President Donald Trump, who has recently and repeatedly floated invoking the Insurrection Act, implied that the courts would be powerless to prevent it.
Speaking to reporters aboard Air Force One as he traveled in Asia this week, President Trump on Wednesday was asked about remarks he made on Tuesday — that he could send more than just the National Guard into American cities.
“Sure, I would, I would do that if it was necessary,” Trump replied. “You know, if it was necessary, I’d do that, but it hasn’t been necessary. We’re doing a great job without that, but, yeah, if it was necessary.”
“As you know, I’m allowed to do that,” he said.
“But, you know, if I want to enact a certain act, I’m allowed to do it,” he claimed, appearing to refer to the Insurrection Act while not naming it.
“Routinely, other, about 50% of presidents have used that, as you know, and I’d be allowed to do whatever I want.”
Substantially less than half of U.S. presidents have invoked the Insurrection Act. The last one to do so was President George H. W. Bush, in 1992.
“But I’d be allowed to do that, you understand,” Trump continued.
“And the courts wouldn’t get involved, nobody would get involved, and I could send the Army, Navy, Air Force, Marines, I could say, send anybody I wanted, but I haven’t done that because we’re doing so well without it.”
On Tuesday, Trump told reporters: “You know, people don’t care if we send in our military, if we send in our National Guard, if we send in Space Command, they don’t care who the hell it is.”
“Really, we could do as we want to do,” he insisted.
Earlier this month, according to Politifact, Trump said: “Don’t forget I can use the Insurrection Act. Fifty percent of the presidents, almost, have used that. And that’s unquestioned power.”
And two weeks ago, again, Trump told reporters, “I could use it. If I wanted to, I could use it … I’m allowed to use the Insurrection Act.”
Just days ago, more than forty members of Congress, including military veterans, urged Trump to not violate the Posse Comitatus Act or the Insurrection Act by using U.S. Armed Forces against Americans on American soil.
During the first Trump presidency, in 2020, he said in a Rose Garden speech, “If a city or a state refuses to take the actions that are necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them.”