Cameron Miranda
Former US President Donald Trump has been accused of attempting to invoke the Insurrection Act to declare martial law in the United States. In December 2020, a fabricated tweet circulated on social media, claiming that Trump had declared martial law. While the tweet was fake, it sparked concern and debate about the potential for Trump to abuse his presidential powers. Trump has a history of threatening to use the military and law enforcement agencies against his enemies, and his plans for a second term included increased militarization of federal law enforcement to target various groups, such as people experiencing homelessness and drug dealers. Trump and his allies have also discussed deploying a large number of federal troops to the border, further raising concerns about the potential misuse of power. While there are no confirmed reports of Trump directly declaring martial law, his administration's liaison to the Department of Homeland Security, Paul Ingrassia, has promoted the idea of using martial law to keep Trump in office following the 2020 election.
| Characteristics | Values |
|---|---|
| Can Donald Trump claim martial law? | No, but he has expressed interest in the idea and has threatened to use the military and law enforcement agencies against his enemies. |
| Instances of interest in martial law | In December 2020, Trump asked about the possibility of imposing "martial law to 'rerun' the election". A fabricated tweet also circulated in December 2020, claiming Trump had invoked martial law. |
| Instances of threatening to use the military | Trump reportedly considered invoking the Insurrection Act twice during his first term, once during the Black Lives Matter protests and again as part of his efforts to stay in office after losing the 2020 election. He has also talked about deploying federal troops to the border and has used the National Guard against citizens protesting the murder of George Floyd. |
| Instances of threatening to use law enforcement agencies | Trump has repeatedly outlined plans to militarize law enforcement and has vowed to weaponize law enforcement against civilians, including deploying state and local police, multiple branches of the military, and federal law enforcement agents. |
What You'll Learn
Trump's Truth Social posts
In a series of Truth Social posts, former President Donald Trump has outlined plans for a second term that include an increased militarization of federal law enforcement. Trump has vowed to use military force to arrest people experiencing homelessness, "wage war" on drug dealers, crack down on border crossings, and ramp up the use of the death penalty.
These plans, according to a CREW analysis of over 13,000 of Trump's Truth Social posts, represent a significant expansion of presidential power and a weaponization of the federal government against civilians, infringing upon their civil liberties. Trump's posts have also revealed his intentions to deploy a "surge" of federal troops to the border, with numbers ranging from 100,000 to 300,000, far surpassing the number of troops sent by previous administrations.
Trump has also expressed interest in invoking the Insurrection Act, a law that grants the president broad powers to use the military as a domestic police force. This act, first enacted in 1792 and last updated in 1874, allows the president to take "such measures as he considers necessary" to suppress any "unlawful combination or conspiracy" that threatens the execution of US laws. Trump's allies have claimed they would invoke the Act on his first day in office during his second term.
While Trump has not explicitly mentioned declaring martial law in his Truth Social posts, the idea has been floated by his administration. Paul Ingrassia, the Trump administration's liaison to the Department of Homeland Security, shared posts on social media calling for "martial law" to keep Trump in office following the 2020 election. Ingrassia urged Trump to use emergency powers to delay Joe Biden's inauguration and call for a military-run revote in key battleground states.
Trump's consideration of invoking the Insurrection Act and his administration's support for martial law have raised concerns about the potential abuse of power and the infringement of civil liberties. Congress has been urged to take action and pass reforms to prevent the misuse of presidential power and to protect the rights of civilians.
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The Insurrection Act
During his first term, former President Donald Trump reportedly contemplated invoking the Insurrection Act on two occasions: during the Black Lives Matter protests and in his attempts to remain in office after losing the 2020 election. Trump's allies claimed they would invoke the Act on his first day of a potential second term. Trump has expressed intentions to increase the militarisation of law enforcement and has a history of threatening to use the military against his enemies.
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Use of military against domestic enemies
The Insurrection Act, which gives the president unchecked power to deploy the military on American streets, poses a threat to democracy. Former President Donald Trump has repeatedly threatened to use the military and law enforcement agencies against his domestic enemies. Trump's plan for a second term includes increased militarization of federal law enforcement to arrest people experiencing homelessness, "wage war" on drug dealers, crack down on border crossings, and ramp up the use of the death penalty.
Trump has also vowed to deploy state and local police, multiple branches of the military, and federal law enforcement agents from the Drug Enforcement Agency, Bureau of Alcohol, Tobacco, and Firearms, FBI, and Homeland Security agencies against people crossing the border. In 2020, Trump deployed the National Guard against citizens in Washington, D.C., protesting the murder of George Floyd, and sent officers from Customs and Border Protection and Immigration and Customs Enforcement to police protests in Portland, Oregon. This was the first time a U.S. President had used federal troops against civilians since 1992, when George H. W. Bush sent active-duty troops to Los Angeles in the wake of the Rodney King riots.
