Judge Hears D.C.’s Challenge to Federal Takeover of Police

DC is under Congressional authority. Congress can delegate that authority to the president, or to the local government. Which is to say trump's takeover is not 100% legal, but may be legal enough.
740a says otherwise. Trump has 100% authority to do what he is doing for 30 days then if he needs an extension Congress will have to grant it.
 
740a says otherwise. Trump has 100% authority to do what he is doing for 30 days then if he needs an extension Congress will have to grant it.
Not what it says. It says that if there is an "extraordinary emergency" then trump can take resources from the DC police for 48 hours, but then has to give written proof to Congress that there has been an extraordinary emergency. With that written proof he can get 30 more days, but then needs Congress to actually grant more time.

So let's start with whether there has been an "extraordinary emergency." DC does not seem different when trump declared the "extraordinary emergency", so it was not "extraordinary", nor much of an emergency.

Moving on, has trump provided written proof to Congress? No, so the next 30 days are arguably illegal too.

But all this is subjective. Which is to say it is neither 100% legal, nor 100% illegal.
 
Not what it says. It says that if there is an "extraordinary emergency" then trump can take resources from the DC police for 48 hours, but then has to give written proof to Congress that there has been an extraordinary emergency. With that written proof he can get 30 more days, but then needs Congress to actually grant more time.

So let's start with whether there has been an "extraordinary emergency." DC does not seem different when trump declared the "extraordinary emergency", so it was not "extraordinary", nor much of an emergency.

Moving on, has trump provided written proof to Congress? No, so the next 30 days are arguably illegal too.

But all this is subjective. Which is to say it is neither 100% legal, nor 100% illegal.
:oprah:

The President gets to decide what the extraordinary emergency
is.

SEC. 740. [D.C. Official Code ' 1-207.40] (a) Notwithstanding any other provision of law, 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, he may direct the Mayor to provide him, and the Mayor shall provide, such services ofthe Metropolitan Police force as the President may deem necessary and appropriate.
 
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The President gets to decide what the extraordinary emergency
is.
The law does not say that. The law says the president gets to declare an extraordinary emergency, but not gets to decide whether he has declared it correctly.

trump is required to have performed an investigation, and submitted proof to Congress. he has not. Lane is now going to claim that trump gets to decide what "written proof" is, and what writing is.
 
The law does not say that. The law says the president gets to declare an extraordinary emergency, but not gets to decide whether he has declared it correctly.

trump is required to have performed an investigation, and submitted proof to Congress. he has not. Lane is now going to claim that trump gets to decide what "written proof" is, and what writing is.
Nope Rarely Right Walter

:oprah:

"whenever the President of the United States determines that special conditions of an emergency nature exist"
 
The law does not say that. The law says the president gets to declare an extraordinary emergency, but not gets to decide whether he has declared it correctly.

trump is required to have performed an investigation, and submitted proof to Congress. he has not. Lane is now going to claim that trump gets to decide what "written proof" is, and what writing is.
The 1973 law allows the president to require the D.C. mayor to provide "such services of the Metropolitan Police force as the President may deem necessary and appropriate" for a period of 48 hours, a deadline that can be extended by up to 30 days by notifying Congress, which the president has done. Any extension beyond 30 days requires a joint resolution passed by the House and Senate.

 
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