Warren and Blumenthal call on Biden to restrict domestic use of the military

Senators Elizabeth Warren (D-Mass.) and Richard Blumenthal (D-Conn.) have called on President Joe Biden and Defense Secretary Lloyd Austin to issue a directive to limit the use of military personnel for domestic purposes and protect against possible presidential abuses to warn -Vote for Donald Trump after he takes office on January 20th.

The senators emphasized the importance of clear guidelines to prevent the military from being used against American citizens without express authorization from the Constitution or Congress.

The request is based on the Posse Comitatus Act, which prohibits the use of federal troops for domestic law enforcement unless authorized by the Constitution or Congress.

While the Insurrection Act provides a narrow exception in cases of insurrection, rebellion or extreme unrest, Warren and Blumenthal called for further restrictions to prevent abuse.

“Any use of federal forces must occur only when state or local authorities are overwhelmed and unable to ensure public safety,” the senators wrote.

They also emphasized the importance of consulting Congress before deploying troops and ensuring service members understand their responsibilities to refuse unlawful orders.

The senators’ letter notes growing concerns about Trump’s rhetoric and past actions.

During his first term, Trump considered invoking the Insurrection Act to respond to Black Lives Matter protests, and some allies urged him to declare martial law after his 2020 election loss. More recently, Trump has proposed using the military to deport immigrants without permanent residency status and moving troops from overseas to the southern border.

He has repeatedly described political opponents as “enemies from within” and warned of possible overreach

In an interview with Fox News before the election, Trump said: “I think the bigger problem is the people on the inside.” We have some very bad people. We have some sick people, radical left-wing crazy people. And I think they are – and this should be very easy to manage – if necessary, the National Guard or, if really necessary, the military.”

Under the Posse Comitatus Act, an 1878 law designed to limit presidential power, federal troops are generally prohibited from engaging in domestic law enforcement.

However, the Insurrection Act provides an exception that allows the president to use military forces in cases of extreme unrest. Critics, including civil rights groups, have warned that Trump could exploit this loophole to abuse military power.

Joseph Nunn, an attorney with the Liberty and National Security Program at NYU Law’s Brennan Center for Justice, has already raised concerns about the Insurrection Act’s broad discretion. “If Congress does not act now to reform this dangerous and outdated law, there is little anyone can do to stop it,” Nunn wrote last year, citing fears that Trump would abuse his authority if re-elected.

Warren and Blumenthal called on Biden to issue a directive making clear that armed forces can only be used domestically when civilian authorities are unable to maintain order and protect civil liberties. They also stressed the importance of adhering to standing rules on the use of force, respecting constitutional protections such as the habeas corpus law, and ensuring transparency through publication by all relevant judicial authorities.

The senators’ offices said their letter speaks for itself but appears aimed at drawing public attention to the issue in hopes of deterring Trump from reversing a policy issued by Biden.

“The Constitution is clear and it is important that we uphold the rule of law and protect the rights of all Americans,” they wrote.