As President Donald J. Trump threatens to invoke the Insurrection Act as a response to protests, riots, and acts of civil disobedience in the aftermath of the death in policy custody of Minneapolis resident George Floyd, the media in the US and abroad has turned to national security expert Professor Mark Nevitt to explain what the law is and what the Trump Administration can and can’t do to quell civil unrest …
The Insurrection Act, the 1807 law Trump could use to deploy troops to curb protests, explained
(Vox) | June 2, 2020
… By far the most important of those authorizations—and the one most likely to come into play in this situation—is the Insurrection Act.
“This is the legal key that unlocks the door to use federal military forces … to quell civil unrest,” Mark Nevitt, a military law expert at the US Naval Academy, wrote for the Just Security website last Friday.
Nevitt noted two main ways the Insurrection Act could be invoked for the protests …
Trump threatens to invoke Insurrection Act
(Politico) | June 2, 2020
The last time the Insurrection Act was invoked was to quell riots in Los Angeles in 1992 after a request by then-Gov. Pete Wilson.
But retired Navy Cmdr. Mark Nevitt outlined in an analysis on Monday those provisions in the law that Trump could use without the consent of governors …
Can Donald Trump really invoke the Insurrection Act to send troops into states?
(PolitiFact) | June 2, 2020
… “In requesting federal troops to patrol Los Angeles, (California Gov. Pete) Wilson specified that the California National Guard lacked the ability to quell the domestic disturbance,” wrote Mark P. Nevitt, a professor at the U.S. Naval Academy. President George H.W. Bush then issued an executive order that authorized the defense secretary to federalize the California National Guard and deploy active-duty Army and Marine personnel.
However, such decisions have not been made lightly, Nevitt wrote, even in the direst of emergencies …
Five things to know about Trump’s legal power under the Insurrection Act
(The Hill) | June 2, 2020
… if a U.S. military member were to adhere literally to Trump’s controversial invocation of the phrase “when the looting starts, the shooting starts,” Nevitt wrote, it would mark a clear violation of the rules …
George Floyd protests: Trump threatens to deploy ‘heavily armed’ US military
(The Independent) | June 2, 2020
“Can Trump use the Military to respond to Minneapolis? Yes, but this is subject to certain, critical legal restrictions under both the Posse Comitatus Act and the Insurrection Act,” Mark Nevitt, a law professor at the US Naval Academy wrote for Just Security.
“The Insurrection Act is, by far, the Posse Comitatus Act’s most important exception,” Mr Nevitt added. “This is the legal key that unlocks the door to use federal military forces – whether through federalising the National Guard or calling in “’title 10 forces’ to quell civil unrest” …