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The Washington Post is reporting that President Trump indicated that he might take direct control of the D.C. Metropolitan Police Department to quell the riots. This appears a reference to Section 1-207.40. Unlike the Insurrection Act, this provision is ...
...written in mandatory terms and no qualifications. The law gives the President the discretion ("may direct") and gives the Mayor a mandatory obligation ("shall provide") the services specified by the President. In other words, he could take effective control in tasking ...
...the D.C. police with deployment or enforcement roles. "Emergency" is left ambiguous under the law but few courts would question that rioting qualifies. In other words, this could be used by the President in any dispute over his plan to "dominate the streets."
Notably, Gov. Cuomo just raised his own authority to take over the streets in New York City after criticizing the performance of Mayor de Blasio and the NYPD. In the case of Washington, it remains a federal enclave and even more subject to such authority.
foxnews.com/us/cuomo-de-bl…
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