Senators Warren and Blumenthal are calling on Biden to set limits on military deployment on American soil

Two members of the Senate Armed Services Committee are calling on President Biden to act now to limit President-elect Donald Trump’s ability to use the country’s military against its own citizens.

Massachusetts Sen. Elizabeth Warren and Connecticut Sen. Richard Blumenthal said they were concerned about Trump’s statements about dealing with “the enemy within.”

“We write to urge you to enact a policy that prohibits the mobilization of active military or federalized National Guard personnel against their fellow Americans unless specifically authorized,” they wrote in a public letter to Biden and Secretary of Defense Lloyd Austin, December 1st.

The senators called on Biden and Austin to set the boundaries of the Insurrection Act. Specifically, the letter calls on the administration to:

• limit the application of the Insurrection Act to cases where the head of government of a state requests assistance;
• Use the military only when “state, local, or federal civilian law enforcement personnel are unable, fail, or refuse to protect civil liberties.”
• When deploying troops, ensure that they do not violate the writ of habeas corpus, federal law, or, if applicable, federal or state law.
• Make it clear that the president must consult Congress “to the extent possible” before sending troops.

The senators expressed their urgency, pointing out that Trump in his first term considered sending the military to Washington DC during protests in the summer of 2020. Citing a recent report in the Washington Post, they said troops made it to the outskirts of the city but never deployed.

The letter also referenced a recent Supreme Court decision that established broad immunity for presidents, a decision that critics say puts the president above the law. The ruling also sparked debate among legal scholars about whether military members could still disobey an unlawful order from the president.

“If left unaddressed, any confusion about the lawful use of military force, coupled with President-elect Trump’s demonstrated intent to use the military in such dangerous and unprecedented ways, could prove devastating,” they wrote.