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There's a big, important limit on Trump's power to seize control of DC's police
There's a big, important limit on Trump's power to seize control of DC's police

Vox

time15 hours ago

  • Politics
  • Vox

There's a big, important limit on Trump's power to seize control of DC's police

is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. He received a JD from Duke University and is the author of two books on the Supreme Court. US Attorney for the District of Columbia Jeanine Pirro and President Donald Trump during his announcement that he will use his authority to place the DC Metropolitan Police Department under federal control, and that the National Guard will be deployed to Monday, President Donald Trump released an executive order invoking a rarely used federal law that allows him to temporarily seize control over Washington, DC's police force. Later the same day, DC's Democratic Mayor Muriel Bowser seemed to concede that there's nothing she can do about it. 'What I would point you to is the Home Rule Charter that gives the president the ability to determine the conditions of an emergency,' Bowser said Monday afternoon. 'We could contest that, but the authority is pretty broad.' SCOTUS, Explained Get the latest developments on the US Supreme Court from senior correspondent Ian Millhiser. Email (required) Sign Up By submitting your email, you agree to our Terms and Privacy Notice . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Bowser is almost certainly correct that Trump can seize control of her city's police force, at least for a little while. The District of Columbia is not a state, and does not enjoy the same control over its internal affairs that, say, nearby Virginia or Maryland does. The Constitution gives Congress the power to 'exercise exclusive Legislation in all Cases whatsoever' over the nation's capital. If Congress wanted to, it could turn DC into a federal protectorate tomorrow. In 1974, however, Congress enacted the District of Columbia Home Rule Act, which generally gives DC residents the power to elect the city's leaders. But that law contains an exception that allows the president to briefly take command of DC's police. 'Whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for federal purposes,' the law provides, the president may require the city's mayor to provide him 'such services of the Metropolitan Police force as the President may deem necessary and appropriate.' The same law, however, also provides that presidential control over DC police must terminate after 30 days, unless Congress takes some action to extend it. So, assuming that the courts actually apply this 30-day limit to Trump, Trump's control over DC's local police will only last a month at most. Indeed, Trump's own executive order seems to acknowledge that his powers are time-limited. The order requires Mayor Bowser to 'provide the services of the Metropolitan Police force for Federal purposes for the maximum period permitted under section 740 of the Home Rule Act.' The Home Rule Act, moreover, is fairly adamant that this 30-day limit is real. It provides that, absent congressional action, 'no such services made available pursuant to the direction of the President … shall extend for any period in excess of 30 days.' So, if Trump does try to extend the time limit without Congress's consent, the courts should not permit him to do so. Trump often uses 'emergency' powers to address ordinary things Trump loves to declare emergencies. In his first 100 days in office, he declared eight of them, more than any other president — including himself in his first term. His DC police order is just the latest of these emergency declarations. Trump claims that 'crime is out of control in the District of Columbia,' and this supposed situation justifies invoking emergency powers to take control of DC's police. The idea that DC faces a genuine emergency is a farce. As pretty much everyone who has written about Monday's executive order has noted, violent crime rates in the city are at a 30-year low. So, even if you concede that crime is such a problem in DC that it justifies a federal response, that problem has existed for three decades. A persistent problem is the opposite of an emergency. That said, Bowser is correct that the Home Rule Act's text permits the president, and the president alone, to determine whether an emergency exists that justifies taking control of DC's police. The relevant language of the statute provides that Trump may invoke this power 'whenever the President of the United States determines that special conditions of an emergency nature exist.' Broadly speaking, it makes sense to give the president unreviewable authority to decide when to invoke certain emergency powers. The very nature of an emergency is that it is a sudden event that requires immediate action, without which matters could deteriorate rapidly. Think of a heart attack, a major natural disaster, or an insurrection. Suppose, for example, that a violent mob attacks the US Capitol during an important national event, such as the congressional certification of a presidential election. When Congress enacted the Home Rule Act, it quite sensibly could have thought that the president should be able to draw upon all nearby law enforcement officers to quell such an attack on the United States — without having to first seek permission from local elected officials, or a judge. Congress, of course, did not anticipate that the president might be complicit in such an attack. But that doesn't change the fact that the statute says what it says. A nation as large and diverse as the United States cannot function unless its chief executive has the power to take some unilateral actions. If a president abuses that authority, the proper remedy is often supposed to be the next election. It's worth noting that not every emergency statute is worded as permissively as the Home Rule Act's provision governing local police. In May, for example, a federal court struck down many of the ever-shifting tariffs that Trump imposed during his time back in office. One of the plaintiffs' primary arguments in that case, known as V.O.S. Selections v. Trump, is that Trump illegally tried to use an emergency statute to address an ordinary situation. Trump primarily relied on a statute known as the International Emergency Economic Powers Act of 1977 (IEEPA) to justify his tariffs. That law gives him fairly broad authority to 'regulate' international transactions, but this power 'may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared.' Thus, the text of IEEPA is quite different from the text of the Home Rule Act. While the Home Rule Act permits the president to act whenever he determines that an emergency exists, IEEPA imposes two conditions on the president. One is that there must be an emergency declaration, but the other is that the president must invoke IEEPA to deal with an actual 'unusual and extraordinary threat.' Trump claims that many of his tariffs are justified because of trade deficits — the United States buys more goods from many nations than it sells — but the US has had trade deficits for at least two decades. So trade deficits are hardly an 'unusual and extraordinary threat.' Some of Trump's invocations of emergency power, in other words, are vulnerable to a legal challenge. But the question of whether any particular invocation may plausibly be challenged in court will turn on the specific wording of individual statutes. Will the courts actually enforce the 30-day limit? All of this said, the Home Rule Act does contain one very significant limit on presidential power: the 30-day limit. And the statute is quite clear that this limit should not be evaded. Again, it states that 'no' services made available to the president 'shall extend for any period in excess of 30 days, unless the Senate and the House of Representatives enact into law a joint resolution authorizing such an extension.' (The law also permits Congress to extend this 30-day limit by adjourning 'sine die,' meaning that Congress adjourns without formally setting a date for its return, something it typically only does for a brief period every year.) So what happens if, a month from now, Trump declares a new emergency and tries to seize control of DC's police for another 30 days? If the courts conclude that he can do that, they would make a mockery of the Home Rule Act's text. Presidents should not be allowed to wave away an explicit statutory limit on their authority by photocopying an old executive order and changing the dates.

