Updated August 12, 2025 at 1:57 PM AKDT
President Trump's rationale for taking over the Washington, D.C., police force and deploying the National Guard is "out of touch with the facts on the ground," says D.C. Attorney General Brian Schwalb.
On Monday, Trump — surrounded by the heads of the Defense, Justice and Interior departments, as well as the FBI director — vowed to crack down on criminals and homeless people living in the U.S. capital. Scores of federal agents from various agencies were reassigned to patrolling the capital over the weekend.
"Our capital city has been overtaken by violent gangs and bloodthirsty criminals, roving mobs of wild youth, drugged-out maniacs and homeless people," Trump said as he announced a plan to send in the National Guard and take over the Metropolitan Police Department (MPD) for at least the next 30 days. The Justice Department this year announced that violent crime in Washington had hit a 30-year low.
In an interview with Morning Edition, Schwalb called Trump's move "unprecedented" and said his office was watching closely to ensure the Home Rule Act and constitutional law are being followed. He added that federal law allows Trump to request the services of MPD only for emergencies.
"The MPD under the direction of the president still has to comply with the law. And that means not engaging in excessive police force, unconstitutional police force or unconstitutional policing," Schwalb said.
Schwalb spoke to NPR's Michel Martin about the takeover and what legal options his office and residents have if they feel policing becomes unlawful under Trump, who said officers will be able to do "whatever the hell they want."
This interview has been edited for length and clarity.
Interview highlights
Michel Martin: Let's go back to the stated rationale for this — that there is an emergency. D.C. Police Union Chairman Greggory Pemberton apparently agrees. He issued a statement saying, "Crime is out of control and our officers are stretched beyond their limits." How do you respond to that?
D.C. Attorney General Brian Schwalb: Well, I want to take just a quick step backwards to frame where we are. Violent crime has far-reaching impacts on victims and communities and families. There is no more important thing for a government to do to make sure that people are safe. No one deserves to be the victim of a crime, and public safety has been and remains the No. 1 priority for the District of Columbia.
Martin: So is crime out of control, and are officers stretched beyond their limits?
Schwalb: I think that the president's statements yesterday [Monday] are out of touch with the facts on the ground here in the District of Columbia. We have had a record reduction in crime across the city over the last couple of years since I [took office] in 2023. Crime has come down consistently over time. And as the Justice Department has announced, we are at 30-year lows with respect to violent crime in our city.
Martin: So federal authorities are calling this a takeover. Are you clear about what this means? I'm thinking particularly about operational details like who gives the orders, who decides who goes where? What governs the use of force? Who will coordinate operations between the National Guard — who've also been called up — and the Metropolitan Police? Do you know any of these details?
Schwalb: So I'm very concerned, and my office and I are taking a close look at the very question you're asking about operational control, because even under the Home Rule Act, which gives the president some limited authority, command and control over the police department is not divested from the mayor and the chief of police. The law passed by Congress, the Home Rule Act, provides that the president, under limited special circumstances of an emergency, can request the services of MPD for a federal purpose. And I am concerned very much that the law is being complied with. The law does not allow a federal takeover of MPD. And we are watching very closely the facts on the ground as to whether or not Chief [Pamela] Smith, as she said yesterday, is in control of MPD and making command-and-control decisions for the force.
Martin: So D.C. Mayor Muriel Bowser called this whole operation unsettling and unprecedented. But essentially she indicated that the city is going to comply. You, on the other hand, called the order "unprecedented, unnecessary, unlawful." So what does that mean for you? You have been a party to other lawsuits against Trump administration policies along with other attorneys general from other places that have considered some of these policies unlawful. Do you intend to sue over this, and if so, where and at what venue?
Schwalb: Well, I'm more interested in trying to make sure we solve problems and try to get ourselves back on track. And I'm watching very carefully what's happening on the ground. The president made certain statements at the press conference yesterday. The executive order is a little bit different than what the president said in terms of the scope of what is in play here. And we're watching very carefully as to whether this is going to change the operations of MPD, because even under the limited authority that the president has under the Home Rule Act, he does not have the authority to take over MPD.
Martin: So I want to go back to President Trump's statement that the police can do "whatever the hell they want." How do you interpret that?
Schwalb: I'm concerned about a statement like that, because even when MPD, under the limited circumstances of Section 740 of the Home Rule Act — and by the way, this is totally unprecedented in the history of our city. It's never been the case that a president has tried to invoke this limited power. But even under those circumstances, the Constitution applies. Civil liberties and civil rights. In our city, local laws apply. The MPD under the direction of the president still has to comply with the law. And that means not engaging in excessive police force, unconstitutional police force or unconstitutional policing. Our MPD is a professional law enforcement agency committed to professional constitutional policing, and that has to remain, even if the limited circumstances of a Section 740 invocation are in place.
Martin: Let's say someone has a complaint, for example, about excessive force. Under current governance of the city, there's a process for that. What would be the process under this regimen over the next 30 days?
Schwalb: The laws in the process do not change, even if we are in a limited period of time, and under the Home Rule Act, any declaration of special circumstances of an emergency are limited in time. They are required to be dedicated to a federal purpose, not general local law enforcement. The laws remain in place, and the Constitution and people's civil liberties and civil rights remain …
Martin: So what do they do? Let's say someone has a complaint. They feel that they were treated inappropriately, roughly, rudely, physically, abusively. To whom do they complain? What do they do?
Schwalb: The same processes that exist today are the same that existed before yesterday's announcement by the president.
Martin: So you say you're taking a wait-and-see attitude about this. How are you going to be assessing this? Are you going to be waiting for a sort of public response, or how are you going to assess whether you think the administration has been overbroad in its interpretation of its authority?
Schwalb: I think it's very important for us to know it's only one day after the president's announcement. The president said a lot of things during the announcement that are different than what was stated in the executive order. And we're going to watch very closely to make sure that we are fully aware of what's happening on the ground with respect to our MPD, keeping the district and district residents and visitors safe.
Martin: We heard from the head of the police union. Have you heard from any other people in the rank and file of the police about how they feel about this?
Schwalb: I think the professionals at MPD want to do their job. They want clear lines of command, and they are committed to keeping the District of Columbia safe in a professional way. And I hope they will be allowed to do that.
This digital article was edited by Treye Green. The radio version was produced by Milton Guevara and Destinee Adams.
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