President Donald Trump decided that he would send National Guard soldiers to Washington, D.C., to deal with what he claimed was a serious crime problem.
A legal reporter for Politico walked through the various bizarre laws in place that make the District a unique entity when it comes to its relationship with the federal government.
Washington, D.C., is the only place in the United States that is already "subject to significant federal control," the report explained. Unlike territories like Puerto Rico, in D.C., the 1973 Home Rule Act gave the city more autonomy when it comes to the day-to-day operations of the city.
The federal government, including the U.S. Capitol Police and the U.S. Park Police, is responsible for maintaining all federal land and properties. Therefore, when Trump raises concerns about broken fountains and overgrown parks, it is important to note that the federal government is responsible for addressing these issues.
Every law passed by Washington, D.C., and even ballot initiatives passed by the citizens, must be approved by Congress. So, when D.C. voted to legalize marijuana, Congress blocked it.
Under the Home Rule law, Trump has anywhere from 48 hours to 30 days to occupy D.C. if he flags it for Congress ahead of time. After that, Trump has to have the occupation approved by the House and Senate.
On Monday, Newsom v. Trump will be argued in a California court, saying that Trump doesn't have the authority to deploy National Guard soldiers to Los Angeles unless certain conditions are met. That's not the case in D.C.
"Governors control the state guards (although the president can federalize the state guards in an emergency or for use in combat operations)," said Politico. "The District of Columbia, of course, has no governor, and the D.C. guard is not controlled by the mayor. Rather, the D.C. guard is always under the direct control of the president."
It's one of the primary reasons that so many people were calling Trump on Jan. 6, 2021, begging him to send in the National Guard.
In 1878, the Posse Comitatus Act was passed to block any president from using the military as civilian law enforcement in the U.S., but that might not be the case for Washington, D.C.
"Presidential use of the D.C. guard has rarely faced legal resistance because it has typically happened in cooperation with D.C. leaders," the report explained. "And the Justice Department has long maintained that the D.C. guard, unlike the other guards, can be used for ordinary law enforcement without violating Posse Comitatus."