By Stacy M. Brown, NNPA Newswire Senior National Correspondent
Senators Elizabeth Warren (D-Mass.) and Richard Blumenthal (D-Conn.) have called on President Joe Biden and Defense Secretary Lloyd Austin to issue a directive limiting the use of military personnel for domestic purposes, warning against potential misuse by President-elect Donald Trump after he takes office on Jan. 20. The senators emphasized the significance of establishing clear guidelines to prevent the deployment of the military against American citizens without explicit constitutional or congressional authorization.
The Posse Comitatus Act, which forbids the use of federal troops in domestic law enforcement unless authorized by the Constitution or Congress, serves as the foundation for the request. While the Insurrection Act provides a narrow exception in cases of insurrection, rebellion, or extreme unrest, Warren and Blumenthal called for further restrictions to prevent abuse.
“Any deployment of federal forces must occur only when state or local authorities are overwhelmed and unable to ensure public safety,” the senators wrote. They also emphasized the importance of consulting Congress before deploying troops and ensuring service members understand their obligations to reject unlawful orders.
The senators’ letter notes growing concerns over Trump’s rhetoric and past actions. During his first term, Trump considered invoking the Insurrection Act to respond to Black Lives Matter protests, and some allies urged him to declare martial law after his 2020 election defeat. More recently, Trump has suggested using the military to deport immigrants without permanent legal status and relocating troops from overseas to the southern border. He has repeatedly referred to political opponents as “the enemy from within,” raising alarms about potential overreach.
In an interview with Fox News before the election, Trump said, “I think the bigger problem are the people from within. We have some very bad people. We have some sick people, radical left lunatics. And I think they’re the—and it should be very easily handled by—if necessary, by the National Guard or, if really necessary, by the military.”
The Posse Comitatus Act, an 1878 law that aims to limit presidential power, generally prohibits federal troops from engaging in domestic law enforcement. However, the Insurrection Act creates an exception, allowing the president to deploy military forces during extreme civil unrest. Critics, including civil liberties groups, have warned that Trump could exploit this loophole to misuse military power.
Joseph Nunn, a counsel at the Liberty and National Security Program at the Brennan Center for Justice at NYU Law, has already raised concerns about the Insurrection Act’s broad discretion. “Unless Congress acts now to reform this dangerous and antiquated law, there’s little anyone could do to stop him,” Nunn wrote last year, pointing to fears that Trump would abuse his authority if re-elected.
Warren and Blumenthal urged Biden to issue a directive that clarifies the deployment of military forces domestically only when civilian authorities are unable to maintain order and protect civil liberties. They also stressed the importance of adhering to the Standing Rules for the Use of Force, respecting constitutional protections like the writ of habeas corpus, and ensuring transparency by publishing all relevant legal authorities.
The senators’ offices said their letter speaks for itself but appeared aimed at drawing public attention to the issue in hopes of deterring Trump from reversing any directive issued by Biden. “The Constitution is clear, and it is essential that we uphold the rule of law and protect the rights of all Americans,” they wrote.
