Democrats Press Biden To Limit Trump's Ability To Use Military Domestically

Democratic Sens. Elizabeth Warren (Mass.) and Richard Blumenthal (Conn.) sent a letter to President Biden and Defense Secretary Lloyd Austin this week calling for a policy directive that would prevent the misuse of armed forces in the country after raising concerns about President-elect Trump's vague threats to potentially use the military on domestic enemies.

The senators said in the letter dated Nov. 26 that the Biden administration should issue a policy directive that expressly prohibits the mobilization of active-duty military or the National Guard unless specifically authorized by Congress.

While a sitting president can invoke the Insurrection Act to use the military to quash a rebellion that threatens the nation, the commander in chief is otherwise restricted by the 1878 Posse Comitatus Act, which prohibits the armed forces from carrying out federal law unless authorized by Congress or the Constitution.

Warren and Blumenthal wrote that a new policy directive should make clear the Insurrection Act is limited in its use and should only be invoked when state or local authorities are overwhelmed by an emergency or attack and request assistance.

They also said armed forces should only be called to protect citizens' civil liberties if law enforcement has failed to do so; that the military must follow the law if called; and that a president must consult with Congress before invoking the Insurrection Act.

"If unaddressed, any ambiguity on the lawful use of military force, coupled with President-elect Trump’s demonstrated intent to utilize the military in such dangerous and unprecedented ways, may prove to be devastating," the senators wrote.

On the campaign trail, Trump suggested using the military on the "enemy from within," after he warned of the dangers posed by his "radical-left" political opponents.

Democrats have expressed alarm at the rhetoric, but Republicans have largely downplayed the threats.

Trump will now enter office on Jan. 20 with broad immunity for any official acts as president, including military deployments, following the Supreme Court's ruling earlier this year. Still, service members would still be obligated to follow their own internal laws.

But Warren and Blumenthal pointed to Trump's efforts to deploy active-duty troops in 2020 to quell racial justice protests in cities, and said the former president in his first term "repeatedly sought to use the military to impede the First Amendment rights of Americans."