When President Donald Trump declared a crime emergency in Washington D.C. last week, his order called for a complete federal takeover of the Metropolitan Police Department, which immediately prompted a lawsuit filed by city officials.
After a federal judge threatened to rule against Trump’s order, however, the administration backed off from the initial demand and instead settled for a compromise deal, according to the New York Post.
Now, rather than replace the MPD’s embattled chief with a federal appointee, the chief will remain in that role with some federal oversight and an agreement for the department to cooperate on the enforcement of immigration laws, despite the city’s “sanctuary” status for illegal aliens.
Trump’s order challenged
On Monday, President Trump issued an executive order that declared a crime emergency in the nation’s capital and invoked a rarely used section of the Home Rule Act to assert federal control over the district, which included seizing operational control of the MPD.
Per that order, Attorney General Pam Bondi moved to oust MPD Chief Pamela Smith and replace her with an interim police commissioner, Drug Enforcement Administration head Terry Cole, but city officials, led by D.C. Attorney General Brian Schwalb, cried foul in a lawsuit that sought to block the president’s takeover of the department.
That led to a contentious court hearing on Friday in front of D.C. District Judge Ana Reyes, a Biden appointee, who expressed skepticism that the Home Rule law gave Trump the authority for a complete takeover of the MPD, though she did concede that it likely granted the president substantial power over the city and its police force.
Compromise agreement reached
During Friday’s hearing, according to The Hill, Judge Reyes said that she was prepared to rule that Cole’s appointment as interim commissioner was unlawful, but first gave both sides in the dispute an opportunity to address the situation themselves without her involvement.
“The way I read the statute, the president can ask, the mayor must provide, but the president can’t control,” she said.
After a couple of hours of intense negotiations behind the scenes, an agreement was reached, and a new directive signed by Attorney General Bondi was submitted to the court.
The compromise left Chief Smith in command of the MPD, but installed Cole as a designated overseer who could make requests for the federal government. It also directed the MPD to assist in the enforcement of immigration laws, including “locating, apprehending, and detaining” unlawful aliens, “notwithstanding” the city’s statutes that bar cooperation on immigration with federal law enforcement.
Further, the MPD was directed to comply with all “database inquiries” and “requests for information,” as well as to enforce local statutes against the “unlawful occupancy of public spaces,” which is part of the president’s effort to address the homelessness problem in the district.
Judge signals her approval of new deal
The Hill reported that Judge Reyes signaled her approval of the new agreement and likelihood that it would survive judicial scrutiny, and said, “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.”
As for D.C. AG Schwalb, he expressed skepticism that the federal government would abide by its end of the deal and vowed to return to court immediately if the city felt further legal action was necessary.
Another hearing will likely be held next week to check on the status of the new arrangement and address any questions that may remain.
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Author: Ben Marquis
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