Two Democratic senators, Elizabeth Warren of Massachusetts and Richard Blumenthal of Connecticut, have urged President Joe Biden and Defense Secretary Lloyd Austin to take immediate action to prevent the U.S. military from being mobilized against American citizens in the future. Their concern centers on a potential misuse of the Insurrection Act by President-elect Donald Trump when he returns to power on January 20.
In a letter sent on Sunday, the senators called for a directive that strictly limits the use of the act, allowing its application only in extreme circumstances such as insurrections, rebellions, or severe civil unrest.
“It is antithetical to what those in uniform have sworn to protect and defend, and a serious threat to our democratic system, to weaponize the military to advance the president’s political interests,” they wrote, emphasizing the principle of military neutrality.
During his previous administration, Trump considered deploying active-duty troops to the streets of Washington, D.C., to suppress racial justice protests in 2020. While units were stationed near the capital, then-Defense Secretary Mark Esper ordered them to stand down without consulting the White House. Esper later recounted the episode in his memoir, stating, “I couldn’t trust they wouldn’t reverse my decision.” He also described how Trump “launched into a tirade” and accused him of betrayal after Esper publicly opposed invoking the Insurrection Act to quell the unrest.
Warren and Blumenthal argue that a clear directive should stipulate that the Insurrection Act can only be invoked upon the explicit request of a state governor when local authorities are completely overwhelmed, or in cases of direct attacks on the federal government. Furthermore, they maintain that the president should consult Congress “to the maximum extent practicable” before enacting the measure.
The urgency of these limitations has been heightened by a recent Supreme Court decision granting presidents broad immunity for official acts carried out during their term—a ruling that some experts warn could extend to the military sphere.
The senators highlighted the potential risks of confusion among service members in the absence of precise guidelines. While military personnel are obligated to refuse unlawful orders, Warren and Blumenthal expressed concern that many may not fully understand their rights and responsibilities in high-pressure situations.
“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,” they wrote.
