Monday, April 7, 2025

Is Trump preparing to invoke the Insurrection Act?

 

Signs are pointing that way.



(NOTE: At the bottom of the page is a sample letter to write to your congress person).

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A joint Department of Defense and Homeland Security report will soon recommend whether or not to invoke the Insurrection Act over illegal migration

By Brett Wagner, from the SF Chronicle

March 5, 2025


The clock is ticking down on a crucial but little-noticed part of President Donald Trump’s first round of executive orders — the one tasking the secretaries of the Department of Defense and Department of Homeland Security to submit a joint report, within 90 days, recommending “whether to invoke the Insurrection Act.” 

Many of us are now holding our collective breath, knowing that the report and what it contains could put us on the slippery slope toward unchecked presidential power under a man with an affinity for ironfisted dictators.

https://www.sfchronicle.com/opinion/openforum/article/insurrection-act-president-trump-20201819.php

(This article is from the SF Chronicle, Mar. 5, 2025)


Article from NPR:

Legal experts worry about presidential abuse of the Insurrection Act. Here's why

March 28, 20246:57 AM ET

By Carrie Johnson


A bipartisan group of legal experts is sounding an alarm about presidential power this election season.

They're pushing Congress to update a cluster of laws known as the Insurrection Act and limit how the White House can deploy troops on American soil, in case a future president takes advantage of that sweeping power.

"It's really up to the president to decide when to use the armed forces as a domestic police force," said Elizabeth Goitein, senior director of the Liberty & National Security Program at the Brennan Center for Justice. "And that is tremendous cause for concern, because an army turned inward can very quickly become an instrument of tyranny."

https://www.npr.org/2024/03/28/1241141939/insurrection-act 


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MORE: What Is Martial Law?


THE INSURRECTION ACT

There is no confirmed plan or legal basis for Donald Trump—or any U.S. president—to declare martial law without significant constitutional and legal scrutiny. However, I can walk you through the legal framework, limits of presidential power, and potential outcomes if martial law were ever declared, based on historical precedent and journalistic analysis.

So, let's hope our esteemed congress will not put up with this. 

πŸ” What Is Martial Law?

Martial law is the temporary imposition of military control over civilian functions, usually in response to:

  • Widespread civil unrest

  • Natural disasters

  • Invasion or insurrection

It suspends normal legal processes, including civilian courts and some constitutional rights. However, martial law in the U.S. is extremely rare and not clearly defined in federal law.
πŸ‡ΊπŸ‡Έ Can a President Declare Martial Law Alone?


The U.S. Constitution does not grant the president unilateral authority to declare martial law nationwide.

The Insurrection Act of 1807 allows a president to deploy troops domestically in extreme cases, such as to suppress rebellion or enforce federal law—but this still requires justification and is subject to judicial review.

Congress is not required to "ratify" martial law under the Insurrection Act, but legal and political checks still apply.

Any broader use of military power against U.S. citizens without due process would likely be challenged as unconstitutional.
πŸ—ž️ What Are Journalists and Legal Experts Saying?

Journalists and experts who have warned of Trump’s authoritarian tendencies (especially during or after his presidency) suggest the following:

Worst-case scenario fears: Some fear Trump could abuse emergency powers to suppress opposition, delay elections, or control information—none of which are currently supported by law.

Use of the military: During his 2020 presidency, Trump invoked the Insurrection Act in rhetoric, hinting he might use military force during protests. He ultimately did not.

Project 2025, a conservative policy roadmap, outlines significant restructuring of federal agencies to centralize executive power—but it does not explicitly mention martial law.

In short, there is no evidence of a legal path for Trump to lawfully impose martial law on a broad scale without resistance from Congress, the courts, and the public. But if he did, it would most likely be on April 20th, 2025, using the "crisis" at the border as an excuse, or perhaps recent rallies.

πŸ”’ What Would Martial Law Allow (If Enacted)?

If martial law were declared and upheld (even locally or temporarily), it could enable:

  • Suspension of habeas corpus (unlawful detention)

  • Curfews and movement restrictions

  • Censorship of media and internet

  • Trials by military tribunal (instead of civilian courts)

However, most legal scholars argue that indefinite or sweeping martial law would violate constitutional protections and would likely be struck down by courts.


⚖️ What Recourse Would Citizens Have?



If martial law were declared:

  • Federal Courts – Courts could review and potentially block the order as unconstitutional.

  • Congressional Action – Congress could pass resolutions or defund operations enforcing martial law.

  • State Governments – Governors and legislatures could resist federal overreach within their jurisdictions.

  • Civil Society – Media, advocacy groups, and public protests would pressure institutions to uphold democratic norms.

  • Impeachment – If abuses of power occur, impeachment remains a constitutional remedy.


✅ Bottom Line



There is no confirmed or legal plan for Trump—or any president—to declare martial law on April 20th.

The president cannot declare sweeping martial law unilaterally without facing legal and political checks.

Journalistic concern exists based on past rhetoric and policy plans, but no credible legal path supports fears of dictatorship via martial law.

Citizens are not powerless—the Constitution, courts, state governments, and public resistance all serve as strong barriers.


