Trump can only legally take control of Washington D.C.’s police force for 30 days without congressional approval.
Key Facts
Trump released an executive order Monday that directed Washington, D.C.’s Metropolitan Police Department (MPD) to be temporarily under federal control, citing “special conditions of an emergency nature” that require the city’s police force to be used “for federal purposes.”
He also directed Defense Secretary Pete Hegseth to deploy National Guard troops to the city, saying in an order that troops should be deployed “to address the epidemic of crime in our Nation’s capital.”
Trump said he was taking control of the city’s police force under the Home Rule Act that lays out how Washington is run, which gives the president authority to use MPD “for federal purposes” in emergency situations, but only for 30 days, unless Congress approves an extension.
The president’s move to deploy the National Guard is less legally questionable in the district than in other U.S. cities—like when Trump sent troops to Los Angeles—as federal law broadly gives the president control over Washington, D.C.’s National Guard, and there are fewer legal restrictions on him deploying those troops.
Monday’s executive orders could still face legal challenges, however, as Washington, D.C., Attorney General Brian Schwalb said Trump’s actions are “unprecedented, unnecessary, and unlawful” and the district is “considering all of our options and will do what is necessary to protect the rights and safety of District residents.”How Does The Home Rule Act Allow Trump To Control D.c. Police?
The Home Rule Act, passed in 1973, says the president can inform the mayor he’s taking federal control of the MPD whenever he “determines that special conditions of an emergency nature exist” that necessitate using the district police force. The law states the president can only use the city’s police “for federal purposes,” however, which Georgetown Law professor Steven Vladeck notes means Trump cannot legally control how the police force carries out its other duties.
