Insurrection Act
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 “War Game” Documentary, and Simulating a Worse January 6th
How would – and how should – our most senior government leaders respond?
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.
American Autocracy Threat Tracker
A comprehensive catalog based on former President Donald Trump and his associates’ autocratic plans, promises, and propositions.
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.
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…