The Insurrection Act's broadest provisions, including the section authorizing the president to use the military or "any other means" to suppress any violation of federal law, were added in response to the Civil War and the white supremacist terrorist insurgency during Reconstruction. While these provisions were designed for a 19th-century country at war, they are no longer appropriate for the modern era, with well-equipped law enforcement agencies. The Act's vague and archaic language provides little guidance on when deployment is warranted, granting the president virtually limitless discretion.
To prevent the abuse of power, Congress should pass reforms that clarify ambiguities about presidential power and subject the president's military powers to vigorous oversight. This includes amending the language of the Insurrection Act to conform to its underlying intent, rather than providing a blank check to the president. Congress should also consider passing the Protecting Our Democracy Act to curb abuses of power and strengthen its ability to check executive branch overreach.
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Emergency powers
In the United States, emergency powers grant the president extended authority during crises. However, these powers have been subject to misuse and abuse. For example, former President Donald Trump fabricated an emergency to secure funding for his border wall after Congress refused to allocate funds.
Trump has also expressed his intentions to militarize law enforcement and federal agencies, threatening to use the military and law enforcement agencies against his enemies. In 2020, Trump deployed the National Guard against citizens in Washington, D.C., who were protesting the murder of George Floyd. This marked the first instance since 1992 of a U.S. President deploying federal troops against civilians.
Trump and his allies have discussed plans to "immediately deploy a 'surge' of federal troops" to the border during a potential second term, with numbers ranging from 100,000 to 300,000 troops. This would be a significant increase compared to previous presidents, such as Bush, who sent 6,000 troops, and Obama, who deployed 1,200.
Trump's Truth Social posts further indicate his intentions for increased militarization of government and police power. He has vowed to weaponize law enforcement against civilians, including deploying multiple branches of the military and federal law enforcement agencies.
During his first term, Trump considered invoking the Insurrection Act twice: once during the Black Lives Matter protests and again to maintain his position after losing the 2020 election. The Insurrection Act, enacted in 1792 and last updated in 1874, allows the president to use the military to assist civilian authorities overwhelmed by an insurrection, rebellion, or civil unrest. However, the vague and archaic language of the Act grants the president virtually limitless discretion, creating a loophole in the Posse Comitatus Act.
In December 2020, a fabricated tweet circulated, claiming that Trump had declared martial law under the Insurrection Act. While Trump dismissed the reports as "fake news", his administration's liaison to the Department of Homeland Security, Paul Ingrassia, shared posts calling for "martial law" to keep Trump in office following his election loss. Ingrassia urged Trump to use emergency powers to delay Joe Biden's inauguration and call for a military-run revote in key battleground states.
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Trump's second term plans
While Donald Trump has not explicitly stated that he will claim martial law, he has repeatedly outlined plans to militarize law enforcement. Trump's plan for a second term includes increased militarization of federal law enforcement to arrest people experiencing homelessness, "wage war" on drug dealers, crack down on border crossings, and ramp up the use of the death penalty.
Trump has also announced his intention to immediately deploy a 'surge' of federal troops to the border, sending anywhere between 100,000 to 300,000. This would be a significant increase compared to previous presidents, such as Bush, who sent 6,000 troops, and Obama, who sent 1,200. In 2020, Trump deployed the National Guard against citizens protesting the murder of George Floyd, marking the first time a U.S. President had used federal troops against civilians since 1992.
Trump's other plans for a second term include addressing the military recruitment crisis and restoring the culture and honor of the armed forces, as well as shifting endowments from private universities to a new institution called the American Academy. He also intends to "revolutionize higher education" by reclaiming educational institutions from the "radical Left". Additionally, Trump has proposed phasing in tariffs and import restrictions to achieve independence from China and bring back the production of essential medicines to the United States.
Trump's approval ratings in the early weeks of his second term stand at 47%, with 37% strongly approving of his handling of the job as president. However, Americans are divided over his plans, with about a third (35%) supporting all or most of his policies, while 47% support only a few or none.
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Frequently asked questions
No, a tweet claiming that Donald Trump declared martial law was fabricated.
Yes, Paul Ingrassia, the Trump administration’s liaison to DHS, shared an article that called for "martial law" to keep Donald Trump in office following his loss in the 2020 election.
Declaring martial law would allow the president to use the military to assist civilian authorities when they are overwhelmed by an insurrection, rebellion, or other civil unrest.
Donald Trump has repeatedly outlined plans to militarize law enforcement and has threatened to use the military and law enforcement agencies against his enemies. He has also invoked the Alien Enemies Act of 1798, a wartime authority that allows the president broader leeway on policy and executive action.
Congress should reform the Insurrection Act and pass the Protecting Our Democracy Act to curb abuses of power by presidents and strengthen Congress’s ability to fulfill its constitutional role as a check on executive branch overreach.
