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WASHINGTON (AP) — On Friday, Washington D.C. initiated legal action to prevent President Donald Trump from assuming control of its police department. This move comes just hours after his administration intensified its involvement with the city’s law enforcement by appointing a federal official as the interim leader of the department.
Attorney General of the District of Columbia, Brian Schwalb, filed for an emergency restraining order in a federal lawsuit, claiming the Trump administration is overreaching the president’s legitimate authority.
“The administration’s actions blatantly violate the rights and self-governance of the 700,000 residents of D.C.,” stated Schwalb. “This represents the most significant threat to our local autonomy that D.C. has encountered, and we are determined to fight it.”
The suit follows an announcement by Trump’s Attorney General, Pam Bondi, who on Thursday declared that Terry Cole, head of the Drug Enforcement Administration, would take over the “powers and responsibilities” of the D.C. Police Chief. The Metropolitan Police Department, according to Bondi, must obtain Commissioner Cole’s approval before issuing any orders. The status of Pamela Smith, the current police chief who reports to the mayor, remains uncertain.
Mayor Muriel Bowser opposed this measure, stating on social media that “no law grants the District’s authority over personnel to a federal official.”
The Justice Department chose not to offer a comment on the city’s legal action, and the White House has yet to respond to requests for a statement.
Chief had agreed to share immigration information
Schwalb had said late Thursday that Bondi’s directive was “unlawful,” arguing it could not be followed by the city’s police force. He wrote in a memo to Smith that “members of MPD must continue to follow your orders and not the orders of any official not appointed by the Mayor,” setting up the legal clash between the heavily Democratic district and the Republican administration.
The D.C. attorney general is an elected position that is the city’s top legal officer and is separate from Washington’s federal U.S. attorney, which is appointed by the president. The U.S. attorney general is also appointed by the president and not elected.
Bondi’s directive came even after Smith had told MPD officers hours earlier to share information with immigration agencies regarding people not in custody, such as someone involved in a traffic stop or checkpoint. The Justice Department said Bondi disagreed with the police chief’s directive because it allowed for continued enforcement of “sanctuary policies,” which generally limit cooperation by local law enforcement with federal immigration officers.
Bondi said she was rescinding that order as well as other MPD policies limiting inquires into immigration status and preventing arrests based solely on federal immigration warrants. All new directives must now receive approval from Cole, the attorney general said.
The police takeover is the latest move by Trump to test the limits of his legal authorities to carry out his agenda, relying on obscure statutes and a supposed state of emergency to bolster his tough-on-crime message and his plans to speed up the mass deportation of people in the U.S. illegally.
It also marks one of the most sweeping assertions of federal authority over a local government in modern times. While Washington has grappled with spikes in violence and visible homelessness, the city’s homicide rate ranks below those of several other major U.S. cities and the capital is not in the throes of the public safety collapse the administration has portrayed.
Residents are seeing a significant show of force
A population already tense from days of ramp-up has begun seeing more significant shows of force across the city. National Guard troops watched over some of the world’s most renowned landmarks and Humvees took position in front of the busy main train station. Volunteers helped homeless people leave long-standing encampments — to where was often unclear.
Department of Homeland Security police stood outside Nationals Park during a game Thursday between the Washington Nationals and the Philadelphia Phillies. DEA agents patrolled The Wharf, a popular nightlife area, while Secret Service officers were seen in the Foggy Bottom neighborhood.
Bowser, walking a tightrope between the Republican White House and the constituency of her largely Democratic city, was out of town Thursday for a family commitment in Martha’s Vineyard but would be back Friday, her office said.
The uptick in visibility of federal forces around the city, including in many high-traffic areas, has been striking to residents going about their lives. Trump has the power to take over federal law enforcement for 30 days before his actions must be reviewed by Congress, though he has said he’ll re-evaluate as that deadline approaches.
Officers set up a checkpoint in one of D.C.’s popular nightlife areas, drawing protests. Troops were stationed outside the Union Station transportation hub as the 800 Guard members who have been activated by Trump started in on missions that include monument security, community safety patrols and beautification efforts, the Pentagon said.
Troops will assist law enforcement in a variety of roles, including traffic control posts and crowd control, National Guard Major Micah Maxwell said. The Guard members have been trained in de-escalation tactics and crowd control equipment, Maxwell said.
National Guard troops are a semi-regular presence in D.C., typically being used during mass public events like the annual July 4 celebration. They have regularly been used in the past for crowd control in and around Metro stations.