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Warren urges Biden to limit Trump’s domestic military deployment

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“Trump’s demonstrated intent to use the military in such dangerous and unprecedented ways could prove devastating.”

Warren urges Biden to limit Trump’s domestic military deployment

Senator Elizabeth Warren is calling on Joe Biden to enact a policy directive that would prevent the use of military personnel against Americans. Erin Clark/Globe Staff

Massachusetts Senator Elizabeth Warren and Connecticut Senator Richard Blumenthal sent a letter to President Joe Biden and Defense Secretary Lloyd Austin on Sunday urging them to enact a policy directive against the use of military personnel against Americans would prevent “unless expressly authorized”.

Warren, a member of the Armed Services Committee, called for the Insurrection Act — which allows the president to use the military for civilian law enforcement — “to be applied narrowly and for the president to consult Congress to the fullest extent possible.”

“In cases where federal forces are necessary to protect or prevent violations of the civil liberties of individuals, federal forces should be authorized only when state, local, or federal civilian law enforcement personnel are unable, failing, or failing refuses to protect their rights,” the statement said. A letter dated Dec. 1 said:

For years, advocates have called for reform of the insurrection law, calling it “dangerously vague” and “ripe for abuse.”

“In theory, the Insurrection Act should only be used in a crisis that is truly beyond the capacity of civilian authorities,” according to the Brennan Center for Justice at New York University. “However, the Insurrection Act does not adequately define or limit when it may be used, but rather gives the President significant authority to decide when and where U.S. forces are stationed domestically.”

According to NBC News, Donald Trump considered using military force in his first term in response to Black Lives Matter protests and was encouraged to declare martial law after losing the 2020 election. And recently, Trump promised to rely on military forces to launch the “largest deportation program in American history.”

In an October interview with Fox News’ Maria Bartiromo on Sunday Morning Futures, Trump was asked about fears of “chaos” on Election Day.

“We have some very bad people. We have some sick people, radical left-wing crazy people,” he said. “It should be able to be handled very easily by the National Guard if necessary or by the military if really necessary.”

Ahead of Trump’s inauguration, senators hope the directive will serve as a preemptive measure against the former president, whose advisers are drawing up plans to potentially invoke the Insurrection Act on his first day in office, The Washington Post reported last month. Vice President-elect JD Vance has reportedly defended Trump’s promise to use military force against certain Americans deemed an “enemy within.”

Warren has also spoken out against Trump’s choice of Fox News host Pete Hegseth as his defense secretary, calling for the appointment to be “rejected.”

In the letter, Warren and Blumenthal raised concerns about the U.S. Supreme Court’s Trump v. United States decision, which “significantly expanded presidential immunity for official acts.”

“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,” said the letter says. “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.”

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Lindsay Shachnow covers general assignment news for Boston.com, covering breaking news, crime and politics across New England.

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