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Three U.S. cities have filed a lawsuit against the Trump administration after the White House labeled them “anarchist jurisdictions.”
The lawsuit, filed by New York City, Seattle, and Portland late last week in federal court, says the “anarchist” label is part of an “unconstitutional scheme” by President Donald Trump to deny the cities federal funds.
“In an act offensive to both the Constitution and common sense,” the lawsuit says, “President Trump has called on the Attorney General to formally identify certain American cities as ‘anarchist jurisdictions’ — an oxymoronic designation without precedent in American jurisprudence — and has activated the entire federal bureaucracy to preclude such jurisdictions from receiving federal funds.”
The Trump administration’s labeling of the cities comes after months of protests in the plaintiff cities — and other cities across the nation — calling for racial justice and an end to police brutality following the death of George Floyd at the hands of Minneapolis police in late May.
“This is a figment of Donald Trump’s troubled imagination,” New York City Mayor Bill de Blasio told reporters, according to NPR. “The only anarchy in this country is coming from the White House.”
The lawsuit points out Trump repeatedly demanded the cities crack down on protesters, even sending “militarized federal agents” to Portland.
On Sept. 2, the lawsuit says, he issued a memorandum titled “‘Reviewing Funding to State and Local Government Recipients of Federal Funds That Are Permitting Anarchy, Violence, and Destruction in American Cities’ (the ‘Anarchist Memo’).”
The Anarchist Memo allegedly “declared it the government’s official policy to prevent the flow of federal tax dollars to so-called ‘anarchist jurisdictions,’” and directed U.S. Attorney General William Barr to identify those jurisdictions “based on an arbitrary and vague set of factors.”
“The Memo does not contain a single legal citation,” the plaintiffs claim. “There is no reference to any constitutional or statutory basis authority for the President to strip federal funding from the Cities when he disagrees with their on-the-ground policing decisions or deems their budgeting choices unwise.”
Barr did as directed and weeks later issued a press release designating New York City, Seattle, and Portland as “anarchist jurisdictions,” the lawsuit says.
The plaintiff cities say the designation was “focused on past actions of local governments and law enforcement, and in several instances, was based on demonstrably false factual assertions.”
Following this designation, federal agencies began following the directive to “punish” the cities by restricting or withholding federal funds.
On Oct. 8, the Federal Transit Administration said it would consider applications for a COVID-19 public transit research grant under the guidance of the Anarchist Memo, according to a New York Times report.
“[A]dditional acts to carry out the President’s unlawful directive to defund the Cities are imminent,” the lawsuit states.
The cities claim the “anarchist” designation and directive to withhold federal funds is a “blatant violation of the separation of powers,” as Congress — not the Executive Branch — holds the Power of the Purse.
“There is no basis in law, there is no basis in fact, for this anarchist determination, and yet they are going to use it to determine who does and who does not get federal funding,” New York City corporation counsel told CNN.
The plaintiff cities seek declarations that the “anarchist” designation violates the Administrative Procedure Act and that the Anarchist Memo and designation violate the Separation of Powers, the Spending Clause, the 10th Amendment and the Due Process Clause of the Fifth Amendment.
The are also asking the Court to stop any further steps regarding the Anarchist Memo from being carried out, to stop the Federal Transit Administration from considering the Anarchist Memo and designation in issuing grants under the Public Transportation COVID–19 Research Demonstration Grant Program; to vacate the Anarchist Memo and the Justice Department’s designation of the cities as “anarchist jurisdictions.” They also seek any preliminary and permanent injunctive relief needed “to ensure the Defendants comply with the Constitution and federal law,” and any other relief deemed proper.
Do you think President Trump is overreaching in labeling New York, Portland and Seattle as anarchist cities? Let us know your thoughts in the comments.
The plaintiffs are represented, respectively, by Pete Holmes, Carolyn U. Boies, Jessica Nadelman of the Seattle City Attorney’s Office; James E. Johnson, corporation counsel for the city of New York, along with Tonya Jenerette, Cynthia Weaver and Aaron Bloom; and Anne Milligan, Tracy Reeve, Robert Taylor, Denis Vannier and Naomi Sheffield of the Portland Office of the City Attorney.
The Anarchist Cities Federal Funds Lawsuit is City of Seattle, et al. v. Donal Trump, et al., Case No. 2:20-cv-01560, in the U.S. District Court for the District of Washington at Seattle.
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