Congress should pass House Joint Resolution 115, which would terminate the emergency in Washington, D.C. declared by President Trump via executive order on August 11, according to a letter sent to congressional leadership by CREW.

In President Trump’s August 11 emergency declaration, he invoked Section 740 of the Home Rule Act, which allows the president to declare an emergency in D.C. and require the “services” of the Metropolitan Police Department for “Federal purposes,” which is the one  statutory exception to local control of MPD. 

Even under Section 740, Congress reserved day-to-day control of MPD to D.C.’s local elected officials, not to the federal government. And under Section 740, MPD services are to be used for “Federal purposes” under emergency conditions. By attempting to give the federal government full operational control of MPD, including its local law enforcement efforts, for the purpose of addressing crime in the city, which is at a 30-year low, President Trump has far exceeded his statutory authority under Section 740.

The Trump administration’s attempted D.C. takeover is a frightening step in President Trump’s ongoing weaponization of government against his perceived political opponents. Since returning to office, the Trump administration has used federal law enforcement to seemingly threaten and intimidate his critics, and is now encroaching on D.C. local affairs to intimidate the city’s residents. This aggressive use of law enforcement stands in stark contrast to President Trump’s conduct during the January 6, 2021 attack on the Capitol by a pro-Trump group, when he failed to promptly mobilize federal law enforcement as violence persisted in the Capitol for hours, resulting in the death of a Capitol Police officer and injuries to approximately 140 other law enforcement officers.

President Trump’s interference in local law enforcement matters is not limited to just D.C. In June, the Trump administration sent the California National Guard into Los Angeles to quell protests against the Trump administration’s immigration policy without the consent of the state’s governor, and the Pentagon is reportedly preparing to send the Illinois National Guard into Chicago despite the opposition of the state’s governor. Attempting to take over law enforcement in those cities disrupts the delicate balance of state and federal power established by the Constitution. 

The attempted D.C. takeover highlights the city’s precarious legal status and the need for statehood. It also may be a testing ground for more extreme authoritarian action in the future. Congress must stand up against this unjustified attack on D.C. and the Constitution by passing H.J. Res. 115 to end the D.C. takeover.

Read the letter here.

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