DC DC-OAG-2025-08-14-AG-Opinion-Letter-from-B-Schwalb-to-P-Sm 2025-08-14

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?

Short answer: No. The Bondi Order was unlawful. Section 740 of the Home Rule Act lets the President direct the Mayor to provide MPD services for federal purposes during emergencies; it does not let the President or her delegee remove or replace the MPD Chief, alter the chain of command, suspend MPD orders, or set MPD's enforcement priorities. Chief Smith was the lawful Chief, appointed by the Mayor and confirmed by the Council, and MPD officers had to continue following her orders, not Administrator Cole's.

Disclaimer: This is an official DC Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed DC attorney for advice on your specific situation.

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.

Within hours, DC Attorney General Brian Schwalb issued this formal opinion to MPD Chief Pamela Smith. The conclusion: the Bondi Order was unlawful and Chief Smith was not legally required to follow it.

The legal hook is § 740 of the Home Rule Act, which gives the President limited authority to "direct the Mayor" to provide MPD services for federal purposes during emergencies. The text matters. Section 740 lets the President make a request to the Mayor; it does not let the President or any 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 walks through the underlying DC structure. Under Home Rule Act § 422, the executive power of the District is vested in the Mayor. The Mayor appoints heads of agencies including MPD (D.C. Code § 5-105.01(a-1)(1)). Under D.C. Code § 5-127.03, MPD officers have a statutory "duty to respect and obey the Chief of Police as the head and chief of the police force." Chief Smith was duly appointed by Mayor Bowser and confirmed by the Council. No federal official, including the U.S. Attorney General or her DEA delegee, has authority to displace that chain of command absent a separate Act of Congress.

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

Continue following Chief Smith's orders and direction. Orders or directives signed by Administrator Cole or any other federal official acting under the Bondi Order have no legal force. You face no DC-law disciplinary or criminal exposure for declining to follow them.

If you are an MPD command-staff member

Do not implement the Bondi Order's purported rescission or suspension of MPD orders. Those documents remain in effect under the lawful authority of the MPD Chief and ultimately the Mayor.

If you are a DC resident, business owner, or visitor

DC's police force operates under DC's mayoral authority. Federal agents (FBI, DEA, USMS, ICE, etc.) operate under federal statutes within their separate jurisdiction. The Bondi Order does not change that division of authority.

If you are a federal officer or employee

Section 740 lets the President request MPD services for federal purposes through the Mayor. It does not authorize federal officials to direct MPD personnel directly. Coordinate with MPD through the Mayor's office.

Common questions

Q: What is § 740 actually for?
A: Section 740 of the Home Rule Act (D.C. Code § 1-207.40) gives the President authority to direct the Mayor to provide MPD services "for federal purposes" during emergencies. It is the legal hook used historically during inaugurations, mass demonstrations, and security events affecting federal officials or property. The mechanism is mayor-directed: federal request goes to the Mayor, who then directs MPD.

Q: Could Congress have authorized the Bondi Order's actions?
A: Yes. Congress has plenary authority over the District under the District Clause (Art. I, § 8, cl. 17) and could amend the Home Rule Act to allow direct federal control of MPD. As of August 2025, Congress had not done so.

Q: What if the President personally (rather than AG Bondi) had issued the Order?
A: Same analysis. Section 740's request authority runs to the Mayor, not directly to MPD personnel. The President could request expanded MPD services through the Mayor, but could not unilaterally replace the Chief.

Q: How was this resolved?
A: The Bondi Order was the subject of subsequent litigation. As of the date of this AG opinion, Chief Smith remained in command of MPD, and the District prepared a legal challenge.

Q: Could this happen again?
A: Section 740's text remains in place. Any future federal attempt to displace MPD command would face the same analytic objections. The opinion is preserved as authoritative DC guidance on what § 740 authorizes and what it does not.

Citations

Statutes
- DC Home Rule Act § 740, D.C. Official Code § 1-207.40 (President's emergency request authority)
- DC 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"

Synopsis (as published on the DC AG opinions index)

Under section 740 of the Home Rule Act, may the Attorney General of the United States vest a federal official with all the powers and duties of the D.C. Chief of Police? No. The Home Rule Act provides the President with the authority to direct the Mayor to provide services of the Metropolitan Police Department, for federal purposes, in order to address special circumstances of an emergency nature. 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 the Chief, 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.

Source

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
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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