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Other sources:


Will Trump declare Martial law? The rumor, explored

Story by Michael Dawson(About Mar 23, 2025)


So, what’s all this about? Apparently, when you add Trump’s 90-day deadline to decide on invoking the 1807 Insurrection Act to January 20th, 2025, the date he was inaugurated, you get April 20, 2025. This is creepy because that’s actually Hitler’s birthday. But before we dive deeper into that, let’s talk about what that 1807 Act is.

https://www.msn.com/en-us/news/politics/will-trump-declare-martial-law-the-rumor-explored/ar-AA1B5Rt4


Insurrection Act Explained: Trump Admin Deciding Whether to Invoke 1807 Law

Newsweek / Published Mar 08, 2025 at 11:17 AM EST

Updated Mar 14, 2025 at 5:23 PM EDT


https://www.newsweek.com/insurrection-act-explained-trump-admin-deciding-whether-invoke-1807-law-2041626


OTHER SOURCES:

So, what’s all this about? Apparently, when you add Trump’s 90-day deadline to decide on invoking the 1807 Insurrection Act to January 20th, 2025, the date he was inaugurated, you get April 20, 2025. This is creepy because that’s actually Hitler’s birthday. But before we dive deeper into that, let’s talk about what that 1807 Act is.

https://www.msn.com/en-us/news/politics/will-trump-declare-martial-law-the-rumor-explored/ar-AA1B5Rt4 

 


Sample letter to representative is at the bottom.



What to do if the Insurrection Act is invoked

With the Insurrection Act looming, now is the time to learn how it might unfold and the strategic ways to respond — including the power of ridicule.

Daniel Hunter April 4, 2025

What is the Insurrection Act?

https://wagingnonviolence.org/2025/04/what-to-do-if-the-insurrection-act-is-invoked/  



__________________________________________________


From 50501:


Do NOT be intimidated by April 20 rumors.

Some of you may have known about what might happen in April 20, such as from this. HOWEVER, newsweek said there are no credible indication or reporting about that happening. Plus a member of threads posted why she thinks it's unlikely. Regardless of what happens...

DO NOT BE SCARED BY THOSE RUMORS. DO NOT SURRENDER. THESE RUMORS MAY BE JUST SOME FEARMONGERING THINGS AND TRYING TO FIND AN EXCUSE TO DOOMPOST TO THE WORLD AND MAKE EVERYONE PERSIMMISTIC. THEY MAY COME TRUE, BUT DO NOT LET THIS RUIN YOU AND GET YOU DOOMED. THE ALLIES MAY NOT BE ALLIES TO THE GOVERNMENT BUT THEY SHOULD REMAIN ALLIES TO THE PEOPLE. THEY NEED TO KNOW THAT THEY MUST STILL HAVE OUR BACKS.

We must continue fighting peacefully and effectively. The reason countries like Nazi Germany, Putin Russia and Madura Venezuela became dictatorships more easily was because the oppositions were far weaker. We the People greatly outnumber the US military by millions, and the military has had too much trouble fighting off some enemies before, not to mention, many thought Russia would easily wipe off Ukraine, but then they proved a formidable foe.

Surrender should NEVER be an option, no matter what the Trump administration does, even if it means... Well, you see, sometimes, if all else fail, the only way to stop something unthinkable... is to do something unthinkable.

Still, as for now, peaceful protests and general strikes are TOP PRIORTIES, so no matter what you've seen, no matter the news right now, no matter what at all...

STAY ALERT AND BE VIGILANT!

COMPLETELY PREVENT AND AVOID USING ANY SIGN OF VIOLENCE AS YOU PROTEST IN FUTURE PEACEFUL PROTESTS. UNTIL WE WIN, WE SHALL NOT BE QUELLED NO MATTER HOW MUCH WE LOSE.

This post may not make perfect sense, but my point is to do whatever's necessary to liberate liberty.

https://www.reddit.com/r/50501/comments/1jvfra0/do_not_be_intimidated_by_april_20_rumors/ 


_________________________________________________________


WRITE A LETTER TO YOUR REPRESENTATIVE:


[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]

The Honorable [Representative/Senator’s Full Name]
[Office Address]
United States Congress
Washington, D.C. 20515 / 20510

Subject: Urging You to Oppose the Misuse of the Insurrection Act and Defend Civil Liberties

Dear [Representative/Senator Last Name],

I am writing to you as a deeply concerned constituent and citizen of the United States. I am alarmed by recent indications that former President Donald Trump may seek to use the Insurrection Act to impose martial law under the guise of national emergency powers. This represents a direct threat to civil liberties, democratic norms, and the rule of law in our country.

President Trump has shown a clear pattern of disregarding the judiciary, ignoring court rulings, and circumventing due process, including reports of individuals being deported or detained without proper legal protections—such as those sent to El Salvador. If granted military powers under the Insurrection Act, I fear these violations would escalate and become normalized under the pretext of national security.

What is even more concerning is that Congress has remained largely silent in the face of his increasingly extreme rhetoric and policy proposals. That silence must end.

I am asking you directly:
Will you commit to standing against the use of the Insurrection Act as a tool for authoritarian control?
Will you support impeachment proceedings if President Trump—or any president—abuses emergency powers to undermine civil liberties and democratic institutions?

This is not a partisan issue. This is a moment that will define our nation's future. Martial law is a weapon of war, not a tool of domestic governance. Allowing one individual to wield such power without oversight is a betrayal of the Constitution and a danger to every American’s rights and freedoms.

I urge you to take a public stand now—before any such powers are abused. Introduce or support legislation that limits the scope of the Insurrection Act. Demand hearings. Speak out. Show the people you represent that you are willing to defend democracy—not just when it’s easy, but when it matters most.

If you’ve stood up to President Trump in the past, I thank you. If you haven’t, please do it now. History is watching, and so are your constituents.

Sincerely,
[Your Full Name]
[Your City, State]


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