president Trump’s threat to invoke the insurrection Act is sparking concern among critics who warn that the law’s sweeping powers make it easy to misuse, particularly in moments of domestic unrest. To help us understand what’s at stake, Geoff Bennett spoke with Elizabeth Goitein, senior director of the Liberty and National Security Program at the Brennan Center for Justice.
Geoff Bennett:
President trump’s threat to invoke the Insurrection Act is sparking concern among critics, who warn that the law’s sweeping powers make it easy to misuse, especially in moments of domestic unrest.
To help us understand what’s at stake,we’re joined now by Elizabeth Goitein,senior director of the Liberty and National Security Program at the Brennan Center for Justice.
Thank you for joining us.
Elizabeth Goitein:
My pleasure.
Geoff Bennett:
Based on President Trump’s past rhetoric and past actions, how seriously should we take the prospect that he might actually invoke the Insurrection Act?
Elizabeth Goitein:
I think we need to take it seriously.
He has certainly threatened to invoke the Insurrection Act in the past, but this is coming on the heels of a Supreme Court decision that rejected his efforts to use a different law to deploy the military in U.S. cities, but that left open the possibility of using the Insurrection Act.
And so I think in the wake of this sort of defeat that he faced in his attempts to deploy the military elsewhere, he might be looking for an possibility to show that he can still make good on his threats to use the military as a domestic police force inside the United States.
Geoff Bennett:
And, practically speaking, how would he do it?
Elizabeth Goitein:
Well, under the Insurrection Act, he would issue a proclamation. and then he would have the authority, at least unless the courts held that he didn’t, to deploy either active duty troops or to federalize the National guard and deploy National Guard forces.
And under the Insurrection Act, he can, at least in theory, use them to conduct law enforcement activities. So the Insurrection Act is generally considered to be an exception to the Posse Comitatus Act, and that’s the law that normally prohibits federal armed forces from engaging in civilian law enforcement.
Geoff Bennett:
How often has the Insurrection Act been used and in what situations?
Deployment of Military in U.S. Cities & The Insurrection Act
Table of Contents
This analysis examines claims regarding the deployment of federal agents and potential invocation of the insurrection Act, referencing a discussion between Geoff Bennett and Elizabeth Goitein. As of January 16,2026,the situation has evolved as the original discussion,but the core concerns regarding presidential authority and the use of the military domestically remain relevant.
Primary Entity: Donald Trump & presidential Use of Military Force
The discussion centers on former President donald Trump’s approach to utilizing the U.S. military for domestic law enforcement, a notable departure from historical precedent. Goitein highlights Trump’s expressed view of U.S. cities as “training grounds” for the armed forces.
Historical Deployments & The Posse comitatus Act
Historically, the deployment of troops for domestic law enforcement has been rare. The posse Comitatus Act (18 U.S.C. § 1385) generally prohibits the use of the U.S. military to enforce civilian law. However, exceptions exist, including those authorized by the Constitution or Congress.
Goitein’s claim that prior to Trump’s first year, troops were deployed only twice in the previous nine presidencies is largely accurate.These instances were responses to natural disasters and specific, limited situations. The Council on Foreign Relations details these historical deployments.
Trump, however, requested or initiated troop deployments or attempted deployments seven times in his first year alone. These included:
* 2017 – Hurricane response: Deployments for disaster relief are generally accepted under the Posse Comitatus Act.
* 2020 – Washington D.C. Protests: Following the death of George Floyd, federal law enforcement and National guard troops were deployed to Washington D.C. This deployment was controversial, with concerns raised about the use of force against peaceful protestors. NBC News reported extensively on the legal challenges.
* 2020 – Portland Protests: The deployment of federal agents to Portland,Oregon,to quell protests also sparked significant controversy and legal challenges. The ACLU filed suit challenging the legality of this deployment.
* Minneapolis, MN (as discussed in the source): The deployment to Minneapolis, following protests related to the death of George Floyd, fueled speculation about a broader strategy to justify invoking the Insurrection Act.
The Insurrection Act
The Insurrection Act (10 U.S.C. § 251) allows the president to deploy the military domestically in limited circumstances, such as to suppress insurrection, domestic violence, or enforce federal law.
The concern raised by Bennett – that the Minneapolis deployment was a “test case” to justify invoking the Insurrection Act – reflects anxieties about the potential for the militarization of domestic law enforcement and the erosion of constitutional protections.
Current Status (as of January 16, 2026)
While the Trump administration’s attempts to broadly utilize the military for domestic law enforcement faced legal challenges and public opposition, the debate over the insurrection Act and presidential authority remains active. The Biden administration has revised procedures governing the use of the Insurrection Act, aiming to narrow its scope and increase transparency. Though, the potential for future administrations to revisit these policies remains a concern for civil liberties advocates.
* Brennan Center for Justice: https://www.brennancenter.org/ (Organization providing analysis on issues of democracy and justice)
* Department of Justice (DOJ): https://www.justice.gov/ (Federal agency responsible for enforcing laws and administering justice)
* Department of Defense (DOD): https://www.defense.gov/ (Federal agency responsible for national security and the armed forces)
* American Civil Liberties Union (ACLU): https://www.aclu.org/ (
