President Trump has expressed his authority to deploy U.S. military forces into American cities if deemed necessary. Speaking aboard Air Force One during a recent trip to Asia, he stated that he could send any branch, including the Army, Navy, Air Force, and Marines, into domestic areas. However, he noted that this has not been needed so far.
Military Deployment Authority and the Insurrection Act
During his trip, Trump emphasized his willingness to use more than just the National Guard for law enforcement in U.S. cities. He referenced the Insurrection Act, which allows federal military forces to act to suppress domestic violence or rebellion, highlighting that it has not been invoked by a U.S. president for over thirty years.
Trump asserted, “I’d be allowed to do whatever I want.” He claimed that the current situation is manageable without deploying more troops, highlighting the effectiveness of existing National Guard deployments.
Recent National Guard Deployments
The National Guard has recently been deployed in Washington, D.C., and Memphis, Tennessee, with Trump attributing a reduction in crime to their presence. He has predominantly targeted cities led by Democratic officials for these deployments.
- Cities such as Chicago and Washington, D.C. have sued the administration over National Guard deployments.
- California, Illinois, and Oregon are among the states involved in these lawsuits.
Legal and Historical Context
The Posse Comitatus Act restricts military enforcement of domestic law. However, Trump’s comments suggest he believes exceptions exist, particularly under the Insurrection Act. Geoffrey Corn, a legal expert, noted that the act is rarely utilized and last invoked by President George H.W. Bush in 1992. This occurred in response to the riots following the Rodney King verdict in Los Angeles.
For any military deployment to happen, a request from a governor is typically required. Trump’s recent actions included deploying the D.C. National Guard under Title 32, thereby exempting them from the Posse Comitatus restrictions.
The D.C. Guard has been activated in the past under similar status, notably during the protests following George Floyd’s murder and the January 6 Capitol assault.
