Insurrection Act
37 Articles

Biden Can, But Shouldn’t, Federalize the Texas National Guard
Invocation of the Insurrection Act in response to Texas' obstruction of CBP agents at the U.S.-Mexico border would be inappropriate.

Unpacking the “Surprise” Crime in DOJ’s Target Letter to Trump
What does that law say? How has DOJ used it in past? What alleged Trump conduct meets the elements of the crime?

DeSantis Campaign’s Border Proposal Raises Separation of Powers Concerns
Florida governor and U.S. presidential candidate Ron DeSantis has proposed action that would flout constitutional and statutory limits.

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…

Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump
The Justice Department’s current investigation of criminal efforts to overturn the results of the 2020 presidential election apparently is taking two paths. One investigative…

Trump and the Insurrection Act: The Legal Framework
University of Chicago Law Professor Al Alschuler writes that the evidence is sufficient to indict Trump under Insurrection Act, 18 U.S. Code § 2383.

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…

Surveying Evidence of How Trump’s Actions Activated Jan. 6 Rioters
A triangulation of evidence that extremists treated then-President Trump's words as instructions for the events on Jan. 6.

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.

Reestablishing Florida’s State Guard Won’t Give DeSantis a Private Army Free of Federal Control
While Florida Gov. DeSantis' proposal is worrisome as a political matter, it is unlikely to pose the kind of threat his critics fear.

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.