Civil Action Podcast

Civil Action: Trump Threatens Military on Americans

Attorneys Brian Kabateck and Shant Karnikian explain the Insurrection Act and why Trump threatening to invoke it represents a dangerous authoritarian power grab to deploy U.S. military against American citizens. The hosts trace the Act’s history from George Washington’s 1792 response to the Whiskey Rebellion through Thomas Jefferson’s 1807 formalization, detailing how it authorizes presidents to deploy troops domestically in only three narrow circumstances: suppressing insurrection with state request, enforcing federal law when obstructed, or protecting civil rights when states refuse to act. They reveal how Trump is bastardizing this law by threatening to invoke it for immigration enforcement, fighting crime in Democratic cities, and influencing elections—even deploying troops to California’s Dodger Stadium during Proposition 50 voting while his election denier Heather Honey advocates using it for “election integrity.” The attorneys explain how the Insurrection Act overrides the Posse Comitatus Act of 1878 that bars military from policing civilians, and how legitimate past uses included integrating segregated schools in the 1950s-60s and the 1992 LA riots with Governor Pete Wilson’s consent. Courts have already blocked Trump’s troop deployments in Portland and Chicago for failing to show actual insurrection, with federal judges ruling his claims of “rebellion” are fabricated when protesters simply oppose ICE raids, making his threatened invocation clearly illegal executive overreach.