ACS Condemns Misuse of Law Enforcement, Military in D.C.

FOR IMMEDIATE RELEASE
Contact: Nancy Rodriguez, media@acslaw.org 

Washington, DC – The American Constitution Society today released the following statement in response to President Donald Trump’s decision to take over the D.C. Police and deploy the National Guard in our Nation’s capital: 

“The American Constitution Society condemns President Trump’s misuse of law enforcement and our military to create a federal police state in our Nation’s capital and undermine civil liberties and constitutional rights.  

At a time when crime in the District of Columbia is at a 30-year low, the President of the United States announced this morning that he has declared a public safety emergency in the District and is taking control of the District’s Metropolitan Police Department (MPD) and deploying 800 members of the D.C. National Guard to “fight crime” in the District. The last time the National Guard was deployed in the District was to quell the insurrection incited by the President on January 6, 2021. Four years later, one of his first acts at the start of his second term was to pardon more than 1,500 people who participated in that attack on our Capitol.   

This morning’s announcement comes on the heels of the White House’s announcement last Thursday that federal law enforcement officers were being surged to the District for a seven-day period to implement the President’s Executive Orders purporting to prevent crime and preserve order in D.C. and throughout the country. This includes ramping up immigration enforcement and removing unhoused people from the streets and forcing them into involuntary commitment.   

These brazen and belligerent power grabs are unprecedented in American history. We must all stand up and demand that the civil liberties and constitutional rights of D.C. residents and visitors are protected and that the federal government adheres to the District of Columbia Home Rule Act.  

As a constitutionally created federal district, D.C. has long struggled for political autonomy and statehood. The District of Columbia is in a unique position compared to states. In addition to having no representation in Congress, D.C. does not have full control of its own laws, criminal prosecutions, courts, or National Guard. Although it has had more control since the D.C. Home Rule Act was enacted in 1973, the President controls the D.C. National Guard. Section 740 of the Act also allows the President to take control of the MPD for a limited period of time “whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for Federal purposes.” Congress must approve longer periods of control and can limit this authority.   

Make no mistake: the President’s actions today have nothing to do with “crime” or “safety” in the District. This is about control. The President is already threatening to take similar action in cities across the country. The people of D.C. deserve the right to govern themselves and should not be guinea pigs in the President’s experiment in authoritarian rule.   

ACS stands in solidarity with the people of D.C., including its members, Chapter leaders, and staff in the District. ACS calls on Congress to use its authority to end this baseless and dangerous action that only serves to intimidate the diverse population of the District and police black and brown people and immigrants.   

The right to protest, embodied in the First Amendment's protection of speech and assembly, is foundational to the health and vibrancy of our multiracial, pluralistic democracy. ACS supports the rights of all who choose to express their dissent through peaceful protest and encourages all protestors to know their rights.” 

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AMERICAN CONSTITUTION SOCIETY
The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that redress the founding failures of our Constitution, strengthen our democratic legitimacy, uphold the rule of law, and realize the promise of equality for all, including people of color, women, LGBTQ+ people, people with disabilities, and other historically excluded communities. For more information, visit us at www.acslaw.org.