is “considering all of our options and will do what is necessary to protect the rights and safety of District residents.”
The Home Rule Act, passed in 1973, says the president can inform the mayor he’s taking federal control of the MPD whenever he “determines that special conditions of an emergency nature exist” that necessitate using the district police force. The law states the president can only use the city’s police “for federal purposes,” however, which Georgetown Law professor Steven Vladeck notes means Trump cannot legally control how the police force carries out its other duties. It’s unclear what the full scope of using the MPD for “federal purposes” could include in practice. That suggests Trump could face legal challenges if he takes steps to more broadly control MPD’s operations. Trump is also only allowed under the law to control the local police force for up to 48 hours unless he notifies Congress of an extension, which he has reportedly already done. After the congressional notification, the president can use Washington’s police force for up to 30 days, at which point Congress would have to expressly authorize an extension.
Most likely, though it still could be challenged in court. The Justice Department has previously ruled in legal memos that presidents have the authority to deploy the National Guard in Washington, D.C., without violating the Posse Comitatus Act (PCA), a 19th century law that otherwise broadly bars federal troops from being deployed for civilian law enforcement. While the National Guard is overseen by the governors of states where they’re deployed, federal law gives the president authority over the National Guard in Washington, D.C., so there’s more flexibility for Trump to deploy troops in that city compared to others. That being said, the DOJ’s previous memos on presidential authority in deploying troops to Washington aren’t legally binding, so Democrats could still try to sue over the issue.
No. While the Home Rule Act gives Trump some authority over the district and its law enforcement, Congress broadly allows the district to operate with its own city council and local government, rather than being directly under full federal control. Congress would have to amend that law for Trump to take greater control over the city, which is unlikely to happen given Republicans’ narrow majority in the Senate.
Trump suggested Monday he could try to take similar steps to deploy troops to other Democratic-led cities, such as New York, Chicago and Baltimore. “This will go further,” Trump said Monday. That would be much harder to do, however, given those cities don’t have the same legal provisions allowing some federal power as Washington does. Trump is broadly barred from using federal troops to carry out law enforcement actions under the PCA, and he does not have the same privileges to take over other cities’ police operations as he does in Washington.
Trump’s executive order deploying troops to Washington came on the same day as a trial began over the last time the president sent troops to a major city. A California judge is set to decide whether Trump violated the PCA by deploying the National Guard to Los Angeles earlier this summer in response to protests opposing his hardline immigration agenda. The trial began Monday and will stretch through Wednesday, though it’s unclear when a final ruling could come.
Trump’s announcement on sending troops to Washington came after the president had teased for days that he could deploy the military in the nation’s capital as he decried crime in the district. “On Monday a Press Conference will be held at the White House which will, essentially, stop violent crime in Washington, D.C,” Trump posted on Truth Social on Saturday, claiming the city “has become one of the most dangerous cities anywhere in the World.” The president has long claimed Washington, New York and other major Democratic-controlled cities are riddled with crime even when statistics have suggested otherwise, with Trump critics pointing out that the DOJ previously said violent crime in Washington hit a 30-year low in 2024.