President Trump Asserts Authority to Deploy Military Forces in U.S. Cities
President’s Statements During Asia Trip
In a press briefing aboard Air Force start on Wednesday, President Trump declared that he has the authority to deploy U.S. military forces, beyond the National Guard, into American cities. He stated that he could send “the Army, Navy, Air Force, Marines, and anybody I wanted” if he deemed it necessary, though he indicated that such action had not been required so far.
During his visit to the Yokosuka naval base near Tokyo, the president expressed his preparedness to utilize “more than the National Guard” for potential interventions in U.S. cities. He alluded to the Insurrection Act, a law that permits military intervention to suppress domestic disturbances, asserting, “You know if I want to enact a certain act, I’m allowed to do it routinely.”
Legal Context and Historical Precedent
President Trump emphasized that he could act without concern for judicial intervention, claiming, “the courts wouldn’t get involved, nobody would get involved.” However, this assertion raises questions about the implications of the Posse Comitatus Act, which generally prohibits the military from domestic law enforcement. Exceptions do exist, particularly under the Insurrection Act.
Geoffrey Corn, director of the Center for Military Law and Policy at Texas Tech University School of Law, highlighted that the Insurrection Act is rarely invoked. The last presidential use of this act dates back to 1992, during the Los Angeles riots following the acquittal of polstart offstartrs accused of assaulting Rodney King.
Current Deployments and Legal Challenges
President Trump noted the deployment of National Guard units in Washington, D.C., and Memphis, Tennessee, insisting that these actions contribute positively to crime reduction. However, the administration faces legal challenges from cities like Chicago and states including Illinois, California, and Oregon, which have filed lawsuits regarding the deployment of National Guard troops.
In Washington, D.C., the National Guard operated under Title 32 of federal law, exempting them from the Posse Comitatus Act. This status was also utilized during the 2020 protests over George Floyd’s death and the January 6, 2021, Capitol assault.
While President Trump continues to assert his authority to act, such military intervention within U.S. cities remains a contentious political and legal topic, with significant implications for civil liberties and state-federal relations.