'Crazy crime law': Why Democrats and Republicans in Congress are fighting about a D.C. code

WASHINGTON – A rare Senate vote Wednesday to block Washington, D.C., criminal code reform is a political fight dressed up as a policy debate.

Democrats and Republicans alike are using the moment to appear tough on crime or defend the autonomy of city residents and renew a progressive push for statehood in the nation's capital.

President Joe Biden is now in the political crosshairs of a conflict partially created by his own handling of the issue.

Some Democrats say they didn't know he was going to sign off on the GOP-led resolution to block a city council effort opponents say will soften crime laws. But Biden's position could help him and battleground state Democrats, who were targeted in 2020 and 2022 as being soft on crime amid escalating crime rates in blue cities across the country.

"Clearly that’s what’s going on. Democrats who are supporting it don’t want to appear soft on crime," Rep. Jamie Raskin, D-Md., told USA TODAY.

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• What's in the D.C. criminal code overhaul? The city's revision is the first in a century and lowers or eliminates some penalties. It lowers the maximum jail time for carjacking and robberies. It eliminates most mandatory minimum sentences and expands jury trials for misdemeanors.

• Who supports and opposes it? Republicans oppose the overhaul, along with Democrats facing close elections, Biden and D.C. Mayor Muriel Bowser, though she also opposes Congress making decisions for the capital city's more than 700,000 residents.

• Why is Congress voting on a D.C. law? Washington, D.C., is not a state, and Congress has the right to oversee the district and overturn city legislation, according to the U.S. Constitution. But it is rare for Congress to fight with the city over local government decisions, and it hasn't done so for at least 30 years.

• What is the latest update in the crime bill fight? City Council Chairman Phil Mendelson told the Senate on Monday that he was pulling revisions to the crime code after the president and Democratic senators said they would vote against them. But the Senate said it would continue with the vote Wednesday.

• Why are lawmakers in Congress voting against D.C. laws? Republicans leading the effort, and the Democrats joining them, say they are concerned about rising crime in the district. So far this year there have been 215 assaults with a dangerous weapon, 95 carjackings and 38 homicides, according to the Metropolitan Police Department. That marks a 76% increase in carjackings, a 24% increase in property crimes and a 17% increase in homicides.

Monday change: Biden pressure prompts D.C. to cancel sentencing reform law as GOP portrays Dems as soft on crime

Previous coverage: Joe Biden says he will sign bill overriding D.C.'s new crime law that reduces sentences

'Statehood for D.C. is long overdue'

Raskin, the ranking member of the House Oversight and Accountability Committee, led the floor fight against the resolution to block the city's criminal code overhaul.

The resolution ultimately passed the House 250-173 on Feb. 9, with support from 31 Democrats, on the same day Rep. Angie Craig, D-Minn., was assaulted at her apartment building in Washington.

Raskin didn't support the bill because he says it tramples on the rights of residents in the district – which has a larger population than some states – and where people pay more taxes per capita than any state in the union, he said. Washington, D.C., residents have all the responsibilities of citizenship and should be respected as such, he said.

"Why is Congress overthrowing local laws? We shouldn’t be acting like the largest city council in the country," Raskin said.

His vote against the House resolution didn't mean he agreed or disagreed with the D.C. council's criminal code revisions. He said it meant he believed in city residents' right to self- determination.

As when Republicans voted against D.C. statehood, it's a "profound affront to hundreds of thousands of taxpaying citizens, draftable citizens," Raskin said.

Many social justice and civil rights activists share that view.

"Even more significant than the content of the crime bill is the fact such a bill is before Congress at all," Marc Morial, president and CEO of the National Urban League, said in a statement to USA TODAY. "The citizens of the District of Columbia should have the same right or self-determination as every other American. Washington, D.C., has made tremendous strides under Mayor Muriel Bowser and does not deserve to be treated as a colony by the United States Congress. Statehood for D.C. is long overdue."

'Crazy crime law' and 'voting with the president': Senate Dems to vote against D.C. reform

As the Senate prepares to take up the Republican-led effort Wednesday, Senate Majority Leader Chuck Schumer and some moderate Democrats up for reelection in 2024 say they will support it.

“I will vote to repeal the absolutely crazy crime law passed by the DC City Council and I expect many of my Senate colleagues – Democrats and Republicans – will join me in voting for this resolution," Sen. Joe Manchin, D-W.Va., said in a statement to USA TODAY.

Sen. Bob Casey, D-Pa., a top Biden ally who supports D.C. statehood, is also backing the bill.

"First and foremost, we have to be focused on public safety no matter where it is, no matter what jurisdiction you're talking about," Casey told MSNBC host Symone Sanders. "So that's the fundamental reason why I made the determination to support this measure."

Sen. John Tester, D-Mont., said he is "voting with the president" to block the code revisions.

Democratic Sens. Tammy Baldwin of Wisconsin, Patty Murray of Washington, Mark Kelly of Arizona, Ben Ray Lujan of New Mexico and Angus King of Maine also said they will vote to block the revisions.

Sen. Tim Kaine, D-Va., is also among the Democrats who will vote yes.

Comments from Bowser and city council chairman Phil Mendelson suggest "the D.C. crime bill is not ready for prime time," Kaine told reporters Monday. "I'm giving them a chance to get on the same page."

Sen. Dick Durbin sees 'mixed signals' from the White House on D.C. crime bill

The No. 2 Democrat, Senate Majority Whip Dick Durbin, hasn't said how he will vote.

Durbin told reporters Monday that the White House has sent "mixed signals" about Biden's position on the crime bill.

"They gave a signal that led the House Democrats to take a certain action, and the president then took a different position when he came to the Senate. Speaks for itself," Durbin said.

Biden told Senate Democrats at the Capitol Thursday that he would sign a resolution to block changes to the D.C. criminal code, but he did not share that information the night before when he met with House Democrats in Baltimore.

White House defends Biden's position on D.C. crime bill

White House press secretary Karine Jean-Pierre reiterated Monday that Biden would sign the congressional legislation to override D.C.’s criminal code revisions if it makes it to his desk.

When asked why the Biden administration hadn't notified the mayor about Biden’s position, Jean-Pierre said the White House is in “constant communication” with Bowser and her office.

Bowser told NBC News she learned from news reports about Biden’s plans to sign legislation overturning the city’s criminal code. Even though Bowser opposed the council’s rewrite, Bowser opposed congressional intervention, calling it an “indignity.”

Biden "wanted to make sure that he delivered for the 700,000 residents of D.C. in a way that was protecting the residents here,” Jean-Pierre said in response to Bowser’s objections. "This was brought to him. This is not something that we put forward."

Contributing: Joey Garrison

Candy Woodall is a Congress reporter for USA TODAY. She can be reached at cwoodall@usatoday.com or on Twitter at @candynotcandace.

This article originally appeared on USA TODAY: Congress is fighting Washington DC criminal code reform. Why?