"On Thursday, President Donald Trump threatened to invoke the Insurrection Act to send federal troops to Minneapolis to assist ICE agents who have been conducting extensive and violent operations in the city. Clashes between those agents and protesters have intensified over the past ten days, after an ICE agent shot and killed a Minneapolis resident named Renee Good. Trump has previously raised the prospect of using the Insurrection Act-which grants the President vast powers to deploy the military to enforce domestic law-if, he said, courts, governors, or mayors were "holding us up.""
"To talk about the history and text of the Insurrection Act, and exactly what it does and does not allow, I recently spoke by phone with Elizabeth Goitein, the senior director of the Brennan Center for Justice's Liberty & National Security Program, and an expert on Presidential emergency powers. During our conversation, which has been edited for length and clarity, we also discussed the possible limits courts might place on the President, the arguments over Supreme Court precedents and how they might alternately impede or liberate Trump, and the dangers of the military working as a "force amplifier" for ICE."
"Before the President's declaration on Thursday that he might invoke the Insurrection Act, for months he had been sending the National Guard to cities, although that seems to have come to an end after a recent Supreme Court ruling. Can you talk about what that ruling said and why it may have stymied the President, at least in terms of the National Guard? It actually didn't stymie the President in terms of the National Guard. It stymied the President in terms of the law he was relying on, which is 10 U.S.C. § 12406. That law does authorize federalization and deployment of the National Guard, but so does the Insurrection"
President Trump threatened to invoke the Insurrection Act to send federal troops to Minneapolis to assist ICE amid intensified clashes after an ICE agent shot and killed Renee Good. The Insurrection Act grants the President expansive power to deploy the military domestically to enforce law. The President had previously sent the National Guard to cities, and a recent Supreme Court ruling affected the legal basis he relied on, particularly 10 U.S.C. §12406. Legal experts note potential judicial limits on presidential authority and warn that military involvement could act as a force amplifier for ICE operations.
Read at The New Yorker
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