Cecily Zamora
In December 2020, then-President Donald Trump raised the idea of imposing martial law to overturn the 2020 election result, according to reports. Martial law refers to a power that, in an emergency, allows the military to push aside civilian authorities and exercise jurisdiction over the population of a particular area. While Trump has the power to suspend normal legal constraints on his authority in response to a national emergency, there is no specific clause in the US Constitution that allows the president to declare martial law.
| Characteristics | Values |
|---|---|
| Can Trump declare martial law? | Trump does not have the authority to declare martial law. |
| Can martial law be used to overturn election results? | Martial law can be used to overturn election results, but it would be illegal. |
| Has Trump tried to declare martial law? | There were rumors in 2020 that Trump was planning to declare martial law on April 20, 2025. In 2020, Trump also discussed the idea of declaring martial law to "rerun" the election he lost. |
| What is martial law? | Martial law is a power that, in an emergency, allows the military to take control and exercise jurisdiction over the population of a particular area. |
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What You'll Learn
Martial law and the US Constitution
Martial law is a power that, in an emergency, allows the military to take control from civilian authorities and exercise jurisdiction over the population of a particular area. Laws are enforced by soldiers, policy decisions are made by military officers, and people accused of crimes are brought before military tribunals.
In the United States, the president does not have the authority to declare martial law. While the president has broad powers to suspend normal legal constraints in response to a "national emergency", there is no specific clause in the US Constitution that allows the president to declare martial law. State officials do have the power to declare martial law, but their actions must abide by the US Constitution and are subject to review in federal court. Congress might be able to authorize a presidential declaration of martial law, but this has not been conclusively decided.
In 2020, it was reported that then-President Donald Trump raised the idea of imposing martial law to overturn the results of the 2020 presidential election. Trump reportedly discussed the idea during an Oval Office meeting, but he later denied this on Twitter, calling it "fake news". Despite this, concerns have persisted that Trump may attempt to declare martial law and rig future elections. In 2025, online users shared a rumor claiming that Trump would invoke the Insurrection Act of 1807 and then declare martial law. However, this did not occur.
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Trump's authoritarian tendencies
Trump's affinity for authoritarianism and dictators has been well-documented. He has signed several executive orders deemed unconstitutional by Democratic representatives and has attempted to get fake electors to vote for him, replacing the actual electors voting for Biden according to the documented will of the citizens of their states. Trump's supporters, including his former chief strategist Steve Bannon, have suggested that he should be able to run again, despite the constitutional limit of two terms for presidents.
Trump's discussion of declaring martial law and his authoritarian tendencies have been met with criticism and concern from various individuals, including his former national security advisor John Bolton, who described the suggestion as "appalling" and "unprecedented." The legal precedents for a president imposing martial law are vague, and under current law, "the president lacks any authority to declare martial law."
Trump's actions and statements have caused worry among Americans who fear the erosion of their democratic rights and the potential for him to act as a dictator, even without a formal declaration.
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The US military's role in elections
Despite this, in 2020, then-President Donald Trump raised the idea of imposing martial law to overturn the 2020 election results. In a White House meeting, Trump, joined by former National Security Advisor General Michael Flynn, discussed the possibility of imposing martial law to rerun the election. Trump's suggestion was met with criticism, with former National Security Advisor John Bolton describing the idea as "appalling" and "unprecedented."
Trump's contemplation of invoking martial law sparked concerns among the public, with some fearing that he might attempt to declare himself a dictator and rig future elections. These fears were heightened by Trump's association with authoritarianism and his affinity for dictators.
Speculation about Trump's intentions continued, with rumors circulating in April 2025 that he would declare martial law on April 20 of that year. These rumors were fueled by an executive order issued in January 2025, which directed the secretaries of defense and homeland security to provide a joint report by April 20, advising on whether to invoke the Insurrection Act of 1807. However, the order did not explicitly mention martial law, and the White House did not respond to requests for comment.
While the US military has no role in determining election outcomes, the discussion of invoking martial law by a sitting president underscores the importance of maintaining the integrity of the democratic process and the separation of military and civilian authority.
