Biden won’t veto bill blocking the softening of DC’s criminal code

President Biden informed Senate Democrats in a closed-door meeting Thursday that he won’t veto legislation blocking the Washington, D.C., Council’s move to soften crime laws.

Following the meeting, Senate Majority Leader Chuck Schumer, D-N.Y., confirmed the president’s plans to sign the bill once it gets to his desk. 

Biden also tweeted upon returning to the White House: “I support D.C. Statehood and home-rule – but I don’t support some of the changes D.C. Council put forward over the Mayor’s objections – such as lowering penalties for carjackings. If the Senate votes to overturn what D.C. Council did – I’ll sign it.”

In February, the House approved the resolution — which was introduced by Rep. Andrew Clyde, R-Ga. — in a 250-173 vote which garnered both Republican and Democratic support. A companion bill introduced by Sen. Bill Hagerty, R-Tenn., is expected to pass the Senate over the next week.

The bill gained momentum after Sen. Joe Manchin, D-W.Va., signaled he would support it, potentially teeing up Biden’s first veto decision of his presidency. And Sen. Martin Heinrich, D-N.M., reportedly told reporters Thursday he would vote in favor of it and expected most Democrats to join him.

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Senate Majority Leader Chuck Schumer, D-N.Y., confirmed President Biden’s intention not to veto the resolution to reporters on Thursday. (Nathan Posner/Anadolu Agency via Getty Images)

“If enacted, the Council’s dangerous legislation will embolden violent criminals — threatening the well-being of both Washingtonians and visitors at a time of heightened crime in our nation’s capital,” Clyde said on Feb. 10 after the House passed his bill.

“My resolution sends a clear message to the Senate, the White House, and the American people that the People’s House rejects soft-on-crime policies that jeopardize Americans’ safety and security. I thank my colleagues for supporting and passing this commonsense resolution in order to ensure all Americans can safely enjoy our nation’s capital city.”

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Clyde’s resolution came in response to the Washington, D.C., Council’s sweeping overhaul of the city’s criminal code, which was approved in November. Democratic Mayor Muriel Bowser then vetoed the measure in January, saying it would place stress on the criminal justice system, before the council overrode the veto weeks later.

Critics of the city’s bill have argued it will increase crime and allow criminals to walk free.

Washington, D.C., Mayor Muriel Bowser vetoed the criminal code overhaul before the city council overrode her veto in January. (Brian Stukes/Getty Images)

“Over the past several months, residents and partners in the public safety and criminal justice community expressed concerns about some provisions in the updated code, including lower penalties for certain crimes,” Bowser’s office stated last month. 

“The updated code would expand eligibility… from youthful, convicted violent offenders to people of all ages; it would also expand the right to a jury trial for those charged with misdemeanors but facing jail time, which is expected to exacerbate the already stretched capacity of the court system; and it would reduce maximum criminal penalties for violent crimes like carjacking and robberies,” the statement continued.

On Feb. 6, Bowser introduced an amendment to the law after her veto was overridden, but it has yet to advance. 

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The move to use federal legislation to overturn a law passed by D.C. marks one of the few times Congress has intervened on the city’s affairs. 

Under the Constitution, Congress is empowered to oversee local lawmaking in the nation’s capital. However, it has been more than 30 years since Congress has overruled a local D.C. law via a resolution of disapproval.

President Biden speaks during an event Wednesday at the Department of Homeland Security. (Chris Kleponis/CNP/Bloomberg via Getty Images)

Some Democrats, meanwhile, expressed disappointment in response to Biden’s decision to approve the resolution Thursday.

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“Well, I’m disappointed,” Sen. Ben Cardin, D-Md., said. “First of all, I hope the Senate would not pass it, but I think it’s pretty clear they will. And to me, the Congress should not substitute its judgment for the elected representatives of the people in the District of Columbia.” 

“I wouldn’t want them to do that for Baltimore, I don’t want them to do that for any of our other local jurisdictions,” he added. “I think we respect local government. We can disagree with what they do, and we have the right to pass national laws, but we don’t override local decisions by councils.”

When asked about the issue, Sen. Chris Coons, D-Del., shrugged, but didn’t provide comment.

The Associated Press first reported Biden’s decision to not veto the legislation.