What is the Home Rule Act? Trump just invoked it to ‘rescue' Washington, DC
What is the Home Rule Act? Trump just invoked it to ‘rescue' Washington, DC

Miami Herald

time2 days ago

  • Politics
  • Miami Herald

What is the Home Rule Act? Trump just invoked it to ‘rescue' Washington, DC

President Donald Trump just invoked a decades-old law in a bid to crack down on crime in the nation's capital. In an Aug. 11 press conference, he said he was employing Section 740 of the District of Columbia Home Rule Act, permitting him to federalize the city's police department. 'I'm announcing a historic action to rescue our nation's capital from crime, bloodshed, bedlam and squalor and worse,' Trump said. 'This is Liberation Day in D.C., and we're going to take our capital back.' He also vowed to deploy the National Guard to 'restablish law, order and public safety,' mirroring tactics used during recent protests in Los Angeles. Multiple Democratic lawmakers condemned the president's move, denouncing it as an example of executive overreach and a political distraction. Passed by Congress in 1973, the District of Columbia Home Rule Act granted the city limited self-governing powers while leaving other authorities in federal hands. For the first time, it permitted D.C. residents to elect their own city council and mayor. However, it established significant oversight powers for Congress, including allowing lawmakers to review all legislation passed by the city council. 'The Home Rule Act is the result of the ongoing push by District residents for control of their own local affairs,' according to the city council's website. 'The existing local government is the most expanded form of self-government since the establishment of the District as the seat of the federal government.' Section 740 of the act — invoked by Trump — is concerned with the control of the police in emergency situations. 'Whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for Federal purposes, he may direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary and appropriate,' the section states. However, there are limits on the president's authority to federalize the city police. The president is only permitted to take control of the police department for a maximum of 48 hours without alerting Congress, the act states. But, if the president provides a written letter to the ranking members 'of the Committees on the District of Columbia of the Senate and the House of Representatives,' he may continue to exercise control of the police department for 30 days. After one month, this authority can only be extended by a joint resolution from the Senate and the House. Before invoking the legislation, Trump previously expressed interest in repealing the Home Rule Act, telling reporters on Aug. 5, 'We have to run D.C.' In his Aug. 11 press conference, Trump portrayed Washington, D.C. as a city plagued by lawlessness. 'Our capital city has been overtaken by violent gangs and bloodthirsty criminals, roving mobs of wild youth, drugged out maniacs and homeless people,' the president said. But, official data paints a more complicated picture. While D.C.'s crime rates remain higher than other cities by certain measures, they are steadily improving. So far in 2025, violent crime has decreased 26% year-over-year, with homicides down 12% and robberies down 28%, according to police department statistics. Total crime is also down by 7%. And in 2024, violent crime in the District of Columbia fell by 35% from 2023, reaching its lowest level in over three decades, according to the Department of Justice. Still, Washington's homicide rate in 2024 was among the highest of the nation's largest cities, behind St. Louis, New Orleans and Detroit, according to the Center for Public Safety Initiatives at Rochester Institute of Technology. The falling crime rate in the capital mirrors a broader national trend of reduced violent crime in recent years, following a pandemic-era surge, according to CBS News. FBI Director Kash Patel noted this positive progression during Trump's press conference, stating, 'The murder rates are plummeting. We are now able to report that the murder rate is on track to be the lowest in U.S. history, in modern reported U.S. history.'

Man dies after fall from balcony at Oasis Wembley gig
Man dies after fall from balcony at Oasis Wembley gig

The Advertiser

time04-08-2025

  • Entertainment
  • The Advertiser

Man dies after fall from balcony at Oasis Wembley gig