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The Insurrection Act of 1807
The Act allows the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in specific situations. This deployment is permitted in cases of insurrection or obstruction of laws, either at the federal, state, or territorial level, where it is lawful for the President to call forth the militia to suppress such insurrection or enforce laws. The Act temporarily suspends the Posse Comitatus Act, which generally prohibits the use of federal military forces in civilian law enforcement activities.
The Insurrection Act has been modified twice: in 1861, a section was added to allow the federal government to use the National Guard and armed forces against the will of state governments in cases of "rebellion against the authority of the United States." Then, in 1871, the Third Enforcement Act revised this section to protect Black Americans from attacks by the Ku Klux Klan, invoking the Equal Protection Clause of the Fourteenth Amendment.
In recent years, there has been increasing speculation about the potential invocation of the Insurrection Act by President Trump, particularly in relation to his 2025 executive order declaring a national emergency at the southern border. This order directed the Secretary of Defense and the Secretary of Homeland Security to submit a joint report within 90 days, including recommendations on whether to invoke the Insurrection Act. While the exact consequences of invoking the Act in this context are unclear, it could potentially lead to the federalization and deployment of the National Guard, increased military presence at the border, and even the use of military power to suppress protests and dissent.
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Trump's attempts to overturn the 2020 election
In the United States, martial law refers to a power that, in an emergency, allows the military to push aside civilian authorities and exercise jurisdiction over the population of a particular area. While the president lacks the authority to declare martial law, Congress might be able to authorize a presidential declaration of martial law.
After losing the 2020 United States presidential election to Joe Biden, then-incumbent president Donald Trump pursued an unprecedented and criminal effort to overturn the election results, with support from his campaign, proxies, political allies, and many of his supporters. Trump and his allies used the "big lie" propaganda technique to promote false claims and conspiracy theories asserting that the election was stolen by means of rigged voting machines, electoral fraud, and an international conspiracy. Trump pressed Department of Justice leaders to challenge the results and publicly state that the election was corrupt. However, the attorney general, director of National Intelligence, director of the Cybersecurity and Infrastructure Security Agency, and some Trump campaign staff dismissed these claims.
Trump enlisted a private attorney, Kurt Olsen, to seek a meeting with then-Acting Attorney General Jeffrey A. Rosen to propose a legal challenge to the election results. This challenge was similar to one initiated by Texas Attorney General Ken Paxton and supported by dozens of Republican members of Congress and state attorneys general, which attempted unsuccessfully to have the Supreme Court reject election results in four states. Rosen and his deputy, Richard Donoghue, resisted these efforts, exchanging emails mocking them as "pure insanity".
In late December 2020, legal scholars Claire O. Finkelstein and Richard Painter wrote that while it was unlikely that Trump would attempt to spark a military coup, Rosen should be prepared to direct federal law enforcement to arrest anyone, including the president, who conspired to carry out any illegal plan to invoke martial law and overturn the election.
Trump's efforts to overturn the election results culminated in the January 6, 2021, attack on the U.S. Capitol by his supporters in an attempted self-coup d'état. Trump is accused of seeking to illegally block the certification of President Joe Biden's victory and obstructing the collection and certification of votes. Prosecutors have called these actions "crimes" and a "criminal effort" to hold on to power.
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Frequently asked questions
Martial law refers to a power that, in an emergency, allows the military to push aside civilian authorities and exercise jurisdiction over the population of a particular area. While the president has broad powers to suspend normal legal constraints on his authority in response to a "national emergency", there are no clear Constitutional principles or Supreme Court rulings that govern the use of martial law. There is also no specific clause in the US Constitution that allows the president to declare martial law. According to Joseph Nunn, a fellow at the Brennan Center for Justice, "the president lacks any authority to declare martial law". State officials, however, do have the power to declare martial law.
There is no role for the U.S. military in determining the outcome of an American election. Trump has no authority to overturn an election result.
Yes, in a White House meeting, Trump raised the possibility of imposing martial law to overturn the 2020 election result.
No, but Trump allies, including his former chief strategist Steve Bannon, have suggested that Trump should be able to run again since his two terms in the White House were not consecutive.
It is unclear if Trump will declare martial law and overturn the 2026 election. However, Democratic strategist James Carville has warned Americans that Trump might try to do so.
