Trump Can Invoke the Insurrection Act, But It's a Terrible Idea
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Trump Can Invoke the Insurrection Act, But It's a Terrible Idea
"Eight days after an ICE agent shot and killed Renee Good in Minneapolis, and the day after another ICE agent shot and injured a protester in the same city, Donald Trump poured gasoline on the fire, as is his tendency. This Thursday morning Truth Social post by no means represents the first time the president has threatened to invoke the Insurrection Act to stop protests he doesn't like. But given the circumstances, it's likely the most serious:"
"The Insurrection Act, first enacted in 1792, gives the president the power in certain circumstances to "provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions." It's the one big exception to the 1878 Posse Comitatus Act, which generally prohibits use of federal military assets in law enforcement."
Donald Trump threatened to invoke the Insurrection Act to deploy federal troops to Minneapolis following shootings by ICE agents. The Insurrection Act allows the president to call forth the militia to execute federal laws, suppress insurrections, and repel invasions, and it is the primary exception to the Posse Comitatus Act's ban on using the military for law enforcement. The statute authorizes deployment after a state request, when domestic violence deprives citizens of constitutional rights, or to suppress insurrection that obstructs execution of federal laws. Minnesota is unlikely to request troops, and the current protests do not clearly meet the constitutional-rights deprivation standard, so any invocation would rely on a presidential determination that protests obstruct federal law execution.
Read at Intelligencer
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