GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Brian Schwalb
Attorney General
August 14, 2025
OPINION OF THE ATTORNEY GENERAL
Re: Legal Effect of U.S. Attorney General Order 6370-2025, "Restoring Safety and Security to the
District of Columbia"
Pamela A. Smith
…
Dear Chief Smith:
I have reviewed Order No. 6370-2025 (Bondi Order), "Restoring Safety and Security to the District of
Columbia," issued late this evening by United States Attorney General Pamela Bondi. The Bondi Order
purports to vest all powers and duties of the Chief of Police in Drug Enforcement Administrator Terrence
C. Cole as "Emergency Police Commissioner" …
It is my opinion that the Bondi Order is unlawful, and that you are not legally obligated to follow it. ….
Section 740 of the Home Rule Act … does not authorize the President, or his delegee, to remove
or replace the Chief of Police; to alter the chain of command within MPD; to demand services directly
from you, MPD, or anyone other than the Mayor …. The Bondi Order is, therefore, ultra vires.
In addition, the Home Rule Act vests the executive power of the District in the Mayor. …
Pursuant to this power, the Mayor appoints the heads of various District agencies, including
MPD. … Under District law, it is the "duty of the police force to