The Department of Justice (DOJ) has reversed its decision to appoint an emergency commissioner to oversee the Metropolitan Police Department (MPD) in Washington, D.C., after a federal judge questioned the legality of such an action. The shift occurred in the wake of President Donald Trump's invocation of emergency powers earlier this week, under the Home Rule Act, to assume greater authority over the MPD.
During a recent hearing, government attorneys revealed that Terry Cole, chief of the Drug Enforcement Administration, would act as Trump's representative for requesting MPD services, rather than taking full command of the department. This adjustment was a direct response to U.S. District Judge Ana Reyes's concerns that Cole's installation as commissioner might be unlawful without a revised approach by the administration.
Justice Department attorney Yaakov Roth informed Judge Reyes that changes to the plan would be made promptly. Subsequently, a revised plan, signed by Attorney General Pam Bondi, was submitted. The revision represents a temporary victory for D.C. city officials in their lawsuit aimed at preserving the authority of MPD Chief Pamela Smith over the police force. However, the judge indicated that the administration could still achieve success in some areas, particularly in requesting MPD assistance for Immigration and Customs Enforcement (ICE) operations.
The court's involvement in the case underscores the delicate balance between federal authority and local governance in the nation's capital and highlights the potential constraints on emergency powers. While the Trump administration maintains the capacity to seek MPD support for ICE activities, the judicial oversight ensures further legal scrutiny.
The initial order from the DOJ, which had sought to instate Cole as the emergency police commissioner for the MPD, also aimed to modify certain MPD practices concerning cooperation with immigration enforcement, intensifying the legal confrontation. President Trump had cited a crime-related emergency in his use of emergency powers, also deploying the National Guard in an effort to influence MPD operations.
Judge Reyes, a Biden appointee, has become the first judge in the Home Rule Act's roughly 50-year history to evaluate such an emergency provision. Her cautious stance necessitated the DOJ's revision of its plans, avoiding direct court intervention.
"This is an unprecedented situation," a source close to the court proceedings commented. "The administration's emergency powers are being tested in real-time, and the city isn't backing down from defending its authority over local law enforcement."
The DOJ's retreat from its original plan is emblematic of ongoing tensions between federal authority and D.C.'s local governance, with the outcome of this case likely to set precedents for the limits of such emergency powers.
