Testimony March 9, 2026 DC Council · Committee on Judiciary & Public Safety

Protecting DC's Authority Over Its Own Public Safety

Capital Rights Lab testified on strategies to protect DC self-governance following the 2025 federal requisition of MPD under Section 740 of the Home Rule Act, and how the Council can build legal firewalls against a future takeover.

WitnessCapital Rights Lab
CommitteeJudiciary & Public Safety
SubjectHome Rule Act § 740, Federal MPD Takeover
FormatWritten Testimony · 4 pages

"The Home Rule Act was a hard-fought transfer of power from Congress to the People of the District. The Council can take immediate steps to protect that transfer from a future federal requisition."

Background

What Section 740 Did

Section 740 of the Home Rule Act authorizes the President to direct the Metropolitan Police Department to enforce federal law when a public emergency is declared. In 2025, the Trump administration invoked that authority for the first time since the provision's enactment, placing MPD under federal operational command. Capital Rights Lab has built the empirical record: of the 635 SCOTUS merits opinions issued between November 2020 and March 2026, zero engage the Home Rule Act or the District Clause as a limit on federal authority.

Key Recommendations

Two Steps the Council Can Take Now

1
Firewall MPD's Civilian Intelligence Infrastructure
Transfer MPD's civilian intelligence, data, and technology functions to the DC Homeland Security and Emergency Management Agency. A Section 740 requisition extends only to police officers, not to civilian analysts, databases, or surveillance systems. Transferring these functions to DCHSEMA insulates DC's surveillance and data infrastructure from the next federal requisition.
2
Pre-Negotiate a Regional Mutual Aid and Continuity Plan
Enter into mutual aid agreements with willing regional law enforcement partners, Maryland, Virginia, and municipal agencies, before the next emergency. A federal requisition cannot commandeer an officer employed by a different jurisdiction. Pre-negotiated continuity arrangements ensure DC residents retain access to local law enforcement even while MPD is under federal command.
Full Written Testimony · PDF · March 9, 2026 ↓ Download PDF