When U.S. Attorney General Pam Bondi issued Order 6370-2025 in August 2025 vesting DEA Administrator Terry Cole with all powers of the DC Chief of Police, did MPD officers have to start obeying Cole?
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This page answers the general question as of 2025. Ask about yours and see what current District of Columbia law means for your facts, with citations you can check.
Plain-English summary
On August 14, 2025, U.S. Attorney General Pamela Bondi issued Order 6370-2025, titled "Restoring Safety and Security to the District of Columbia." The Order purported to vest "all powers and duties of the Chief of Police" of the DC Metropolitan Police Department in DEA Administrator Terrence C. Cole, designating him "Emergency Police Commissioner." It also purported to rescind one MPD Executive Order, suspend two MPD General Orders, direct MPD to enforce DC laws on unlawful occupancy of public spaces, and rescind any MPD directives in conflict with the Bondi Order.
DC Attorney General Brian Schwalb issued this opinion to MPD Chief Pamela Smith on August 14. He concluded that the Bondi Order was unlawful and Smith was not legally obligated to follow it.
The legal hook is § 740 of the Home Rule Act, which gives the President authority to "direct the Mayor" to provide MPD services for federal purposes during emergencies. The opinion says that section does not let the President or a delegee:
- Remove or replace the Chief of Police
- Alter the MPD chain of command
- Demand services directly from the Chief or MPD (rather than through the Mayor)
- Rescind or suspend MPD orders or directives
- Set MPD's general enforcement priorities or otherwise determine how DC pursues purely local law enforcement
The Bondi Order tried to do all five things. It was therefore ultra vires.
The opinion also explains the District's chain of command. The Home Rule Act vests District executive power in the Mayor, who appoints agency heads including MPD's Chief. Under D.C. Code § 5-127.03, the police force has a "duty to respect and obey the Chief of Police as the head and chief of the police force." Schwalb said Smith had been duly appointed by the Mayor and confirmed by the Council.
The opinion's bottom-line directive: regardless of the Bondi Order, "no official other than [Chief Smith] may exercise all the powers and duties of the Chief of Police or issue any executive orders, general orders, or other written directives that apply to members of MPD."
What this means for you
If you are an MPD officer
The opinion instructs MPD members to continue following Chief Smith's orders rather than those of an official not appointed by the Mayor. It says no other official may issue executive orders, general orders, or other written directives that apply to MPD members. The opinion does not address disciplinary or criminal consequences for any individual officer.
If you are an MPD command-staff member
Schwalb said the Bondi Order lacked authority to rescind or suspend MPD orders. Apply the opinion's chain-of-command analysis when reviewing a purported change to MPD directives.
If you are a DC resident, business owner, or visitor
The opinion says the Mayor appoints the MPD Chief and directs District agencies through their heads. It addresses the Bondi Order's attempted change to MPD command, not the powers of individual federal agencies.
If you are a federal officer or employee
Section 740's authority runs through the Mayor, according to the opinion. The Bondi Order could not use that section to demand services directly from MPD or replace its Chief.
Common questions
Q: What is § 740 actually for?
A: Section 740 lets the President direct the Mayor to provide MPD services for federal purposes to address special emergency circumstances. The opinion says that direction goes to the Mayor and does not authorize replacing the Chief or directing MPD personnel directly.
Q: Could Congress have authorized the Bondi Order's actions? A: The opinion analyzes the authority conferred by § 740 as it stood on August 14, 2025. It does not assess any proposed congressional amendment.
Q: What if the President personally (rather than AG Bondi) had issued the Order? A: The opinion says § 740 does not authorize the President or a delegee to replace the Chief. The authority it identifies is to direct the Mayor to provide MPD services for federal purposes during emergency circumstances.
Q: Does the opinion say how the dispute was resolved?
A: No. It states the DC Attorney General's view on August 14, 2025, shortly after he reviewed the Bondi Order. It does not report later litigation or a final resolution.
Q: Could this happen again?
A: The opinion explains what § 740 authorized on August 14, 2025. Check current law and the terms of any later order before applying that analysis to a new dispute.
