The Department of Justice stepped back from appointing an emergency commissioner to lead Washington, D.C., police following a federal judge’s pointed concerns Friday.
The move comes after President Donald Trump invoked emergency powers earlier this week under the Home Rule Act, attempting to assert greater control over the Metropolitan Police Department (MPD).
Government attorneys announced during a hearing that Drug Enforcement Administration chief Terry Cole will now serve as Trump’s designee to request MPD services, rather than assuming full command of the department.
The DOJ said this adjustment came after nearly two hours of private discussions with U.S. District Judge Ana Reyes, who suggested Cole’s installation as commissioner could be deemed unlawful if the administration did not revise its approach.
“We’re rewriting this in the next 45 minutes,” Justice Department attorney Yaakov Roth told the judge.
A revised plan was later submitted, signed by Attorney General Pam Bondi.
The decision marks a temporary win for city officials in their lawsuit, which aims to preserve MPD Chief Pamela Smith’s authority over the police force.
However, the judge signaled that the administration may still succeed in certain areas, particularly in requesting MPD assistance with Immigration and Customs Enforcement operations.
“If the president declares an emergency with respect to whatnot, and says I want the services of the MPD to help ICE arrest illegal aliens, I don’t — I’m not sure that there’s anything wrong with that,” Reyes said during the hearing.
The court indicated additional proceedings on this and related issues are expected next week, per The Hill.
D.C. Attorney General Brian Schwalb’s office emphasized its readiness to return to court if the DOJ fails to follow through on the revised plan. Schwalb initially filed suit after Bondi’s order attempted to position Cole as the MPD’s emergency police commissioner.
The order also lifted certain MPD practices regarding cooperation with immigration enforcement, escalating the legal battle.
Trump invoked emergency powers citing a crime-related emergency, simultaneously deploying the National Guard as part of his effort to influence MPD operations. The administration’s attempt to install Cole as commissioner prompted an immediate legal challenge from city officials, forcing a hearing Friday.
Judge Reyes, an appointee of former President Joe Biden, underscored the unique nature of the case. She is the first judge in the roughly 50-year history of the Home Rule Act to evaluate the emergency provision Trump invoked. Her cautionary stance ultimately influenced the DOJ to adjust its plans without court intervention.
“This is an unprecedented situation,” a source close to the court proceedings said. “The administration’s emergency powers are being tested in real time, and the city isn’t backing down from defending its authority over local law enforcement.”
The DOJ’s retreat underscores the tension between federal authority and local governance in D.C., highlighting potential limits of emergency powers. While Trump’s administration still retains the ability to request MPD support for ICE operations, the court’s involvement ensures additional oversight and legal scrutiny.
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Author: Anthony Gonzalez
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