The attorney general in Washington, D.C., is urging Senate Democrats to vote against overturning a newly passed district law that would overhaul the city’s criminal code and reduce the penalties for some crimes.
Attorney General Brian Schwalb wrote a letter to Senate Majority Leader Chuck Schumer (D-NY) on Thursday, urging the Democratic leader to disapprove of the resolutions seeking to override the district law, arguing it interferes with the city’s right to local government. The letter comes two weeks after the House approved measures seeking to overturn the criminal code overhaul, reviving tensions as district lawmakers implore Congress to preserve their autonomy.
HOUSE VOTES TO OVERTURN DC LAW SOFTENING PENALTIES FOR MURDER, CARJACKINGS
“Ironically, many who have expressed support ... have long espoused the virtues of freedom from federal government interference and respect for states’ rights,” Schwalb wrote. “They have argued that myriad matters, including criminal justice, reproductive freedom, and voting rights, are best left to states and localities. The current calls to formally disapprove District law contradict those principles and would substitute the will of federal politicians for the decisions of locally elected leaders.”
As the chief enforcer of district laws, Schwalb argued the House’s attempts to overturn the updated criminal code disrupt the city’s democratic process set out under the Home Rule Act.
The Home Rule Act allows Washington, D.C., to operate as an independent city government despite not having statehood. The only caveat is that all laws are subject to congressional approval before being enacted — occasionally setting up showdowns between Congress and local lawmakers.
The Council of the District of Columbia overwhelmingly approved a bill last year that would implement a massive overhaul of the city’s criminal code, completing a project district lawmakers have been working on for 16 years. The rewritten legislation sought to clarify and lower penalties for criminal offenses, with several lawmakers arguing severe punishments often do not deter crime.
Several congressional Republicans criticized the overhaul, claiming the law would make the district susceptible to violent crime by reducing penalties and “threatening the safety of both residents and visitors,” Rep. Andrew Clyde (R-GA) told the Washington Examiner.
Schwalb rejected those claims, arguing the updated sentencing guidelines would improve the district’s safety by providing necessary updates to the city’s criminal code.
“The criticisms of the law as ‘soft’ fail to acknowledge that the [criminal code overhaul] actually increases maximum sentences for many crimes, including armed robbery, sexual assault, and attempted murder,” Schwalb wrote. “For these reasons, it is questionable whether congressional efforts to thwart local legislative reforms are really making D.C. safer.”
Schwalb had similarly sent a letter to House leadership ahead of its vote on Feb. 9, specifically urging House Speaker Kevin McCarthy (R-CA) to vote against the resolution. The House passed the proposal in a 250-173 vote, with 31 Democrats joining Republicans.
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If Senate Republicans are successful in passing the resolutions, the vote would mark the first time in three decades that Congress has approved a resolution overturning district law. The last time was in 1991, when Congress voted to overturn a district law that sought to increase the maximum height of city buildings.
Even if the bill were to pass through Congress, it would still require President Joe Biden's signature to repeal the district criminal code. Biden has indicated opposition to Republicans' efforts to overturn the laws, but he has not explicitly threatened to veto the legislation should it reach his desk.