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Jed Rubenfeld: Is Trump’s Takeover of D.C. Lawful?
President Donald Trump holds up a list of homicide rates from around the world as well as Washington, D.C., as he speaks at a press conference in D.C. on August 11, 2025. (Eric Lee/The Washington Post via Getty Images)
The capital’s attorney general says Trump’s actions are ‘unprecedented’ and ‘unnecessary.’ Who is right?
By Jed Rubenfeld
08.12.25 — U.S. Politics
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Join Jed Rubenfeld and political columnist Matthew Continetti live today at 3 p.m. for a conversation about the legal and political ramifications of Trump’s D.C. takeover. This livestream is available for paid subscribers, so be sure to subscribe to join the conversation.

Declaring yet another emergency—this time a crime emergency in the nation’s capital—President Donald Trump has seized control of the District of Columbia’s police department and promised to deploy 800 National Guardsmen there as well.

According to Trump, “Crime is out of control in the District of Columbia” and “urgently endangers public servants,” with a “dire impact on the Federal Government’s ability to operate efficiently.” According to D.C.’s attorney general, Brian Schwalb, there is “no crime emergency” in the capital, and Trump’s actions are “unprecedented, unnecessary, and unlawful.”

Are Trump’s actions “unlawful”? It may seem hard to believe that the president can take armed control of an American city. But because of peculiarities in the way the District of Columbia is governed, Trump has more power over D.C. than any other city in the United States, and he seems to be well within his legal authority—for now.

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
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