Summary
President Donald Trump said Wednesday that he wants to extend the control of the Washington DC police force beyond 30 days they were granted, but he will need the approval of the Congress to do so, although Trump said Wednesday that he does not need it.
Key data
- Trump said at a press conference on Wednesday that he wants to extend the control of his administration on the Washington Metropolitan Police Department (MPD) “in the long term”, stating that his administration will “ask for extensions” because the initial period of 30 days is too short.
- This week, Trump signed an executive order that allows the federal government to temporarily take the control of the MPD “for federal purposes”, as part of the efforts of its administration to stop the alleged crime in the city.
- The president assumed the control of the MPD under a section of the Local Government Law (Home Rule Act) that regulates the operation of Washington DC, which establishes that the mayor can provide the President with the police services when “there are special emergency conditions” that require using the MPD “for federal purposes”.
- Trump said Wednesday that he can extend his control of the MPD “without Congress” if it is a “national emergency”, but that comes into direct conflict with the law, which establishes that the federal government can only use the MPD for 30 days without the approval of the Congress.
- Unless the Congress is in recess when the federal government takes control of the MPD, which was not the case here, the control can only be extended beyond 30 days if “the Senate and the House of Representatives approve a concurrent resolution that authorizes said extension”, according to the Local Government Law.
- This means that if Trump tries to extend his control of the MPD for more than 30 days without Congress, Washington officials could have legal foundations to sue the president and put an end to the use of the police force.
Main critic
“That is nonsense. It is simply true,” said Joseph Nunn, a lawyer for Brennan Center for Justice who studies the domestic activities of the US Army. Uu., Forbes about Trump’s statements about extending police control without Congress without Congress. “Declating a national emergency could unlock several emergency powers that the president possesses. None of them allows him to take control of the Metropolitan Police Department. None is relevant to this situation.”
Soser context:
Trump will seek to extend beyond 30 days his control over the Washington Police
Will Trump achieve the approval of Congress to extend the police occupation in DC?
The president could obtain the support of the Congress he needs to maintain control of the MPD, since the Republicans have a majority in both cameras, although the Democrats could try to use the Filibuster to block the resolution in the Senate. Trump said Wednesday that he would not face opposition from Republican legislators to extend police control, saying: “I think the Republicans in Congress will approve this practically unanimously.” It remains to be seen if some moderate conservatives could oppose the proposal.
How long can Trump use the army in Washington DC?
In addition to his executive order on the MPD, Trump also signed an executive order to deploy National Guard troops in the capital. The use of the National Guard by Trump is not subject to the 30 -day limit as with the MPD, and the president has less legal restrictions to use the National Guard in Washington than in other cities. Trump could also use other presidential powers to deploy military troops, such as invoking the insurrection law (Insurrection Act).
Key history
Trump announced the use of police and military force in Washington DC on Monday, after criticizing the city, which according to him, “has become one of the most dangerous cities in the world.” Trump has routinely denounced increases perceived in crime in cities governed by Democrats such as Washington, New York and Chicago, even when the evidence suggests otherwise; His intervention in Washington occurred after the violent crime in the city reached a historical minimum in 30 years.
In addition to Washington, the president previously deployed the National Guard in Los Angeles in response to protests against their immigration policies. This led the California government to demand the military use of Trump, arguing that he violated a law of the nineteenth century that prohibits to a large extent that the army participates in public security work. (The law does not apply in the same way in Washington DC) A judgment on whether Trump was allowed to deploy troops in Los Angeles concludes this Wednesday.
This article was originally published by Forbes US
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