The insurrection now going on in America should prompt the president to invoke the Insurrection Act and deploy it in cities where Black Lives Matter, antifa and other similarly aligned organizations are embarking on a violent campaign to destroy infrastructure, private property and free speech.
Both the Democrats and the Republicans are playing a dangerous game of politics with these insurrection activities. While it is the governors and mayors of the Democrat-run cities that are the targets of the activities, they all criticize President Trump, saying he is the responsible party. Nothing could be further from the truth. Mr. Trump continues to wait for these mayors and governors of cities such as Portland, Seattle and Chicago to request help from the federal level, but these politicians refuse to do that.
Mr. Trump has an obligation to invoke the Insurrection Act, under which he has the power to deploy the navy and army into the cities to restore order.
The Insurrection Act of 1807 is a United States federal law (10 U.S.C. §§ 251–255; prior to 2016, 10 U.S.C. §§ 331–335; amended 2006, 2007) that empowers the President of the United States to deploy U.S. military and federalized National Guard troops within the United States in particular circumstances, such as to suppress civil disorder, insurrection and rebellion.
The act provides a “statutory exception” to the Posse Comitatus Act of 1878, which limits the use of military personnel under federal command for law enforcement purposes within the United States.
Before invoking the powers under the Act, 10 U.S.C. § 254 requires the President to first publish a proclamation ordering the insurgents to disperse. As part of the Posse Comitatus Act of 1878, these provisions are now codified as amended.
There are Constitutional exceptions to Posse Comitatus restrictions rooted in the President’s own constitutional authority. Defense Department guidelines describe “homeland defense” as a “constitutional exception” to Posse Comitatus restriction, meaning that measures necessary to guarantee National Security from external threats are not subject to the same limitations.