Gavin Howe
Rumors have been circulating that former US President Donald Trump will declare martial law and rerun the 2020 election, which he lost. These rumors, which gained traction on social media platforms like TikTok, Facebook, and Reddit, are based on a January 20, 2025, executive order that declared a national emergency at the US southern border. The order required the secretaries of defense and homeland security to submit a report within 90 days, by April 20, assessing the situation at the border and recommending whether to invoke the Insurrection Act of 1807. While the Insurrection Act allows the president to deploy the military domestically, legal experts argue that it does not amount to martial law, which involves the suspension of civil liberties and the replacement of civilian government and legal processes with military authority. There is currently no credible evidence that Trump is considering declaring martial law, and he has not publicly discussed the idea.
| Characteristics | Values |
|---|---|
| Date of declaration | 20th April 2025 |
| Source of information | Social media platforms like TikTok, Facebook, Reddit, etc. |
| Type of order | Martial Law-type order |
| Objective | To rerun the election he lost |
| Scope | National level |
| Previous instances | During World War II, Civil Rights movement, and in certain parts of the US during the Civil War |
| Powers granted | Deployment of the military on US soil |
| Legal basis | Insurrection Act of 1807 |
| Outcome | Unfounded claims, no credible evidence or reporting |
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What You'll Learn
The Insurrection Act of 1807
The Insurrection Act is often referred to as the "Insurrection Act of 1807", but it is actually an amalgamation of different statutes enacted by Congress between 1792 and 1871. These provisions occupy Sections 251 through 255 in Title 10 of the United States Code.
The Insurrection Act is the primary exception to the Posse Comitatus Act, which forbids the US military from taking part in civilian law enforcement. Invoking the Insurrection Act temporarily suspends this rule and allows the president to deploy the military to assist civilian authorities with law enforcement. This might involve soldiers enforcing a federal court order or suppressing an uprising against the government.
The Insurrection Act has been criticised as being dangerously vague and in urgent need of reform. It fails to adequately define or limit when it may be used, and gives the president significant power to decide when and where to deploy US military forces domestically. In 2022, the Brennan Center for Justice submitted a proposal to the January 6 House committee to reform the Insurrection Act with the intent of clarifying vague language and updating its contents to reflect present-day issues.
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Martial law and suspension of civil liberties
Martial law is a term without a precise meaning. It is not defined in the US Constitution or an act of Congress. While it has been declared before, the circumstances in which presidents have invoked martial law are incredibly narrow. It would require active hostilities on US territory that prevent civilian legal proceedings from occurring.
Under martial law, civilian rule is replaced by military authority, and constitutional rights such as freedom of assembly, speech, and due process may be suspended. Martial law, therefore, suspends civil liberties, including for citizens.
In contrast, the Insurrection Act allows the President to retain state and administration powers while selectively using military powers to enforce law and order. The Insurrection Act has been described as dangerously vague and in need of reform.
There is no credible evidence that martial law is being considered in the US. Legal experts have said they do not see a clear path for Trump to lawfully implement martial law.
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Trump's executive order on January 20
Rumors have been circulating that former President Donald Trump will declare martial law on April 20, 2025. This date is 90 days after Trump's January 20, 2025, executive order, which declared a national emergency at the southern US border. The order directed the secretaries of defense and homeland security to submit a joint report by April 20, assessing the situation at the border and recommending whether to invoke the Insurrection Act of 1807.
The Insurrection Act grants the president the authority to deploy US military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law. It has been used sparingly throughout history and has not been invoked at a national level since the Civil War, although it has been declared at the state level a few times, including during World War II and the Civil Rights movement.
It is important to note that these rumors of impending martial law are unfounded and there is no credible evidence or reporting to support them. The southern border, which is the focus of the executive order, is already among the calmest it has been in years. Additionally, there has been no indication that the US administration is preparing to initiate martial law or that any military mobilization is planned.
