Posse Comitatus

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.

Feb. 21, 2024 William Banks

Immigrants seeking asylum in the U.S., who are stuck in a makeshift camp between border walls between the U.S. and Mexico, sit as a Customs and Border Protection officer keeps watch while other migrants are lined up to be transported.

As Title 42 Comes to an End, So Should Military Operations at the US-Mexico Border

"The militarization of the southern border not only stigmatizes migrants and asylum seekers but also undermines core legal principles designed to protect democracy and individual…

May 19, 2023 Joseph Nunn

Military police in full riot gear are pictured near Lafayette Park ahead of President Trump's trip to St. John's Church in Washington DC on June 1, 2020, where protesters were tear gassed.

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…

Nov. 16, 2022 Ariela Rosenberg and Soren Dayton

Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

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…

Jul. 28, 2022 Joseph Nunn and Elizabeth Goitein

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.

Jan. 25, 2022 Mark Nevitt

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.

Dec. 21, 2021 Ryan Goodman and Justin Hendrix

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

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

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…

Dec. 22, 2020 Claire O. Finkelstein and Richard Painter

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."

Oct. 29, 2020 Dakota S. Rudesill

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