Biden tells Democrats he won’t veto Congress override of D.C. criminal code

President Biden will sign a Republican-backed measure overturning the District of Columbia’s new criminal code that reduces maximum sentences for major crimes, the White House announced Thursday, giving the legislation a boost before a Senate vote.

The White House previously signaled opposition. A statement of policy said the nation’s capital should have the power to determine its own rules.

White House press secretary Karine Jean-Pierre said Mr. Biden now sees the issue differently.

“He believes every city should have the right to self-government. That is still the same case. That hasn’t changed,” Ms. Jean-Pierre told reporters. “But this is different. The way we see this is very different. The D.C. Council put changes forward over the mayor’s objections, and the president doesn’t support changes like lowering penalties for carjacking.”

D.C. Attorney General Brian Schwalb, a Democrat, ripped Mr. Biden for the reversal.

“Any effort to overturn DC laws degrades the right of its nearly 700,000 residents and elected officials to self-govern — a right that almost every other American has,” Mr. Schwalb tweeted. “As the city’s chief legal officer, I will continue to advocate for DC’s full autonomy and #Statehood.”

Mr. Biden’s support could pave the way for several Senate Democrats to vote for the measure.

It cleared the House last month on a 250-173 vote, with 31 Democrats joining Republicans.

The District has a council and a mayor, but Congress has veto power over much of the federal district’s legislation through what is known as a resolution of disapproval.

Sen. Joe Manchin III, West Virginia Democrat, has signaled that he will oppose the D.C. legislation. Other Democrats, including Sen. Jon Tester of Montana, Gary C. Peters of Michigan and Sherrod Brown of Ohio, said they hadn’t decided how they would vote.

With the absence of Sen. John Fetterman, a Pennsylvania Democrat who is on medical leave for treatment of severe depression, Mr. Manchin’s support alone could be enough for the resolution of disapproval to clear the Senate.

Opponents say the District’s first major rewrite of the code in more than a century slashes penalties on exactly the kinds of crimes the city should be working to deter, such as robberies and carjackings.

The maximum penalty for illegal possession of a gun would drop from 15 years to four years.

Supporters of the code counter that judges rarely hand down maximum sentences and the new penalties align more closely with actual sentencing. They say the new code gives prosecutors more opportunity to stack charges together, so the potential penalty for any given crime might be higher.

That gives prosecutors more power to decide how tough or lenient to be.

Ahead of the House vote last month, the White House issued a statement of policy supporting the District and opposing the measure.

“Congress should respect the District of Columbia’s autonomy to govern its local affairs,” the White House Office of Management and Budget said.

Ms. Jean-Pierre struggled Thursday to explain Mr. Biden’s reversal.

Mr. Biden revealed his position to Democratic senators during a private lunch Thursday.

The House also passed a resolution overturning the District’s new rules allowing noncitizens to cast ballots in city elections.

It passed on an even stronger bipartisan vote, 260-162, with 42 Democrats joining Republicans.

That measure now sits in the Senate, though its path to a floor vote is more complicated than the criminal sentences measure. A single senator could block the resolution from reaching the floor, Senate staffers said.

The District’s rules would allow even illegal immigrants and agents of foreign governments to vote in city affairs. It would not affect federal elections, officials insist.

Opponents say voting should be a privilege reserved for citizens and warned against opening the door to foreign influence on elections. The city’s supporters said noncitizens pay local taxes, use local services and deserve to have a say in how their money is used.

Mr. Biden’s budget office issued a statement of policy backing the city and opposing any effort to overturn the noncitizen voting rules but stopped short of issuing a veto threat.