Insurrection Act

× Clear Filters
42 Articles

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

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…
Police shoot tear gas at demonstrators protesting police brutality and the murder of George Floyd. Protestors run in a panic to escape the tear gas outside St. John's Episcopal Church outside the White House. The police wear full riot gear including helmets, face shields, body shields, batons and masks. June 1, 2020 Washington DC

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.
Federal officers released tear gas in front of the Mark O. Hatfield U.S. Courthouse on July 20, 2020 in Portland, Oregon.

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."
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

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.
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

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.
Federal officers in full camo gear with gas masks and guns prepare to disperse the crowd of protestors outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

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.
1-12 of 42 items

DON'T MISS A THING. Stay up to date with Just Security curated newsletters: