Washington DC Attorney General Brian Schwalb (D) filed a lawsuit against President Trump early Friday after the administration installed the Drug Enforcement Agency (DEA) head to command the city’s police force.
In a 33-page (!) complaint, Schwalb claims that DEA Administrator Terry Cole’s appointment as “emergency police commissioner” exceeds the administration’s authority in the DC Home Rule Act that Trump invoked in order to clean up the city. The lawsuit seeks to cancel Cole’s appointment and keep the Metropolitan Police Department (MPD) under the command of Mayor Muriel Bowser (D) and Police Chief Pamela Smith, who doesn’t know what “chain of command” means – and says she still reports to Bowser.
“We are suing to block the federal government takeover of D.C. police. By illegally declaring a takeover of MPD, the Administration is abusing its temporary, limited authority under the law. This is the gravest threat to Home Rule DC has ever faced, and we are fighting to stop it,” reads the lawsuit. “There is no greater risk to public safety in a large, professional police force like MPD than to not know who is in command.”
Trump announced on Aug. 11 that the federal government would take over the capital city’s police department in an effort to combat crime and homelessness in the city. He also deployed the National Guard.
The Home Rule Act requires the mayor to provide law enforcement “services” to the president when special emergency conditions are declared.
City leaders initially agreed to comply, but now they say the Trump administration has gone 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 DC residents and visitors at risk. The Administration’s unlawful actions are an affront to the dignity and autonomy of the 700,000 Americans who call DC home,” Schwalb said in a press release.
Hours earlier on Friday, US Attorney General Pam Bondi issued an order appointing Cole to take command of the force, and required MPD leaders to receive his approval before issuing new directives. Bondi also reportedly rescinded MPD orders limiting how officers could aid immigration enforcement.
In response, Schwalb issued a legal opinion stating that the order is unlawful and instructing Smith not to enforce it.
“Section 740 does not authorize this brazen usurpation of the District’s authority over its own government,” the lawsuit reads.
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