‘Hostile Takeover’: DC Sues the Trump Administration

Washington DC Attorney General Brian Schwalb filed a lawsuit against the Trump administration this morning. The lawsuit came after US Attorney General Pam Bondi ordered the city to accept the current head of DEA, Terry Cole, as a replacement police commissioner. The city is hoping to get a temporary restraining order to prevent this from happening while the case is fought over in court.

Less than 12 hours after the Trump administration seemingly replaced Washington, D.C.’s, police chief with a federal officer, the District is headed to federal court to block the move.

D.C. Attorney General Brian Schwalb filed a lawsuit against the federal government Friday, claiming President Donald Trump has far exceeded the authority granted him in D.C.’s Home Rule Act, the Administrative Procedure Act and the U.S. Constitution.

Schwalb is seeking a temporary restraining order and to block U.S. Attorney General Pam Bondi’s Thursday night order naming the head of the Drug Enforcement Administration as D.C.’s “emergency police commissioner” with all the powers of the police chief.

It also aims to ensure that Metropolitan Police Department Chief Pamela Smith remains in control of D.C.’s police department.

Here’s a bit of what AG Schwalb said about this, declaring it a “hostile takeover.”

“By declaring a hostile takeover of (Metropolitan Police Department), the Administration is abusing its limited, temporary authority under the Home Rule Act, infringing on the District’s right to self-governance and putting the safety of DC residents and visitors at risk,” Schwalb said in a statement. “The Administration’s unlawful actions are an affront to the dignity and autonomy of the 700,000 Americans who call DC home. This is the gravest threat to Home Rule that the District has ever faced, and we are fighting to stop it.”

Schwalb posted a longer defense of the lawsuit on X. 

The federal government’s power over DC is not absolute, and it should not be exercised as such.

Section 740 of the Home Rule Act permits the President to request MPD’s services.

But it can only be done temporarily, for special emergencies, and solely for federal purposes.

— AG Brian Schwalb (@DCAttorneyGen) August 15, 2025

On Monday, the President signed an Executive Order invoking Section 740 and declaring he was placing MPD under direct federal control.

And last night, the US Attorney General issued an order to replace Chief Smith with a federal official, rescind MPD policies, and take over MPD.

— AG Brian Schwalb (@DCAttorneyGen) August 15, 2025

This is an affront to the dignity and autonomy of the 700,000 Americans who call DC home.

Our office will go to court to defend Home Rule, block the unlawful orders, and maintain MPD under District control.

We have no choice but to stand up for DC residents’ rights and safety.

— AG Brian Schwalb (@DCAttorneyGen) August 15, 2025

If you want to read the full lawsuit, it’s here. Mayor Muriel Bowser was actually out of town yesterday when all of this started. She had to travel to Martha’s Vineyard to pick up her daughter.

Friends — as you know, I’m both a mom and mayor, raising a delightful 7 year old on my own. This week, I cancelled a scheduled family trip to lead our city’s crisis management efforts. I also made the more difficult decision to not disrupt my daughter’s camp plans. I needed to…

— Mayor Muriel Bowser (@MayorBowser) August 14, 2025

President Trump highlighted her departure on Truth Social. Nevertheless, Mayor Bowser made it clear this morning that she was on board with the lawsuit and expected the current police chief to remain in command.

Let us be clear about what the law requires during a Presidential declared emergency: it requires the mayor of Washington, DC to provide the services of the Metropolitan Police Department for federal purposes at the request of the President.

We have followed the law.

In… pic.twitter.com/XfaNqLalFU

— Mayor Muriel Bowser (@MayorBowser) August 15, 2025

The letter pictured in that tweet is directed to Pamela Smith the current (former?) police chief for the city. The letter ends by saying, “members of the MPD must continue to follow your orders and not the orders of any official not appointed by the Mayor.”

So who is currently in control of the DC police? It’s not clear. Even if Chief Smith remains in control, it would seem she would still be required to follow the orders of the federal government. Basically, DC is arguing Trump’s emergency powers under the Home Rule Act don’t extend to personnel decisions. But again, even if that’s so, no one seems to be suggesting that Chief Smith can ignore AG Bondi.

There’s a hearing scheduled for later this afternoon before Judge Ana Reyes, a Biden appointee. So we won’t have to wait too long to see if the Trump administration is dealing with another injunction or TRO.

Finally, President Trump also left town today for his summit with President Putin in Alaska. So he probably won’t be devoting much attention to the DC situation in the near term.