Two Democratic senators are calling on the Biden administration to issue policy directives that could temporarily limit President-elect Donald Trump’s ability to send troops into the country after he takes office.
Armed Services Committee members Sen. Elizabeth Warren (D-Mass.) and Sen. Richard Blumenthal (D-Conn.) directed President Joe Biden and Secretary of Defense Lloyd Austin to announce the policy on Nov. 26. I sent a letter encouraging them. The directive ensures that local and state authorities can only deploy U.S. troops if they request federal assistance or if they are unable or unwilling to protect their citizens.
“We urge you to issue a policy directive prohibiting the mobilization of active-duty military or federal National Guard troops for deployment against our fellow citizens unless specifically authorized,” they wrote. .
After taking office on January 20, Trump could issue his own policy directives that would overturn those issued by Biden. Warren and Blumenthal’s offices say the letter speaks for itself, and appear hopeful that highlighting the issue publicly will deter Trump from taking action. .
During his first term, President Trump considered using the Insurrection Act in response to Black Lives Matter protests. Some of his allies also urged him to consider imposing martial law after his defeat in the 2020 election.
Most recently, President Trump suggested using the U.S. military to help deport immigrants without permanent legal status. He also said he would move U.S. troops from overseas and station them on the southern border. And President Trump has repeatedly talked about using the military to attack “the enemy from within.”
In an interview with Fox News before the election, he said: “I think the bigger problem is the people on the inside. We have some very bad people. We have sick people, we have radical left-wing lunatics. And I think they’ve got the National Guard if they need to, or if they really need it. I think it should be dealt with by the military and very easily, because they cannot tolerate it.”
Federal troops are prohibited from engaging in domestic law enforcement by the Posse Politico Act, an 1878 law that prohibits the president from using the military for such purposes unless expressly authorized by the Constitution or an act of Congress. are.
Another law, the Insurrection Act, which consolidated various acts passed by Congress between 1792 and 1871, created an exception. This would allow the president to deploy troops in the event of an insurrection, insurrection, or extreme civil unrest.
In their letter, Warren and Blumenthal called on the Biden administration to issue a policy directive before Biden leaves office that would require state and local officials to request assistance before federal troops are called in. .
“We are committed to issuing a policy directive clarifying that the narrow application of the Insurrection Act should be limited to cases in which a state or local government is so overwhelmed that the state chief executive requests assistance. We urge you,” they wrote. Attacks on the U.S. government overwhelm state and local governments. ”
Civil liberties groups have warned that President Trump could abuse the military in a second term. Joseph Nunn, a consultant in the Liberty and National Security Program at the Brennan Center for Justice at New York University School of Law, said the Insurrection Act is inherently riddled with loopholes, giving the president virtually unlimited discretion and authority to use the military as a police force. He warned that it was being produced. Under the Civil Police Law.
Nunn said last year, citing concerns that Trump would abuse his power if re-elected, “Unless Congress reforms this dangerous and outdated law now, no one can stop him.” I can’t do it,” he wrote.
Warren and Blumenthal also urged the White House to ensure that future administrations bring the bill to Congress before relying on the military for domestic law enforcement.
“Finally, we urge the President to consult with Congress to the fullest extent practicable before exercising this authority and to make clear that he must notify legal authorities in the Federal Register.” is writing.
They warned that the recent Supreme Court decision expanding presidential immunity for official acts made the need for a clear policy more urgent.
“Given the disagreement among scholars about the serious implications of recent Supreme Court decisions, it is important to note that service members, other Department of Defense personnel, and the broader military community are aware of their rights and responsibilities. It’s reasonable to think that there may not be, or that we may not fully understand it,” Warren said. wrote Blumenthal.
Furthermore, “if unaddressed, any ambiguity regarding the lawful use of military force, coupled with President-elect Trump’s clear intent to use the military in such a dangerous and unprecedented manner, could have devastating consequences.” It’s possible,” he added.
