Two Democratic senators are calling on Biden to try to limit military use against Americans

Senators Elizabeth Warren (D-Mass.) and Richard Blumenthal (D-Conn.) called on President Joe Biden and Defense Secretary Lloyd Austin to take action in their final weeks in office to prevent new President Donald Trump from doing so Military attacks the US public.

In a letter on Sunday, the two stressed that unrest could occur within the armed forces if legal advice was not given.

Trump has said he will direct the U.S. military to assist Immigration and Customs Enforcement officials in his plans to deport immigrants without permanent residency status, an unprecedented move that critics see as an attack on personal freedoms. He also discussed the use of the armed forces against perceived enemies and, before the November 5 election, suggested using the military if necessary against “left-wing lunatics.”

The Democratic senators suggested that Biden issue a policy restricting the president’s authority to use the military to enforce civilian law.

There are already rules. A law enacted after Reconstruction, the Posse Comitatus Act of 1878, states that the use of any part of the armed forces “to enforce the laws” is punishable by a fine or imprisonment, except “in cases and under circumstances expressly provided for by the Constitution or the law are approved”. of Congress.”

But the Insurrection Act provides a loophole of sorts.

Under this law, the president can use the military against Americans in certain emergency situations that are not fully understood; The Brennan Center for Justice, a progressive nonprofit, called the language “dangerously vague.”

Trump has indicated he would immediately declare a national emergency over what he calls an immigrant “invasion,” which would pave the way for him to mobilize the military on U.S. soil.

In their letter, Warren and Blumenthal said the policy directive should specify that the Insurrection Act’s application be limited to very narrow cases where state or local authorities are “overwhelmed” and “that the President should consult Congress to the greatest extent possible.” must consult”. before ordering the military to take action. The troops must also adhere to basic principles of the criminal justice system, such as the habeas corpus petition, or a person’s right to be brought before a court to receive a formal decision on their detention, the two said.

The senators called on Biden and Austin to act quickly in light of the Supreme Court’s recent decision on presidential immunity, which has significantly expanded a president’s ability to act without fear of subsequent prosecution.

They pointed to unresolved questions about the real-world impact of this decision.

“While the President may be immune, legal scholars have explained that this decision should have no impact on service members’ obligation to refuse unlawful orders,” Warren and Blumenthal wrote.

“Given the disagreement among scholars about the serious implications of the recent Supreme Court decision, it is reasonable to assume that service members, other Department of Defense personnel, and the broader military community may not be aware of or fully understand their rights .” and responsibilities,” they said.

“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.”

As CNN reported last month, Pentagon officials have already begun discussing how to respond to a situation in which Trump issues a controversial order.

“Troops are required by law to disobey unlawful orders,” a defense official told the outlet. “But the question is what happens then – do we see resignations of senior military leaders? Or would they see this as abandonment of their people?”

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