Section 740 Explained: Rare law Trump is using to take over DC police and why it’s so extraordinary

WASHINGTON, DC: President Donald Trump announced on Monday, August 11, that he was taking federal control of DC’s police department and deploying the National Guard in the city to fight crime.

The Metropolitan Police, along with federal agencies tasked with helping curb crime in the nation’s capital, are seeking to figure out roles and strategy following the POTUS' announcement.

Section 740: The little-known law Trump used to seize control of DC police

Trump's move came under a rarely used section of The Home Rule Act.

Section 740 is a part of the Home Rule Act that states if a president "determines that special conditions of an emergency nature exist", the DC mayor has to lend them "such services of the Metropolitan Police Force as the President may deem necessary and appropriate."

The DC City Council states on its website that the Home Rule Act "is the result of the ongoing push by District residents for control of their own local affairs."

Congress formed the federal district to be the nation’s capital in 1790. The Constitution states that the district lies under the jurisdiction of the legislative branch.

While residents of DC can take part in the presidential election with three electoral votes, they do not have a member of Congress who can vote on legislation.

During the Home Rule Act in 1973, DC was granted a council and a Mayor.

However, Congress still "reviews all legislation passed by the Council before it can become law and retains authority over the District’s budget", even under the DC government formed by the act.

The extraordinary 48-hour rule

The extraordinary 48-hour rule implies that a president cannot take over the powers granted by Section 740 for more than 48 hours unless, during that period, they give an explanation of their reasons to Congress.

Moreover, there is also a limit of 30 days on those powers, even if Congress receives notification.

Donald Trump threatened to federalize DC following the alleged beating of a young former DOGE employee, Edward Coristine, in an attempted carjacking in Washington in early August.

Dr Heidi Bonner, chair of the Department of Criminal Justice and Criminology at East Carolina University, said that this is the first time a president has used Section 740 of the Home Rule Act to federalize the DC metro police, CNN reported.

She said, "It’s definitely difficult to say what that means", and added that it was "an open question" as to who’s in charge.

"Is the chief of police still in charge of the department once it’s become federalized? And of course, all this is mixed up in the unique nature of DC as a district and not a state. There are different authorities – the president acts as the governor for all intents and purposes when it comes from the National Guard," Bonner asked.

What Trump says is happening in DC

Donald Trump said on Monday while making the announcement, "Our capital city has been overtaken by violent gangs and bloodthirsty criminals, roving mobs of wild youth, drugged-out maniacs and homeless people, and we’re not going to let it happen anymore. We’re not going to take it."

Trump added that the city's homelessness problem will also be targeted as they will be "getting rid of the slums", without offering any details of his plans.

Last week, the president posted a message on Truth Social, featuring a photo of a bloodied Coristine and Trump's sentiments that crime in DC was "totally out of control."

However, he did not name Coristine in that post but said, "if DC doesn't get its act together, and quickly, we will have no choice but to take Federal control of the City, and run this City how it should be run."

The POTUS deployed 800 soldiers from the DC National Guard, and around 200 members are being assigned to support law enforcement, according to the Defense Department.

What are the numbers on crime in DC

Trump's executive order that declared "a crime emergency in the District of Columbia" mentioned "rising violence in the capital".

Trump also made repeated references to crime being "out of control" during his press conference.

However, as per crime figures published by Washington DC's Metropolitan Police (MPDC), violent offences fell after they peaked in 2023, and in 2024, hit their lowest level in 30 years.

Moreover, the preliminary data for 2025 shows that they are continuing to fall.

MPDC's report shows that Violent crime overall is down 26 percent in 2025 compared to the same point in 2024, and robbery is down 28 percent.

Interestingly, violent crime is reported differently by the MPDC and the FBI, another major source of US crime statistics.

Notably, MPDC public data showed a 35 percent fall for 2024, while the FBI data showed a 9 percent drop.

Both the figures agree that crime is falling in DC, but differ on the level of that decline.