Fight over policing DC moves to Congress as parties split on control

The U.S. Capitol is many things.

Legislative assembly. Art museum. Historic site.

And apparently now, city hall.

The battle over the federal government policing the streets of Washington, D.C. – and perhaps other big cities like Chicago and Los Angeles – is headed for the biggest city council in the world: the halls of Congress.

Just don’t ask lawmakers where to obtain a wedding license. Or where the planning department is so they can look into that property easement.

When Congress returns to session in September, debate about Washington, D.C.’s “home rule” and the role of federal police in Washington will command much of lawmakers’ attention.

The District of Columbia is a federal city – ultimately answering to Congress and the president. And with thousands of National Guard troops now patrolling the streets, the role of those troops hinges on what lawmakers decide to do about it.

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D.C. had no control over its own affairs until Congress granted the capital city “home rule” in 1973. That established a city council and a mayor. However, Congress could always intervene and supplant local authority.

Expect Democratic lawmakers to try to restore more local control over the Washington, D.C., streets via legislation when Congress reconvenes. And anticipate that Republicans will do their best to wrest power from the city.

The 1973 Home Rule Act authorizes the president to seize control of the city’s police for up to a month if an “emergency” exists. President Trump is well versed in declaring everything from the border to trade policy an “emergency.” So Mr. Trump took advantage of that legal loophole to dispatch National Guard troops onto the streets of Washington.

Rep. Andy Biggs, R-Ariz., is pushing legislation to allow President Trump to run police operations in the District of Columbia for six months. Biggs also wants to alter the section of the Home Rule Act for potential emergencies in the future. President Trump controls the D.C. National Guard since the District of Columbia is not a state. The local home rule provision doesn’t limit how long the president can deploy forces.

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Biggs has been busy. The Arizona Republican also crafted a bill to crack down on cash bail for Washington, D.C., defendants. Biggs’s measure would prohibit defendants from skipping out on court appearances under the premise that they’ll pay up if let free after an arrest.

Not to be outdone, Rep. Anna Paulina Luna, R-Fla., prepped a measure giving the president the power to control D.C. – under the emergency provisions – for as long as he wants. Rep. Andy Ogles, R-Tenn., wants to grant President Trump the authority to run the capital until his term expires in January 2029.

Ogles has already teamed up with Sen. Mike Lee, R-Utah, to write a bill which essentially strips Washington, D.C., of all home rule.

These are all plans Republicans have for the city. However, this is legislation we’re talking about. And it’s unclear if any of this could skate through the GOP-controlled House with a narrow majority. House Republicans now hold a 219-212 margin after the resignation of former Rep. Mark Green, R-Tenn., in July. And while most Republican lawmakers are no fan of D.C. and want to support President Trump, it’s not a done deal that the House can pass anything.

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Some House Republicans could reject the legislation under the premise that they support “federalism” and would prefer local people to control local affairs – even if D.C. faces a crime problem. Moreover, they worry about the precedent they could set for a Democratic president and what he or she may do when they’re in power.

Regardless, advancing any of this through the United States Senate is tough. Legislation requires two rounds of 60 yeas to break filibusters. And Republicans only command 53 Senate seats. In addition, the Senate has never shown the same level of interest in meddling with Washington, D.C.’s affairs compared to the House of Representatives.

So those are the Republican plans. One can envision the Democrats’ efforts are to either protect D.C. from such congressional or presidential intervention – or undo President Trump’s action via legislation. But while Democrats often band together to safeguard the city from outside influences, Washington must often rely on regional lawmakers like Sens. Tim Kaine, D-Va., and Chris Van Hollen, D-Md., to do the hard work. D.C. has one non-voting delegate to the House, Del. Eleanor Holmes Norton, D-D.C. And no senators.

In addition, Republicans have tapped into a narrative that Washington, D.C., isn’t safe. So that works outside the Beltway. It also doesn’t burn much political capital for congressional Republicans to meddle in D.C.’s local affairs – if that’s what President Trump wants. So that pleases the GOP base.

By contrast, congressional Democrats must tread carefully. Crime in big cities is a hot-button issue. Republicans appear to have the public’s support on issues of “law and order” – and taking on large cities “run by Democrats.” If Democrats don’t finesse this the right way, it’s possible that a full-throated defense of the District of Columbia is not the message the party needs to send to swing voters they’re trying to court in the heartland.

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House Oversight Committee Chairman James Comer, R-Ky., has also set up eight separate requests for transcribed interviews with Washington, DC police commanders. The first comes on Sept. 23. Comer wants to hear from former 3rd District Commander Michael Pulliam. He’s now on leave after facing allegations of altering DC crime reports.

Regardless, the best thing that D.C. home rule may have going for it right now is the calendar.

It’s nearly September. And even though controversies about the National Guard in the streets of the nation’s capital command news oxygen daily, Congress will likely spend most of September trying to avoid a government shutdown. The deadline to do that is October 1. So heavy concentration on keeping the federal lights on may give D.C. a brief reprieve.

But congressional oversight over D.C. isn’t evaporating any time soon. Congress is essentially a type of super-city council for the District of Columbia. Which means the Capitol is kind of like city hall.

It has long been said that “you can’t fight city hall.” And with Republicans now in charge, there may be little that congressional Democrats can do to pry back local power in the nation’s capital.