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Sens. Warren, Blumenthal urge Biden to define limits of military use on American soil
Two members of the Senate's Armed Services Committee are urging President Biden to act now to limit President-elect Donald Trump's ability to use the nation's military against its own citizens.
Massachusetts Sen. Elizabeth Warren and Connecticut Sen. Richard Blumenthal said they were concerned with statements made by Trump about dealing with "the enemy from within."
"We write to urge you to issue a policy directive that prohibits the mobilization of active duty military or federalizing National Guard personnel to be deployed against their fellow Americans unless specifically authorized," they wrote in a public letter addressed to Biden and Secretary of Defense Lloyd Austin, dated Dec. 1.
The senators asked Biden and Austin to define the limits of The Insurrection Act. Specifically, the letter asks the administration to:
- narrow the application of the Insurrection Act to cases in which a state's chief executive requests help;
- only deploy the military when "state, local, or federal civilian law enforcement personnel are unable, fail, or refuse to protect" civil liberties;
- ensure if troops get deployed that they do not violate the writ of habeas corpus, federal law, or where applicable, federal or state law;
- clarify that the president must consult with Congress "to the extent practicable" before deploying troops.
The senators expressed urgency, noting when Trump considered sending the military to Washington D.C. in his first administration during protests in the summer of 2020. Citing a recent report in The Washington Post, they said troops made it to the outskirts of the city but were never deployed.
The letter also pointed to a recent Supreme Court decision that established broad immunity for presidents, a ruling that critics contend place the president above the law. The ruling has also sparked discussion among legal scholars about whether military personnel could still disobey an unlawful order if given by the president.
"If unaddressed, any ambiguity on the lawful use of military force, coupled with President-elect Trump’s demonstrated intent to utilize the military in such dangerous and unprecedented ways, may prove to be devastating," they wrote.
