As President Trump heads to Alaska for his Friday meeting with Russian President Vladimir Putin, his administration finds itself the subject of a federal lawsuit by District of Columbia Attorney General Brian Schwalb, who argues the Trump administration exceeded its authority when it took over the Metropolitan Police Department (MPD). This comes after Attorney General Pam Bondi issued an order Thursday night that slapped down MPD's sanctuary policies and named Drug Enforcement Administration Administrator Terrence Cole as MPD's emergency police commissioner.
Schwalb, who is the top legal official in Washington, D.C., is seeking an emergency restraining order in federal court that would block Cole from temporarily taking the helm at the MPD; he argues the police takeover by the Trump administration is illegal and threatens to "wreak operational havoc." The lawsuit has been assigned to Biden appointee Ana Reyes, who notably once blocked Trump's ban on transgenders serving in the military, a decision that was later stayed by the Supreme Court.
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In issuing her new directive placing Cole atop the MPD, Bondi added that the MPD "must receive approval from Commissioner Cole before issuing any further directives to the MPD." This did not sit well with D.C. Mayor Muriel Bowser, who tweeted, "In reference to the U.S. Attorney General’s order, there is no statute that conveys the District’s personnel authority to a federal official." Schwalb took things even further, apparently telling MPD Police Chief Pamela Smith in a letter that she was not "legally obligated" to follow Bondi's guidance.
Schwalb went on an extended tweetstorm Friday morning to make his case against Bondi, arguing that the seizing of operational leadership of the MPD is prohibited by the Home Rule Act.
The federal government's power over DC is not absolute, and it should not be exercised as such.
Section 740 of the Home Rule Act permits the President to request MPD's services.
But it can only be done temporarily, for special emergencies, and solely for federal purposes.
Even when Section 740 is lawfully invoked, the Home Rule Act keeps operational control of MPD with the Mayor and Chief, and the President must request MPD services through the Mayor.
In DC's 52 years of Home Rule, no President has tried invoking this authority.
Until this week.
On Monday, the President signed an Executive Order invoking Section 740 and declaring he was placing MPD under direct federal control.
And last night, the US Attorney General issued an order to replace Chief Smith with a federal official, rescind MPD policies, and take over MPD.
The Administration's actions are brazenly unlawful.
They go well beyond the bounds of the President's limited authority and instead seek a hostile takeover of MPD.
They infringe on the District's right to self-governance and put the safety of DC residents and visitors at risk.
This is an affront to the dignity and autonomy of the 700,000 Americans who call DC home.
Our office will go to court to defend Home Rule, block the unlawful orders, and maintain MPD under District control.We have no choice but to stand up for DC residents' rights and safety.
A hearing is scheduled to take place in Judge Reyes' courtroom Friday at 2 p.m. Eastern time (you can view Schwalb's filing here). RedState will be providing full coverage, so be sure to check back later.
Editor's Note: The days of lawlessness in Washington, D.C. are over. Thanks to President Trump, our nation's capital will be SAFE once again.
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