DC Attorney General Brian Schwarb filed the lawsuit on August 15th by claiming that Trump had surpassed his authority by moving to control metropolitan police under the provisions of the Home Rules Act of 1973.
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- US District Judge Anna Reyes refused to block Trump’s takeover of the DC police, but she forced federal officials to order their changes through the mayor.
- DC Attorney General Brian Schwarb filed a lawsuit alleging that Trump exceeded his authority under the 1973 Home Rules Act, which took over police.
- Reyes said he will hold a hearing within a week to gather evidence on whether there is an emergency to justify Trump’s actions.
WASHINGTON – A federal judge has rejected an initial request from DC officials and refused to stop President Donald Trump from taking over the Metropolitan Police Department, which is approved in emergencies.
Instead, U.S. District Judge Ana Reyes told the Department of Justice on August 15 that she would rewrite Attorney General Pam Bondi’s orders to order federal officials to make changes to police that the mayor “does” rather than directly controlling police officers.
Reyes said he cannot determine other issues in the DC lawsuit against the Trump administration until after gathering evidence at next week’s hearing.
“I am not going to control today based on whether there is a national emergency or not,” said Reyes, appointed by former President Joe Biden. “I don’t think we can enter it in a meaningful way without an evidence hearing.”
Reyes has never awarded a police takeover under the DC’s 1973 Home Rules Act, so he asked the Department of Justice and DC’s lawyers to reach a temporary agreement rather than reaching a “crisis.” Trump became the first US president on August 11th to invoke provisions that temporarily oversee police.
Reyes said the law did not necessarily allow Trump through Bondi and her choice to require interim police commissioner Terry Cole to obtain permission from federal officials before performing his duties.
“I still don’t understand that through the Attorney General, through Mr. Cole, I can say, ‘You, the police department, unless I say I can’t do anything,'” Reyes said.
Bondi announced the new order on August 15th, repeatedly outlining police changes that Cole has been in federal communication with the police department and that “the mayor should provide it immediately.”
DC Attorney General Brian Schwarb argued in his case that Trump exceeded his authority when he summoned parts of federal law by declaring a local criminal emergency to take control of the police.
In his lawsuit, he was named Trump, Bondi, Cole, the US Drug Enforcement Director, and Bondi was named Emergency DC Police Commissioner, with former US S-Service Director Gadias Seralta as the accused.
Trump has taken control of DC police and deployed 800 National Guard troops to strengthen law enforcement and relocated homeless people, despite declining crime rates in the capital in 2024 and 2025. The law granted Trump the powers of DC because of the city’s unique position as a federal seat.
The emergency clause that Trump was called to grant him control of the police station for 30 days. He said he would propose a law for long-term control of the DC police, which he hoped would be approved almost unanimously by Republicans who govern Congress.
“The Trump administration has legitimate authority to assert control over the DC police, which is necessary for the emergencies that have arisen in our country’s capital as a result of a failure in leadership,” said White House spokesman Abigail Jackson.
DC Police Chief Pamela Smith has filed a statement pleading that police have “always worked with federal partners” including task forces such as Safe Street, money laundering, carjacking, firearm trafficking, drug trafficking and more.
However, Smith said Bondy’s order to take over police would strip him of control over policy and personnel, “since operational chaos within the MPD and pose a great risk to the public.”
“If effectiveness occurs, the Bondi Order overturns the command structure of the MPD, putting the safety of the public and law enforcement officers at risk,” Smith said. “My nearly 30 years of law enforcement have never seen one government action pose a greater threat to law and order than this dangerous directive.”
This story has been updated to include new information.
