D.C. attorney general sues to stop Trump's police takeover

Brian L. Schwalb, the attorney general for the District of Columbia, filed a lawsuit Friday challenging President Trump’s takeover of the police department, saying it violates the home rule charter Congress granted to the city.

Mr. Schwalb said the charter does let the president control some police operations in an “emergency nature,” but for only a short time. He said Mr. Trump’s takeover of the full department, installing his own overseers, goes too far.

“By declaring a hostile takeover of MPD, the administration is abusing its limited, temporary authority under the Home Rule Act, infringing on the District’s right to self-governance and putting the safety of D.C. residents and visitors at risk,” Mr. Schwalb said.

The lawsuit also challenges Mr. Trump’s predicate for the takeover, saying no emergency exists, with crime falling. The president calls those Democratic statistics “phony.”

As a federal district, Washington comes under the control of the national government. But 52 years ago Congress granted a large portion of self-governing powers back to the city.

Section 740 of that charter gives the president power to take “emergency control of police.”

The charter says the president determines when there is an emergency that demands “the use of the Metropolitan Police force for federal purposes.” And it says the president gets to determine what level of control is “necessary and appropriate.”

The charter also says his control can last only 48 hours unless he notifies Congress of his actions, getting 30 days total. That could last longer if the legislative branch extends it.

Mr. Trump declared the emergency Monday, saying ‘“crime is out of control in the District of Columbia.” He also formally notified Congress of his action.

He appointed Terrance Cole, head of the Drug Enforcement Administration, as interim commissioner of the police department. And Attorney General Pam Bondi named Gady Serralta, director of the U.S. Marshals Service, to supervise the department.

Mr. Schwalb said Mr. Trump didn’t give any timeline for the takeover, adding to the legal questions surrounding the move.

“The administration’s unlawful actions are an affront to the dignity and autonomy of the 700,000 Americans who call D.C. home,” he said. “This is the gravest threat to Home Rule that the District has ever faced, and we are fighting to stop it.”