President Trump on Monday announced he was taking federal control of D.C.’s police department and deploying the National Guard in the city in an attempt to fight crime.
“Our capital city has been overtaken by violent gangs and bloodthirsty criminals, roving mobs of wild youth, drugged-out maniacs and homeless people, and we’re not going to let it happen anymore. We’re not going to take it,” the president said.
The president is taking over the Metropolitan Police Department (MPD) via the District of Columbia Home Rule Act’s Section 740. Congress passed the act in the 1970s to give D.C. control over its local affairs.
Here’s what you need to know about the history and background of Section 740:
What is the Home Rule Act?
The D.C. City Council states on its website that the Home Rule Act “is the result of the ongoing push by District residents for control of their own local affairs.”
In 1790, Congress created the federal district to be the nation’s capital. The Constitution states that the district lies under the jurisdiction of the legislative branch. While D.C. residents can participate in the presidential election with three electoral votes, they do not have a member of Congress who can vote on legislation.
In the wake of the passage of the Home Rule Act in 1973, D.C. was allowed a council and mayor. But Congress still “reviews all legislation passed by the Council before it can become law and retains authority over the District’s budget,” even under the D.C. government established by the act.
What is Section 740?
Section 740 is a portion of the Home Rule Act that states if a president “determines that special conditions of an emergency nature exist,” D.C.’s mayor has to lend them “such services of the Metropolitan Police Force as the President may deem necessary and appropriate.”
A president cannot take over those powers for more than 48 hours unless, amid that period, they give an explanation of their reasons to Congress. There is also a limit of 30 days on those powers, even if Congress receives notification.
What has led to Trump’s use of Section 740?
Trump has again threatened to federalize D.C. in the wake of the alleged beating of a young man in an attempted carjacking in Washington two weekends ago. The man is Edward Coristine, who received attention earlier this year for being part of Elon Musk’s Department of Government Efficiency and for his nickname, “Big Balls.”
Last week, Trump posted a message on social media featuring a photo of a bloodied Coristine and the president’s sentiments that crime in the nation’s capital was “totally out of control.” However, Trump did not name Coristine in that post. Trump also said “if D.C. doesn’t get its act together, and quickly, we will have no choice but to take Federal control of the City, and run this City how it should be run.”
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