Trump Could Use The Insurrection Act To Quell Protests⁠—Here’s What That Means

TOPLINE

As protests sparked by the death of George Floyd entered their seventh night, President Trump made a Rose Garden address Monday in which he vowed to end “the riots and lawlessness” and said he would deploy the U.S. military to states if they can’t manage it on their own. That could be accomplished with a centuries-old law called the Insurrection Act. Here’s what the law involves:

KEY FACTS

Signed into law by President Thomas Jefferson in 1807, the Act gives the commander-in-chief the ability to deploy the military to squash civil disorder, rebellion or insurrection within the U.S.

The Act was last used to suppress the 1992 Los Angeles riots, which took place after the acquittal of four white police officers in the savage beating of Rodney King, a black man, that was caught on video.

Governors have the ability to ask the federal government to send in troops to assist with squashing civil unrest, NBC News reported, but none have done so, opting instead to rely on local law enforcement and National Guard troops (which are Army and Air Force reserves).

A section of the act states that a president can deploy troops without a direct request in cases of rebellion or “unlawful assemblages” that make it impractical to enforce the law in a normal fashion.

Another law that works in tandem with the Insurrection Act, called the Posse Comitatus Act of 1878, prohibits active-duty troops from being deployed to U.S. states for routine use as police forces.

In order to deploy troops without a governor’s go-ahead, Trump would have to issue a proclamation ordering “insurgents” to disperse and go home within a limited timeframe, according to NBC. 

Chief critics

New York Gov. Andrew Cuomo told CNN that he would say “thanks, but no thanks” to the federal government’s offer to send in troops, while Illinois Gov. J.B. Pritzker told the network, “I reject the notion that the federal government can send troops into the state of Illinois.”

Key background

Other previous uses of the Insurrection Act occurred during the 1968 riots sparked by the assassination of Martin Luther King Jr., and to protect the Little Rock Nine in 1957. In an earlier press briefing with reporters Monday, White House Press Secretary Kayleigh McEnany left open the possibility of Trump invoking the Act, saying “it’s one of the tools available, whether the president decides to pursue that, that’s his prerogative.” Trump’s Rose Garden address took place while protesters were being cleared by military police with tear gas and flashbangs from the vicinity of nearby St. John’s Church, church where presidents attend services. After his address, Trump, along with an entourage that included Attorney General William Barr, McEnany and daughter Ivanka Trump, walked outside the White House gates and across Lafayette Park to visit St. John’s. Once there, he posed for pictures outside holding up a Bible, and departed shortly thereafter.

Tangent

During the last usage of the Insurrection Act in 1992, Barr was also serving in as attorney general in the George H.W. Bush administration.

Further reading

Trump says he will deploy military if state officials can’t contain protest violence (NBC News)

Trump is unlikely to deploy military in Minneapolis unrest, but has the authority to do so (Stars and Stripes)

Trump Threatens To Deploy Troops To End Protests After Tear Gas, Flashbangs Shot At Peaceful Demonstrators Outside White House (Forbes)

Major Cities Across The Country Institute Curfews (Forbes)

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