Politics

Warren, Blumenthal urge Biden administration to limit Trump’s domestic military use

“Trump’s demonstrated intent to utilize the military in such dangerous and unprecedented ways, may prove to be devastating.”

Senator Elizabeth Warren is urging Joe Biden to issue a policy directive which would prevent the deployment of military personnel against Americans. Erin Clark/Globe Staff

By Lindsay Shachnow

December 2, 2024

2 minutes to read

Massachusetts Sen. Elizabeth Warren and Connecticut Sen. Richard Blumenthal sent a letter to President Joe Biden and Secretary of Defense Lloyd Austin Sunday, urging them to issue a policy directive which would prevent the deployment of military personnel against Americans “unless specifically authorized.”

Warren, a member of the Armed Services Committee, asked that the Insurrection Act — which allows the president to deploy the military for civilian law enforcement — be “narrowly applied and that the President must consult with Congress to the maximum extent practicable.”

“In instances when federal forces are necessary to protect or prevent violations of individuals’ civil liberties, federal forces should only be authorized when state, local, or federal civilian law enforcement personnel are unable, fail, or refuse to protect their rights,” the letter, dated Dec. 1, says.

For years, advocates have been calling to reform the Insurrection Act, calling it “dangerously vague” and “ripe for abuse.”

“In theory, the Insurrection Act should be used only in a crisis that is truly beyond the capacity of civilian authorities to manage,” according to New York University’s Brennan Center for Justice. “However, the Insurrection Act fails to adequately define or limit when it may be used and instead gives the president significant power to decide when and where to deploy U.S. military forces domestically.”

In his first term, Donald Trump considered using military force in response to Black Lives Matter protests and was encouraged to invoke martial law after losing the 2020 election, according to NBC News. And recently, Trump has promised to lean on military forces when launching the “largest deportation program in American history.”

In an October interview with Fox News’ Maria Bartiromo on “Sunday Morning Futures,” Trump was asked about fears of “chaos” ensuing on Election Day.

“We have some very bad people. We have some sick people, radical left lunatics,” he said. “It should be very easily handled by, if necessary, by National Guard or, if really necessary, by the military.”

Ahead of Trump’s inauguration, the senators hope the directive will serve as a preventive measure against the former president whose advisers are drafting plans to potentially invoke the Insurrection Act on day 1 in office, The Washington Post reported last month. Vice President Elect J.D. Vance has reportedly defended Trump’s pledge to use military force against certain Americans deemed “the enemy from within.”

Warren has also taken aim at Trump’s choice of Fox News host Pete Hegseth as his secretary of defense, calling for the appointment to “be rejected.”

In the letter, Warren and Blumenthal raised concerns about the U.S. Supreme Court’s Trump v. United States decision which “significantly expanded presidential immunity for official acts.”

“Given the disagreement amongst scholars on the serious implications of the recent Supreme Court decision, it is reasonable to assume that service members, other DoD personnel, and the broader military community may not be aware of or fully understand their rights and responsibilities,” the letter says. “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.”