Trump’s Fake D.C. “Crime Emergency” Is Really an Authoritarian Police Takeover
Inside the lawsuit, the lies, and the legal showdown that could decide whether Trump can federalize blue cities on a whim.
Donald Trump’s latest “emergency” is about as real as his bone spurs, but it’s already landed in federal court, and the outcome could determine whether the president can militarize city streets on nothing more than a campaign talking point.
On paper, Trump’s move rides on Section 740 of the D.C. Home Rule Act, a narrow provision meant for short-term crises where the president needs the Metropolitan Police Department’s help for federal purposes. It’s the kind of law designed for moments like the 1968 riots in D.C. or the 1992 Los Angeles unrest; brief, specific, and in cooperation with local officials. The law never intended to license anyone to conduct a hostile takeover of a local police force.
But on Monday, Trump declared a “crime emergency” in the District, a “Hall of Fame Trumpian lie,” as legal analyst Harry Litman calls it. Violent crime in D.C. is at a 21st-century low and dropping. In fact, just months ago, Trump himself was publicly bragging about the city’s safety numbers. The sudden pivot from “safe” to “hellscape” wasn’t triggered by a wave of criminal activity; it was triggered by politics.
Enter Pam Bondi, Trump’s loyal attorney general, with an August 14th order that reads less like a public safety measure and more like a coup memo. Bondi didn’t just direct the police chief to assign officers for a specific federal task, the only thing Section 740 actually authorizes. She fired the police chief in all but name, installed DEA Administrator Terrence C. Cole as “emergency commissioner,” and handed him full operational control over MPD. She suspended multiple MPD policies, most of them designed to prevent local police from being conscripted into federal immigration enforcement.
Those policies weren’t random. They’re the guardrails that keep D.C. police from checking immigration status during routine stops, from honoring ICE detainers without criminal charges, and from assisting with the enforcement of civil immigration law. In one stroke, Bondi erased them, turning the “crime emergency” into a vehicle for Trump’s immigration crackdown.
Katie Phang’s breakdown of the 33-page lawsuit D.C. filed the next morning makes clear just how far beyond the law this goes. The suit isn’t trying to pretend Section 740 doesn’t exist; it’s showing how Trump and Bondi trampled its limits.
The legal core is threefold:
No specific emergency - The Home Rule Act requires the president to identify “special conditions of an emergency nature” with enough specificity to know when the emergency ends. Trump offered nothing but generic fearmongering. Without a defined end point, the “emergency” becomes a blank check for indefinite federal control.
Scope exceeded - Section 740 lets the president direct the MPD to provide specific services for federal purposes. It does not authorize firing the police chief, supplanting the chain of command, rewriting departmental policy, or conscripting local police into unrelated enforcement schemes.
Constitutional and administrative violations - The complaint lays out breaches of the Administrative Procedure Act, the separation of powers, and the “Take Care” clause, all tied to the fact that Congress never gave the president the authority to commandeer local law enforcement in this way.
Harry Litman zeroes in on the statutory landmine: even if a court gives the president wide discretion to declare an “emergency,” there’s nothing in Section 740 that permits the Bondi-style decapitation of local leadership. That’s the argument most likely to stick, and the one that judges understand carries real public safety risks. When two different chains of command think they’re in charge of a police force, chaos follows. On an active crime scene, it’s not just confusion, it’s an invitation for tragedy.
And then there’s Judge Anna Reyes, the Biden-appointed jurist now presiding over the case. Michael Popak, another trusted legal analyst, notes her reputation for sharp, fact-driven questioning and her refusal to be cowed by government lawyers. She’s already dismantled Trump-era overreach before, in one case, humiliating DOJ attorneys defending the transgender military ban by using their own logic against them. Trump’s DOJ retaliated with a bar complaint, which is still pending, and will almost certainly be the excuse his lawyers trot out to demand her recusal. It’s unlikely to work, but it’s a taste of the procedural mudslinging to come.
If Reyes grants a stay or injunction, she’ll likely frame it as an administrative stay, a move that blocks Trump’s takeover without giving him an easy appeal route. That would keep MPD under its rightful command while the court weighs the merits, and it would blunt Trump’s immediate political win.
Make no mistake: this is not a quirky D.C.-only dispute. It’s a trial balloon for nationwide authoritarian policing. Trump has made no secret of his desire to send federal forces into “Democrat-run cities,” a category that includes every major blue metro area in the country. If he can hijack MPD under a fake emergency, replace its leadership, and turn it into an arm of his immigration policy, he can, and will, do the same to Philadelphia, Chicago, Portland, Los Angeles, or anywhere else he can gin up a crime panic.
This isn’t just about the D.C. Home Rule Act or a single police department. It’s about whether the courts will enforce the limits Congress wrote into the law, or whether a president can blow past them on the strength of a press conference and a sycophant’s signature.
Bondi’s order is a blueprint for bypassing local governance, and Trump’s “crime emergency” is the fig leaf covering it. Strip that away, and what’s left is an outright seizure of power, one designed to test how far he can push before the courts push back.
The question now is whether Judge Reyes will draw that line sharply enough to stop this from becoming the new normal. If she does, it won’t just be a win for D.C.; it’ll be a message to the rest of the country that we’re not yet living in Trump’s police state. If she doesn’t, start bracing for the knock-on effects because this won’t stop at the D.C. border.
For contrast to this newsletter’s excellent reporting, I just checked out the New York Times. Its headlines and coverage obscure how illegal and abnormal Bondi’s actions in DC are. As the Trump coup unfolds, legacy media is not accurately conveying the “first draft of history”.
Excellent read!!! I continue to have faith that the courts must and will hold the line. SCOTUS has been the biggest disappointment to me….the 6 Democratic judges have failed the American people by trampling all over the Constitution. I don’t know if it is legally possible but I would love to see an amendment to remove lifetime appts of Supreme Court justices.