Attorney General Pam Bondi’s directive effectively replacing the Washington, D.C., police chief was “unlawful,” the capital’s attorney general wrote in a late Thursday memo, as President Donald Trump’s takeover of the city’s law enforcement devolved into a legal clash of powers.
The memo from Attorney General Brian Schwalb argues that Bondi’s order hours earlier naming an “emergency police commissioner” and vacating district rules limiting local police cooperation with immigration authorities could not be followed by the city’s police force.
The memo for Police Chief Pamela Smith said local officers must continue to follow her orders over Bondi’s under Schwalb’s interpretation of the law, setting up a potential legal clash between the heavily Democratic district and the Republican administration.
Washington Mayor Muriel Bowser wrote on social media that “there is no statute that conveys the District’s personnel authority to a federal official.”
The Trump administration, stepping up its crackdown on policing in the nation’s capital, on Thursday named the head of the Drug Enforcement Administration to be Washington’s “emergency police commissioner” with all the powers of the police chief — a significant move that increases national control over the city as part of the federal government’s law-enforcement takeover.
Attorney General Pam Bondi said in a directive issued Thursday evening that DEA boss Terry Cole will assume “powers and duties vested in the District of Columbia Chief of Police.” The Metropolitan Police Department “must receive approval from Commissioner Cole” before issuing any orders, Bondi said. It was not immediately clear where the move left Pamela Smith, the city’s current police chief, who works for the mayor.
The attorney general’s directive comes hours after Smith directed MPD officers to share information with immigration agencies regarding people not in custody — such as someone involved in a traffic stop or checkpoint. The Justice Department said Bondi disagreed with the police chief’s directive because it allowed for continued enforcement of “sanctuary policies.”
Bondi said she was rescinding that order as well as other MPD policies limiting inquires into immigration status and preventing arrests based solely on federal immigration warrants. All new directives must now receive approval from Cole, the attorney general said.
The police takeover is the latest move by President Donald Trump to test the limits of his legal authorities to carry out his agenda, relying on obscure statutes and a supposed state of emergency to bolster his tough-on-crime message and his plans to speed up the mass deportation of people in the U.S. illegally.
It also marks one of the most sweeping assertions of federal authority over a local government in modern times. While Washington has grappled with spikes in violence and visible homelessness, the city’s homicide rate ranks below those of several other major U.S. cities and the capital is not in the throes of the public safety collapse the administration has portrayed.
The late-night announcement came after an eventful day in the ongoing federal operation. Smith’s earlier directive effectively brought together Trump’s moves on city law enforcement and his nationwide efforts to curb immigration, and Trump had praised it in the hours before Bondi’s announcement.
“That’s a very positive thing, I have heard that just happened,” Trump said of Smith’s order. “That’s a great step. That’s a great step if they’re doing that.”
A population already tense from days of ramp-up began seeing more significant shows of force across the city Thursday. National Guard troops watched over some of the world’s most renowned landmarks and Humvees took position in front of the busy main train station. Volunteers helped homeless people leave long-standing encampments — to where, exactly, was often unclear.
Department of Homeland Security police stood outside Nationals Park before and after a game Thursday between the Washington Nationals and the Philadelphia Phillies. Drug Enforcement Administration agents patrolled The Wharf, a popular nightlife area, while Secret Service officers patrolled the Foggy Bottom neighborhood.
Washington Mayor Muriel Bowser, walking a tightrope between the Republican White House and the constituency of her largely Democratic city, was out of town Thursday for a family commitment in Martha’s Vineyard but would be back Friday, her office said.
A boost in police activity, federal and otherwise
For an already wary Washington, Thursday marked a notable — and highly visible — uptick in presence from the previous two days. The visibility of federal forces around the city, including in many high-traffic areas, was striking to residents going about their lives. Trump has the power to take over federal law enforcement for 30 days before his actions must be reviewed by Congress, though he has said he’ll re-evaluate as that deadline approaches.
The response before Thursday had been gradual and, by all appearances, low key. But on Wednesday night, officers set up a checkpoint in one of D.C.’s popular nightlife areas, drawing protests. The White House said 45 arrests were made Wednesday night, with 29 people arrested for living in the country illegally; other arrests included for distribution or possession of drugs, carrying a concealed weapon and assaulting a federal officer.
Troops were stationed outside the Union Station transportation hub as the 800 Guard members who have been activated by Trump start in on missions that include monument security, community safety patrols and beautification efforts, the Pentagon said.
“They will remain until law and order has been restored in the District as determined by the president, standing as the gatekeepers of our great nation’s capital,” Pentagon press secretary Kingsley Wilson said. “The National Guard is uniquely qualified for this mission as a community-based force with strong local ties and disciplined training.”
Wilson said the troops won’t be armed and declined to give more details on what the safety patrols or beautification efforts would entail or how many Guard members have already been sent out on the streets.
National Guard Major Micah Maxwell said troops will assist law enforcement in a variety of roles, including traffic control posts and crowd control. The Guard members have been trained in de-escalation tactics and crowd control equipment, Maxwell said.
The White House said Thursday that Guard members aren’t making arrests but are “protecting federal assets, providing a safe environment for law enforcement officers to make arrests, and deterring violent crime with a visible law enforcement presence.”
Although the current deployment is taking place under unprecedented circumstances, National Guard troops are a semi-regular presence in D.C., typically being used during mass public events like the annual July 4 celebration. They have regularly been used in the past for crowd control in and around Metro stations.
Trump on Thursday denied that the federal law enforcement officials he sent into Washington’s streets to fight crime have been diverted from priority assignments like counterterrorism. Asked if he was concerned about that, Trump said he’s using a “very small force” of soldiers and that city police are now allowed to do their job properly amidst his security lockdown.
For homeless residents, an uncertain time is at hand
Meanwhile, about a dozen homeless residents in Washington packed up their belongings with help from volunteers from charitable groups and staffers from some city agencies. Items largely were not forcibly thrown out by law enforcement, but a garbage truck idled nearby.
Several protesters held signs close by, some critical of the Trump administration. Once the residents had left, a construction vehicle from a city agency cleared through the remains of the tents.
The departures were voluntary, but they came in response to a clear threat from the Trump administration. Advocates expect law enforcement officers to fan out across D.C. in the coming days to forcibly take down any remaining homeless encampments. In Washington Circle, which still contains a few tents, city workers put up signs announcing “general cleanup of this public space” starting at 10 a.m. Monday.
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Associated Press journalists Jacquelyn Martin, Mike Pesoli, Darlene Superville and David Klepper contributed to this report.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)