On Thursday, U.S. Attorney General Pam Bondi made what many are calling the most lawless move against Washington, D.C. in its 52-year history of home rule. Bondi tried to appoint Terry Cole, the head of the Drug Enforcement Administration, as D.C.’s new police chief. This would replace the city’s real chief, Pamela Smith, who was appointed following federal and local laws. Bondi also said she was ending certain “sanctuary” policies that stop D.C. police from enforcing federal immigration laws. She even ordered officers to strictly enforce a law against “unlawful” protests, apparently targeting residents demonstrating against federal actions.
In response, D.C. Attorney General Brian Schwalb filed a lawsuit Friday morning to stop Bondi’s takeover of the city police. His case has a strong chance of winning. While the federal government has more authority over D.C. than over any state, Congress has not given the president power to take over the police, replace the chief, or cancel city policies. The Constitution also does not give this power to the president or his appointees. Instead, Congress has the ultimate authority over D.C. The Trump administration’s actions break the law.
Even though President Donald Trump says he can “take over” D.C., he has no separate right to do so. The Constitution gives Congress—not the president—the power to “exercise exclusive legislation in all cases whatsoever” over D.C. In 1973, Congress passed the Home Rule Act, giving D.C. residents more control over their city government. The act allowed residents to elect their mayor and council. Before this, Congress debated who should choose the police chief. Some members wanted the president to decide, but Congress rejected this, giving that power to the mayor. As Rep. Stewart B. McKinney said, letting the president pick the police chief would strike “very deeply at the entire heart of the subject of home rule.”
The Home Rule Act only lets the president request D.C. police help in emergencies. The law says the president can ask the mayor for police “services” when “special conditions of an emergency nature exist.” The mayor must provide these services. This emergency power lasts 48 hours unless Congress approves an extension up to 30 days. Longer periods need special approval from Congress.
This rule explains why D.C. officials initially cooperated when Trump said on Monday that he would “federalize” the city. Mayor Muriel Bowser agreed that the president could request help from police, but insisted that Smith, the city’s police chief, remain in charge. Bowser questioned whether an emergency even existed but tried to respect the president’s judgment. This is why D.C. police worked with federal agents and the National Guard in the city.
However, the administration did not accept this setup. On Thursday evening, Bondi tried to take full control of the police. She claimed she could appoint Trump’s DEA chief as D.C.’s police chief. She ordered officers to enforce federal immigration laws, which D.C. law forbids. She also demanded strict enforcement against “unlawful” protests, likely to stop demonstrations against federal arrests. (The largest “unlawful” protest in recent D.C. history was the Jan. 6 Capitol attack; Trump pardoned everyone involved on his first day back in office.)
This overreach led Schwalb, the elected attorney general, to sue. Judge Ana Reyes, a Biden appointee, is overseeing the case. Schwalb explained that the Home Rule Act lets the president ask for police “services” — not take control of the force. Bondi’s actions remove the mayor from her role of appointing and overseeing the police chief, violating federal law. Even in an emergency, the law allows the president to request services from the mayor, not bypass her completely.
Because Bondi cannot legally take over the police, her orders are invalid. Even if they were valid, the Home Rule Act does not give her authority to issue or cancel police policies. The law limits assistance to “federal purposes,” usually meaning protecting federal people or property. But Bondi and Trump have said they want to control city matters, including everyday policing. The law forbids this.
Bondi’s actions are also dangerous. Chief Smith wrote on Friday that in her 30 years in law enforcement, she has never seen a government move more threatening to public safety. Creating a new command structure would “wreak operational havoc” and “create tremendous risk for the public.” Resources would be diverted from crime prevention, drugs, and other priorities. In short, a federal takeover would make it harder for D.C. police to fight crime. Officers currently appear to be following Cole as chief.
Trump’s move could also serve as a test for taking control of other large cities. D.C. is especially vulnerable because it is not a state. Some residents might feel helpless, but that would be a mistake. Congress gave D.C. real control over its police. The president does not have legal authority to take it away, and the courts must prevent him from trying.
