Insurrection Act
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.

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.

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.