Warren, Blumenthal Urge Biden Administration to Prevent Military Use Against Americans

Warren, Blumenthal Urge Biden Administration to Prevent Military Use Against Americans

"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"

Text of Letter (PDF)

Washington, D.C. - U.S. Senators Elizabeth Warren (D-Mass.) and Richard Blumenthal (D-Conn.) wrote a letter to President Joe Biden and Secretary of Defense Lloyd Austin, urging them to issue a policy directive prohibiting the mobilization of active duty military or federalizing National Guard personnel to be deployed against Americans unless specifically authorized.

This comes after President-elect Trump recently indicated that he could invoke the Insurrection Act "on his first day in office." He has called his political opponents "the enemy from within" and said they "should be very easily handled by - if necessary, by National Guard, or if really necessary, by the military." When asked to clarify these remarks in late October, Vice President-elect J.D. Vance reiterated that President-elect Trump would use force against Americans.

The senators asked for the directive to state the Insurrection Act should be narrowly applied and that the President must consult with Congress to the maximum extent practicable. The senators also point out the urgent need for this policy directive given questions raised by 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," wrote the senators. "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."

Specifically, the senators are urging President Biden to issue a policy directive that includes 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;
• 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;
• Any armed forces employed must operate under the Standing Rules for the Use of Force and cannot violate the writ of habeas corpus, federal law, or where applicable, federal or state law;
• The President must consult with Congress to the maximum extent practicable before exercising this authority, as well as transmit to the Federal Register the legal authorities.

"As many of us wrote previously, '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," wrote the senators.

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