Citations
Statutes
- Home Rule Act § 740 (President's emergency request authority)
- Home Rule Act § 422, D.C. Official Code § 1-204.22 (Mayoral executive power)
- D.C. Official Code § 5-105.01(a-1)(1) (Mayor appoints MPD Chief)
- D.C. Official Code § 5-127.03 (police duty to obey Chief)
Federal orders and MPD documents
- U.S. Attorney General Order 6370-2025 ("Bondi Order"), Aug. 14, 2025
- MPD Executive Order EO-25-005
- MPD General Orders GO-PER-201.26, GO-PCA-702.01
Official title
Legal Effect of U.S. Attorney General Order 6370-2025, "Restoring Safety and Security to the District of Columbia"
Source
- Index page: https://oag.dc.gov/about-oag/our-structure-divisions/legal-counsel-division/opinions-attorney-general
- Original PDF: https://oag.dc.gov/sites/default/files/2025-08/AG-Opinion-Letter-from-B-Schwalb-to-P-Smith-.pdf
License
This opinion is published by the Office of the Attorney General for the District of Columbia. Per the DC.gov terms of use, content is licensed under Creative Commons Attribution 3.0, which permits commercial use, redistribution, and modification with attribution.
Original opinion text
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Brian Schwalb
Attorney General
August 14, 2025
OPINION OF THE ATTORNEY GENERAL
Re: Legal Effect of U.S. Attorney General Order 6370-2025, “Restoring Safety and Security to the District of Columbia” Pamela A. Smith Chief of Police Metropolitan Police Department Executive Office of the Chief of Police 441 4th Street, NW | Washington, DC 20001 Dear Chief Smith: I have reviewed Order No. 6370-2025 (Bondi Order), “Restoring Safety and Security to the District of Columbia,” issued late this evening by United States Attorney General Pamela Bondi. The Bondi Order purports to vest all powers and duties of the Chief of Police in Drug Enforcement Administrator Terrence C. Cole as “Emergency Police Commissioner” of the Metropolitan Police Department (MPD). It also purports to rescind MPD Executive Order EO-25-005, as well as suspend provisions of General Orders GO-PER-201.26 and GO-PCA-702.01. It further directs MPD to enforce District laws and regulations pertaining to unlawful occupancy of public spaces and to rescind any MPD directives that conflict with any provision of the Bondi Order. It is my opinion that the Bondi Order is unlawful, and that you are not legally obligated to follow it. Section 740 of the Home Rule Act provides the President with the authority to direct the Mayor to provide services of the Metropolitan Police Department in order to address special circumstances of an emergency nature and for federal purposes. It does not authorize the President, or his delegee, to remove or replace the Chief of Police; to alter the chain of command within MPD; to demand services directly from you, MPD, or anyone other than the Mayor; to rescind or suspend MPD orders or directives; or to set the general enforcement priorities of MPD or otherwise determine how the District pursues purely local law enforcement. The Bondi Order is, therefore, ultra vires. In addition, the Home Rule Act vests the executive power of the District in the Mayor. See D.C. Code § 1-204.22. Pursuant to this power, the Mayor appoints the heads of various District agencies, including MPD. See D.C. Code § 5-105.01(a-1)(1). The Mayor also has the authority under the Home Rule Act, “through the heads of administrative . . . agencies,” including MPD, to “supervise and direct the activities of such . . . agencies.” D.C. Code § 1-204.22(4). Under District law, it is the “duty of the police force to 1
respect and obey the Chief of Police as the head and chief of the police force, subject to the rules, regulations, and general orders of the Council of the District of Columbia and the Mayor of the District of Columbia.” D.C. Code § 5-127.03. Having been duly appointed by the Mayor and confirmed by the Council, you are the lawfully appointed Chief of Police of the District of Columbia. Therefore, members of MPD must continue to follow your orders and not the orders of any official not appointed by the Mayor. Regardless of the Bondi Order, no official other than you may exercise all the powers and duties of the Chief of Police or issue any executive orders, general orders, or other written directives that apply to members of MPD. Sincerely,
Brian L. Schwalb
Attorney General for the District of Columbia
2
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