While Trump did discuss the idea of declaring martial law to "rerun" the 2020 election he lost, he later denied this on Twitter, calling it "fake news." Trump also threatened in 2020 to send federal forces to quell protests and violence following George Floyd's death, which involved invoking the Insurrection Act. However, as of April 2025, there is no indication that Trump or the US administration is considering martial law.
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Rumours of martial law on social media
Social media platforms like TikTok have become a breeding ground for unfounded theories that former President Donald Trump will declare martial law on April 20, 2025. The hashtag #martiallaw has been used in 21.5k posts across TikTok, some of which refer to the April 20 date. There is no credible evidence or reporting that martial law is being considered anywhere in the U.S.
In a now-deleted video, TikTok user @Aja_Ky pointed to the executive order tied to the Department of Defense and Homeland Security and said: "The only way [Trump] has to do this is to declare and publish a proclamation that orders these parties to disperse." Another video with over 16,000 likes, from user @AppalachianPrepper3.0, said that he's "been hearing a lot of talk about this date," referring to the April 20 deadline to invoke the Insurrection Act.
On Facebook, one user posted: "He's setting us up for Martial Law.... just in case y'all were wondering how he plans on dealing with the backlash he's receiving. April 20." Another user shared the rumour, also noting former German dictator Adolf Hitler's birthday as April 20, and wrote: "Upcoming MAGA special events... April 20. Trump declares martial law in the United States of America."
On Reddit, one user wrote: "I just learned about this executive order (section 6-b) which says Trump will invoke the Insurrection Act of 1807 on April 20th, which will amount to declaring martial law."
However, legal experts have said they do not see a clear path for Trump to lawfully implement martial law. They have also pointed out that the Insurrection Act is different from martial law. While martial law gives complete control of the administration and running of state affairs to a military general, the Insurrection Act keeps powers with the president, who selectively uses military powers to enforce law and order.
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Historical use of martial law in the US
Martial law in the United States refers to instances in history where a region, state, city, or the entire country was placed under the control of a military body. While the US President and Congress have the power to impose martial law, it has not been invoked at a national level since the Civil War. However, it has been declared at the state level a few times since then, including during World War II and the Civil Rights Movement.
Historically, martial law has been imposed at least 68 times, mostly in limited or local areas. For example, in 1863, President Lincoln imposed Congressionally authorized martial law on Kentucky, Maryland, and Missouri, suspending habeas corpus and civil rights. In 1871, Chicago Mayor Roswell B. Mason declared martial law after the Great Chicago Fire, placing General Philip Sheridan in charge of the city. In 1906, federal troops were pressed into martial law service following the San Francisco earthquake, and martial law was also declared in Utah during the Utah War.
Martial law has also been invoked during riots and civil unrest. For instance, in 1919, local leaders declared martial law in Omaha during a race riot, and in 1920, it was declared during the Lexington riots. In the 1930s, Oklahoma Governor William Murray declared martial law at least six times, and possibly more than 30 times, during his tenure. In 1941, Hawaii was placed under martial law after the Japanese attack on Pearl Harbor, and it remained in effect until 1942.
While the exact dates are unclear, martial law was also declared in Nauvoo, Illinois, during the Illinois Mormon War, and in New Orleans during the Battle of New Orleans. Additionally, in 1963, it was imposed during the Cambridge riot, a part of the Civil Rights Movement.
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Frequently asked questions
There is no evidence that Trump can declare martial law. Legal experts have stated that there is no clear path for Trump to lawfully implement martial law. In a 1946 ruling, the US Supreme Court wrote that the term "martial law" was not defined in the Constitution or an act of Congress.
Martial law gives complete control of the administration and running of state affairs to a military general. It suspends civil liberties, including for citizens, and places military authority above civilian rule.
The Insurrection Act is a set of federal laws dating back to 1807. It grants the President the authority to deploy the US military or National Guard forces domestically in response to rebellions, civil unrest, or obstruction of federal law.
