Trump's invocation of Insurrection Act to control George Floyd protests will be challenged in courts
President Donald Trump suggested on Monday, June 1, that he would move to use federal troops to bring a halt to ongoing nationwide protests in the wake of George Floyd's death. Floyd, a 46-year-old unarmed black man in Minneapolis was killed in police custody on Memorial Day after an officer kept his knee on Floyd's neck for over eight minutes as he pleaded to the police to let him breathe. His death sparked widespread protests against police brutality, resulting in looting and rioting in some places.
"If a city or state refuses to take the actions that are necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them," Trump said during his remarks at the White House on Monday.
Although protests across the country have largely been peaceful, clashes have been reported in some cities with police using force against protesters and journalists. Multiple cities, as a result, have enforced curfews. Trump, on Monday, also asked governors of states to be "dominant" in the streets, however, many refused to follow the approach.
If Trump wishes to deploy the federal armed forces, he would be required to formally invoke the Insurrection Act, a set of statutes that were last used during the 1992 LA riots.
What is the Insurrection Act
The governors of states, under the US constitution, typically have the authority to maintain order within their state borders. A law called the Posse Comitatus Act grants the governors the right and generally restricts the federal military from participating in domestic law enforcement. However, there is an exception to the Posse Comitatus Act - the Insurrection Act, which dates from the early 1800s. The act allows the US president to deploy U.S. military and federalized National Guard troops within the US in particular circumstances, such as to suppress civil disorder, insurrection and rebellion.
In order to invoke the Insurrection Act, the president does not need the approval of a governor. According to Robert Chesney, a professor of national security law at the University of Texas, the particular law states multiple scenarios where the president is required to seek a state governor's approval and other instances where an approval from the state legislature is not required.
Last used in 1992
The Insurrection Act has been invoked on multiple previous occasions across US history. Although the act's use ever since the civil rights movement of the 1960s has been "extremely rare," according to the Congressional Research Service. The act was last used in 1992 during the Rodney King riots. In a similar case to George Floyd, Rodney King, an unarmed black man, in Los Angeles was tased and beaten by police officers before being detained. The incident was filmed by a neighbor, and after all four LA officers were acquitted in the case, deadly riots ensued. Before 1992, the act was used in 1989 during the looting in St Croix, Virgin Islands, after Hurricane Hugo.
The Bush administration, in 2006, had suggested invoking the act in an attempt to intervene in Louisiana's response to Hurricane Katrina. The governor, however, refused to allow federal force, and the move was ultimately deemed unconstitutional. A year later, in 2007, an amendment was made to the act to explicitly allow use of the military in case of an emergency hindering law enforcement. However, the amendment was repealed in 2009 after the governors of all 50 states issued a joint statement against it.
Opposition to the Act
Shortly after Trump's threat to invoke the law, the New York State's top prosecutor, Letitia James, threatened to sue the president if he deployed US military to quell domestic protests. Attorney General Letitia James, in a statement, on Monday, said: "The President of the United States is not a dictator, and President Trump does not and will not dominate New York state. In fact, the president does not have the right to unilaterally deploy US military across American states."
"We respect and will guard the right to peaceful protest, and my office will review any federal action with an eye toward protecting our state's rights," she added. "Rest assured: We will not hesitate to go to court to protect our constitutional rights during this time and well into the future."
The nationwide protests came as four Minneapolis police officers involved in Floyd's brutal death were fired on May 26 after a video of the incident went viral on social media. The footage showed Floyd pleading with officers as one of them, Derek Chauvin, knelt on his neck while the 46-year-old told them to let him stand because he could not breathe. The clip showed Floyd pleading with the officer to allow him to breathe and a few minutes later he became unconscious. Floyd's death has sparked massive protests and unrest in Minneapolis and across the country. Chauvin, 44, was arrested last week on charges of third-degree murder and manslaughter.