Insurrection Act
37 Articles
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…
Revitalizing US Democracy Starts with Repairing the Right to Peaceful Assembly
Five actions the Biden administration can take to better protect the right to peaceful assembly.
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."
Good Governance Paper No. 6 (Part Two): Domestic Military Operations — The Role of the National Guard, Posse Comitatus Act and More
Sixth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Good Governance Paper No. 6 (Part One): Domestic Military Operations — Reforming the Insurrection Act
Sixth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
Trump Can’t Lawfully Use Armed Forces to Sway the Election: Understanding the Legal Boundaries
A deep dive analysis of the constitutional and statutory limits on use of any armed force in connection with the 2020 election, civil unrest, and protests.
The President’s Private Army
How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
Bill Barr’s Playbook: His False Claims About Prior Military Force on U.S. Soil
The Insurrection Act, Operation Hawkeye and what really happened
Portland’s Pretext: Barr’s Long History Manipulating Law to Put Federal Forces on U.S. Streets
In a 2001 interview, Bill Barr boasted that he came up with the idea in 1989.
The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”
Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
The President and the Domestic Deployment of the Military: Answers to Five Key Questions
Can President Trump use the military without governors' consent? What are the rules for the use of force?