The Trump administration is exploring the mechanics of invoking the Insurrection Act, including how and when the 19th-century law might be used, NBC News reported Wednesday.
Serious discussions about the act have increased in recent days, though no decision on the matter is imminent, according to the report.
The Insurrection Act, passed in 1807, grants the president authority to deploy federal troops in the U.S. to quell rebellion, insurrection, or civil unrest when state or local authorities fail to maintain order or enforce federal law.
At issue is the safety of Immigration and Customs Enforcement officers and federal property in Democrat-run cities — Los Angeles, Chicago, and Portland, Oregon — most acutely.
President Donald Trump told Newsmax on Monday that what's happening in Portland is "pure insurrection."
"If you take a look at what's been going on in Portland, it's been going on for a long time, and that's insurrection. That's pure insurrection," Trump said.
Trump has previously deployed National Guard troops to Los Angeles and Washington, but those deployments were limited, support-only roles.
An attempt to deploy up to 200 troops to Portland was blocked by a federal judge.
Invoking the Insurrection Act would mean troops could conduct civilian law enforcement actions, such as searches and making arrests.
Administration officials have prepared legal justifications and multiple scenarios for invoking the act. But Trump's advisers broadly agree the measure should be used only after all other options have been exhausted, according to the report.
"The Trump administration is committed to restoring law and order in American cities that are plagued by violence due to Democrat mismanagement. And President Trump will not stand by while violent rioters attack federal law enforcement officers. The administration will work to protect federal assets and officers while making American cities safe again," White House spokesperson Abigail Jackson told NBC News in a statement.
In the 1950s and '60s, Presidents Dwight D. Eisenhower, John F. Kennedy, and Lyndon B. Johnson invoked the act to safeguard activists and enforce desegregation orders. It was most recently used in 1992, when California Gov. Pete Wilson requested federal troops to quell the Los Angeles riots.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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