Updated @ 11:08 AM EDT on August 13, 2025
D.C. Attorney General Brian Schwalb says President Trump’s justification for assuming control of the city’s police department and deploying the National Guard is “out of touch with the facts on the ground.”
Trump pledged to crack down on criminals and the homeless in the U.S. capital on Monday while flanked by the chiefs of the Justice, Defense, and Interior departments and the director of the Federal Bureau of Investigation. Over the weekend, a large number of federal agents from several agencies were dispatched to police the capital.
“Our capital city has been overtaken by violent gangs and bloodthirsty criminals, roving mobs of wild youth, drugged-out maniacs, and homeless people,” Trump declared as he revealed his intention to deploy the National Guard and assume control of the Metropolitan Police Department (MPD) for a minimum of 30 days. This year, the Justice Department declared that violent crime in Washington had fallen to its lowest level in thirty years.
Schwalb described Trump’s action as “unprecedented” in an interview with Morning Edition, adding that his office was closely monitoring the situation to make sure the Home Rule Act and constitutional legislation were being adhered to. He went on to say that Trump is only permitted by federal law to call on MPD’s assistance in an emergency.
“The MPD, which is led by the president, is still required to abide by the law. And that entails refraining from using disproportionate or unconstitutional force, as well as from engaging in unconstitutional policing,” Schwalb stated.
In an interview with NPR’s Michel Martin, Schwalb discussed the takeover and the legal recourse available to his office and locals if they believe that policing has become illegal under Trump, who claimed that police officers will be free to do “whatever the hell they want.”
The length and clarity of this interview have been adjusted.
Interview highlights
Michel MartinLet’s return to the claimed justification for this, which is that an emergency exists. Greggory Pemberton, the chairman of the D.C. Police Union, seems to concur. In a statement, he said that “crime is out of control and our officers are stretched beyond their limits.” What are your thoughts about that?
Brian Schwalb, Attorney General of D.C.:To frame where we are, I would like to take a brief step back. The effects of violent crime on victims, communities, and families are profound. There is nothing more crucial that a government can undertake to ensure public safety. Public safety has been and continues to be the District of Columbia’s top priority because no one should have to be the victim of a crime.
MartinSo, is crime out of control, and are police officers overworked?
Schwalb: In my opinion, the president’s remarks from yesterday [Monday] don’t reflect the reality in the District of Columbia. In the past two years since I [took office] in 2023, we have seen a record decrease in crime throughout the city. Over time, crime has steadily decreased. Additionally, the Justice Department has declared that our city’s violent crime rate is at its lowest level in thirty years.
MartinThus, this is being referred to as a takeover by federal officials. Do you understand what this means? I’m specifically considering operational elements, such as who issues instructions and who makes decisions about who travels where. What controls the application of force? Between the Metropolitan Police and the National Guard, who have also been called up, who will coordinate operations? Are you aware of any of these specifics?
SchwalbEven under the Home Rule Act, which grants the president some limited authority, command and control over the police department remain with the mayor and the chief of police, which is why I’m extremely concerned and my office is closely examining the exact question you’re asking about operational control. According to the Home Rule Act, a provision established by Congress, the president may ask MPD to serve for a federal purpose in certain exceptional emergency situations. And the fact that the legislation is being followed worries me greatly. The government takeover of MPD is prohibited by law. And as she stated yesterday, we are actively monitoring the situation on the ground to determine whether Chief [Pamela] Smith is in charge of MPD and is making command-and-control choices for the force.
MartinThus, Mayor Muriel Bowser of D.C. described the entire operation as unprecedented and unnerving. In essence, though, she said the city will comply. However, you described the order as “unprecedented, unnecessary, unlawful.” What does that signify for you, then? Along with attorneys general from other jurisdictions who have deemed some Trump administration policies illegal, you have been a party to additional litigation against these policies. If yes, where and at what location do you plan to file a lawsuit over this?
Schwalb: Well, I’m more concerned with ensuring that we find solutions to issues and work to put ourselves back on course. And I’m keeping a close eye on what’s going on on the ground. During yesterday’s press conference, the president said a few things. Regarding the extent of the situation at hand, the executive order differs slightly from the president’s remarks. And we’re keeping a close eye on whether this will alter how MPD operates because, even with the limited power granted to him by the Home Rule Act, the president lacks the ability to take over MPD.
MartinI want to return to the assertion made by President Trump that the police are free to do “whatever the hell they want.” What do you make of that?
SchwalbThat kind of statement worries me since, even in the limited conditions of Section 740 of the Home Rule Act, MPD is completely unique in our city’s history. No president has ever attempted to use this restricted authority. However, the Constitution still holds true in certain situations. civil rights and civil liberties. Local laws are applicable in our city. The president-directed MPD is nevertheless required to abide by the law. And it include abstaining from excessive or unconstitutional use of force by law enforcement. Even under the specific conditions of a Section 740 invocation, our MPD must continue to operate as a professional law enforcement organization dedicated to professional constitutional policing.
MartinAssume, for instance, that someone has complained about using too much force. There is a procedure for such under the city’s present administration. How would this regimen be carried out during the course of the following 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
MartinSo 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.
MartinSo 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.
MartinWe 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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