Oasis says its members are "shocked and saddened" after a man fell to his death during a concert by the band at London's Wembley Stadium. The Metropolitan Police force said officers and paramedics responded to reports of an injured person just before 10.30pm local time on Saturday. It said a man in his 40s was found "with injuries consistent with a fall." He was pronounced dead at the scene. The force urged anyone who saw what happened or caught it on phone video to contact police. "We are shocked and saddened to hear of the tragic death of a fan at the show last night," Oasis said in a statement, offering "sincere condolences to the family and friends of the person involved". A witness told the Daily Mail: "It was horrendous. "The guy fell from a balcony. Paramedics came rushing over. There was a lot of screaming and shouting. "It was a big fall. God knows how it happened. It was so tragic. I don't know how on Earth it happened. "It was heartbreaking. He was only young." The Britpop icons' first tour in 16 year s kicked off July 4 in Cardiff, Wales. Saturday's concert was the fourth of seven planned shows at Wembley. Stadium management said Sunday's gig would go ahead as planned. with PA Oasis says its members are "shocked and saddened" after a man fell to his death during a concert by the band at London's Wembley Stadium. The Metropolitan Police force said officers and paramedics responded to reports of an injured person just before 10.30pm local time on Saturday. It said a man in his 40s was found "with injuries consistent with a fall." He was pronounced dead at the scene. The force urged anyone who saw what happened or caught it on phone video to contact police. "We are shocked and saddened to hear of the tragic death of a fan at the show last night," Oasis said in a statement, offering "sincere condolences to the family and friends of the person involved". A witness told the Daily Mail: "It was horrendous. "The guy fell from a balcony. Paramedics came rushing over. There was a lot of screaming and shouting. "It was a big fall. God knows how it happened. It was so tragic. I don't know how on Earth it happened. "It was heartbreaking. He was only young." The Britpop icons' first tour in 16 year s kicked off July 4 in Cardiff, Wales. Saturday's concert was the fourth of seven planned shows at Wembley. Stadium management said Sunday's gig would go ahead as planned. with PA Oasis says its members are "shocked and saddened" after a man fell to his death during a concert by the band at London's Wembley Stadium. The Metropolitan Police force said officers and paramedics responded to reports of an injured person just before 10.30pm local time on Saturday. It said a man in his 40s was found "with injuries consistent with a fall." He was pronounced dead at the scene. The force urged anyone who saw what happened or caught it on phone video to contact police. "We are shocked and saddened to hear of the tragic death of a fan at the show last night," Oasis said in a statement, offering "sincere condolences to the family and friends of the person involved". A witness told the Daily Mail: "It was horrendous. "The guy fell from a balcony. Paramedics came rushing over. There was a lot of screaming and shouting. "It was a big fall. God knows how it happened. It was so tragic. I don't know how on Earth it happened. "It was heartbreaking. He was only young." The Britpop icons' first tour in 16 year s kicked off July 4 in Cardiff, Wales. Saturday's concert was the fourth of seven planned shows at Wembley. Stadium management said Sunday's gig would go ahead as planned. with PA Oasis says its members are "shocked and saddened" after a man fell to his death during a concert by the band at London's Wembley Stadium. The Metropolitan Police force said officers and paramedics responded to reports of an injured person just before 10.30pm local time on Saturday. It said a man in his 40s was found "with injuries consistent with a fall." He was pronounced dead at the scene. The force urged anyone who saw what happened or caught it on phone video to contact police. "We are shocked and saddened to hear of the tragic death of a fan at the show last night," Oasis said in a statement, offering "sincere condolences to the family and friends of the person involved". A witness told the Daily Mail: "It was horrendous. "The guy fell from a balcony. Paramedics came rushing over. There was a lot of screaming and shouting. "It was a big fall. God knows how it happened. It was so tragic. I don't know how on Earth it happened. "It was heartbreaking. He was only young." The Britpop icons' first tour in 16 year s kicked off July 4 in Cardiff, Wales. Saturday's concert was the fourth of seven planned shows at Wembley. Stadium management said Sunday's gig would go ahead as planned. with PA

