Domestic Deployment of U.S. Military
42 Articles
Much Ado About Nothing: Recent Changes to Department of Defense Directive 5240.01
Recent changes to this Defense Department directive do not reflect any change in policy and provide no new authority to deploy the military domestically or to use lethal force…
The Anonymous Military Leaders with the Weight of the Election on Their Shoulders
The legal and ethical frameworks that senior civilian and military leaders need to consider.
Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military
An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.
As Title 42 Comes to an End, So Should Military Operations at the US-Mexico Border
"The militarization of the southern border not only stigmatizes migrants and asylum seekers but also undermines core legal principles designed to protect democracy and individual…
Without Congressional Action, Lafayette Square and January 6th Can Happen Again
"Two amendments in the House-passed FY23 NDAA would close ... loopholes and make it harder for another Trump administration – or any future president – to abuse the powers…
The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments
Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…
2022 Update: Good Governance Paper No. 6: Domestic Military Operations
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
Crisis of Command: The Pentagon, The President, and January 6
Pentagon restrained National Guard on Jan. 6 out of concern Trump would invoke Insurrection Act.
The National Guard at Lafayette Square and the January 6th Attempted Insurrection: Fixes for the FY2022 NDAA
Congress should close the loopholes that allow the federal government to circumvent the Posse Comitatus Act.
Why D.C.’s Mayor Should Have Authority Over the D.C. National Guard
Congress should give the mayor of D.C. control over the D.C. National Guard, absent federalization, to prevent the president both from misusing the DCNG as his own personal army…
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Preventing a Military Decision About Who Won a Disputed Election
"The Pentagon’s senior officials should emphasize that the military must never receive a self-interested order about who has won an election."