Democratic senators urge Pentagon to try to limit Trump's domestic use of the military

The senators urged Defense Secretary Lloyd Austin and President Joe Biden to create a policy that would only allow U.S. forces to be used domestically if states or local authorities ask for it.

Published: December 2, 2024 4:52pm

Democratic Sens. Elizabeth Warren of Massachusetts and Richard Blumenthal of Connecticut urged the Biden administration and the Pentagon to try and limit President-elect Donald Trump's use of the U.S. military on domestic issues.

The letter, which was dated Nov. 26 but first reported by NBC News on Monday, comes after Trump suggested using the national guard or other U.S. forces to help deport illegal immigrants. He previously considered using the Insurrection Act to respond to the Black Lives Matter riots in his first term.

The senators urged Defense Secretary Lloyd Austin and President Joe Biden to create a policy that would only allow U.S. forces to be used domestically if states or local authorities ask for it.

“We write to urge you to issue a policy directive that prohibits the mobilization of active duty military or federalizing National Guard personnel to be deployed against their fellow Americans unless specifically authorized,” the lawmakers wrote. 

“We urge you to issue a policy directive that makes clear that the narrow application of the Insurrection Act should be limited to instances when State or local authorities are so overwhelmed and that the chief executive of the State requests assistance, or attacks against the U.S. government overwhelm State or local authorities," they added.

The senators also asked the Pentagon to create a policy that would also force future administrations to go to Congress before using the military as domestic law enforcement in any matter.

Presidents are currently only allowed to authorize the military for domestic use in cases of insurrection, rebellion, or extreme civil unrest, according to the outlet. Otherwise they need approval from Congress.

Warren and Blumenthal said that the recent Supreme Court decision which expanded presidential immunity for official acts made the need for a new policy more urgent. 

“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 senators wrote. “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."

If Biden does create a new policy, Trump could still override it when he takes office next month.

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.

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