National Guard

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.

Aug. 31, 2021 Cole Blum and Soren Dayton

U.S. Capitol police officers point their guns at a barricaded door that was vandalized in the House Chamber during a joint session of Congress on January 06, 2021 in Washington, D.C. Insurrectionists peek through the window of the door, which is broken.

Tragedy at the Capitol: Four Questions that Demand Answers

How can the U.S. Capitol, surrounded by one of the largest concentrations of law enforcement and national security personnel in the world, be so quickly overrun?

Jan. 9, 2021 Mark Nevitt

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…

Jan. 8, 2021 Elizabeth Goitein and Joseph Nunn

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.

Oct. 21, 2020 Mark Nevitt

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.

Oct. 20, 2020 Mark Nevitt

A member of the Oregon National Guard works a checkpoint along Highway 22 on September 13, 2020 in Lyons, Oregon. The dust is very thick and grainy from the fires.

COVID-19, California’s Wildfires, and Reimagining “The Reserves”

The military should support, but not be the crutch, on which disaster response hinges.

Sep. 25, 2020 Jordan Beauregard

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.

Sep. 23, 2020 Deana El-Mallawany, Christine Kwon and 1 more

National Guard Soldiers stand in a line blocking a side street along a Black Lives Matter rally in Boston, MA on June 3, 2020.

National Guard Risks and Recommendations in Public Order Management

Since the tragic murder of George Floyd by police on May 25, more than 20 states have activated National Guard units to support local law enforcement in response to protests…

Jun. 25, 2020 Emilia Pierce and Elizabeth Fray

A demonstrator walks in front of a row of military police members wearing riot gear as they push back demonstrators outside of the White House, June 1, 2020 in Washington D.C.

The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest

Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…

Jun. 3, 2020 Eugene R. Fidell

Members of the National Guard join police in holding a line on the fourth day of protests on May 29, 2020 in Minneapolis, Minnesota.

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?

Jun. 2, 2020 Mark Nevitt

Oregon Army National Guard Soldiers assist the Oregon Health Authority (OHA) in setting up the Oregon Medical Station (OMS) at the Oregon State Fairgrounds, March 19, 2020. The soldiers do not wear face masks and set up cots in a large room.

Military’s Response to the Coronavirus Crisis: Top 10 Principles

Ten key principles to follow as policymakers seek to utilize the military in a manner that is innovative, responsive to the crisis, and consistent with the rule of law.

Mar. 25, 2020 Mark Nevitt

So Far, Trump’s Border Guard Deployment Expected to Cost $180 Million

Because it was unsuccessful securing the amount of funding it wanted to build a wall on the U.S.-Mexico border, the Trump administration is moving ahead with its plan to deploy…

May 2, 2018 Kate Brannen