A man falls to his death during an Oasis concert at London's Wembley Stadium
A man falls to his death during an Oasis concert at London's Wembley Stadium

NBC News

time03-08-2025

  • Entertainment
  • NBC News

A man falls to his death during an Oasis concert at London's Wembley Stadium

LONDON — Oasis said Sunday that its members are 'shocked and saddened' after a man fell to his death during a concert by the band at London's Wembley Stadium. The Metropolitan Police force said officers and paramedics responded to reports of an injured person just before 10:30 on Saturday night It said a man in his 40s was found 'with injuries consistent with a fall.' He was pronounced dead at the scene. The force urged anyone who saw what happened or caught it on phone video to contact police. 'We are shocked and saddened to hear of the tragic death of a fan at the show last night,' Oasis said in a statement, offering 'sincere condolences to the family and friends of the person involved.' The Britpop icons' first tour in 16 year s kicked off July 4 in Cardiff, Wales. Saturday's concert was the fourth of seven planned shows at Wembley.

A man fell to his death during an Oasis concert at London's Wembley Stadium
A man fell to his death during an Oasis concert at London's Wembley Stadium

San Francisco Chronicle​

time03-08-2025

  • Entertainment
  • San Francisco Chronicle​

A man fell to his death during an Oasis concert at London's Wembley Stadium

LONDON (AP) — Oasis said Sunday that its members are 'shocked and saddened' after a man fell to his death during a concert by the band at London's Wembley Stadium. The Metropolitan Police force said officers and paramedics responded to reports of an injured person just before 10:30 (2130GMT) on Saturday night It said a man in his 40s was found 'with injuries consistent with a fall.' He was pronounced dead at the scene. The force urged anyone who saw what happened or caught it on phone video to contact police. 'We are shocked and saddened to hear of the tragic death of a fan at the show last night,' Oasis said in a statement, offering 'sincere condolences to the family and friends of the person involved.' The Britpop icons' first tour in 16 year s kicked off July 4 in Cardiff, Wales. Saturday's concert was the fourth of seven planned shows at Wembley. Stadium management said Sunday's gig would go ahead as planned.

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