Insurrection Act

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A uniformed person with their back to the camera, setting razor wire next to a river.

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?
An aerial image shows migrants waiting along the border wall to surrender to Border Patrol agents for immigration and asylum claim processing

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.
Military police in full riot gear are pictured near Lafayette Park ahead of President Trump's trip to St. John's Church in Washington DC on June 1, 2020, where protesters were tear gassed.

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…
Members of the National Guard, holding shields, form a line during the night of January 6. Behind them is the Capitol building.

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…
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

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.
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

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.
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. The troops are in formation with the words "DC National Guard" written clearly on the back of their bullet proof vests. It's nighttime.

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.
MIAMI, FLORIDA - JUNE 07: Florida Gov. Ron DeSantis arrives for a bill signing ceremony at the Florida National Guard Robert A. Ballard Armory on June 07, 2021 in Miami, Florida. The governor signed the bills to combat foreign influence and corporate espionage in Florida from governments like China. (Photo by Joe Raedle/Getty Images)

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.
Side by side photographs of law enforcement in full riot gear with helmets, shields, bullet proof vests, and camouflage clothing marching near Lafayette Park on June 1, 2020 and considerably less law enforcement in less imposing gear and without shields at the U.S. Capitol on January 6, 2021. The second photograph also shows white supremacists carrying flags and greatly outnumbering law enforcement. Law enforcement in the first photograph tear gassed protestors (not shown) who were protesting the murder of George Floyd and larger racial injustices. Law enforcement in the second photograph used minimal force against violent Trump supporters as they stormed the U.S. Capitol.

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.
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