DC Attorney General rejects federal move to replace police chief amid Trump takeover
WASHINGTON - D.C. Attorney General Brian Schwalb late Thursday called a federal directive naming the head of the Drug Enforcement Administration as Washington’s "emergency police commissioner" unlawful and unenforceable.
"It is my opinion that the Bondi Order is unlawful, and that you are not legally obligated to follow it.," Schwalb wrote in a letter to Metropolitan Police Chief Pamela Smith.
The directive, issued hours earlier by U.S. Attorney General Pam Bondi, claimed DEA Administrator Terry Cole would assume "powers and duties vested in the District of Columbia Chief of Police."
READ MORE: DEA chief named DC emergency police commissioner in federal law enforcement takeover
Schwalb pushed back, arguing the move exceeds federal authority under the Home Rule Act. "Section 740 of the Home Rule Act provides the President with the authority to direct the Mayor to provide services of the Metropolitan Police Department in order to address special circumstances of an emergency nature and for federal purposes.," he wrote. "It does not authorize the President, or his delegee, to remove or replace the Chief of Police; to alter the chain of command within MPD; to demand services directly from you, MPD, or anyone other than the Mayor; to rescind or suspend MPD orders or directives; or to set the general enforcement priorities of MPD or otherwise determine how the District pursues purely local law enforcement."
"The Bondi Order is, therefore, ultra vires," Schwalb said, meaning that it is beyond its power.
READ MORE: 'I’m the mayor and he’s the president': Bowser navigates Trump’s DC takeover in FOX 5 exclusive
He reaffirmed that Mayor Muriel Bowser retains full executive control over MPD and that Chief Smith remains the department’s lawful leader.
The latest clash follows a sweeping federal crackdown earlier this week, when President Trump activated 800 National Guard troops and took over the city’s police department.
READ MORE: DC Mayor Bowser flies to Martha's Vineyard while city is under federal control
The Source: Information in this article comes from The Associated Press, The Metropolitan Police Department, the office of D.C. Attorney General Brian Schwalb and previous FOX 5 reporting.