On the recordOctober 21, 2025
Yes. In regard to your question, I am extremely worried about the Trump administration's effort to pave the path with the courts and with the discipline of the military and have them in the practice of being deployed to, if you will, in theory, quell unrest. But the law on title 10 is very clear. You need to have a rebellion, or you need to have an invasion, and it is very clear you don't have either of those. Even then, two judges on the three-judge panel on this court said: Well, let's kind of give a little more flexible definition of ``rebellion,'' and by the way, maybe you can give more deference to the President's evaluation. After all, they run the building. Once you say the President can simply declare there is a rebellion, then the standard set in law means nothing. You are just throwing open the doors to an authoritarian President who is deploying troops against the American people. We have already seen, with the provocative actions of assaults on peaceful protesters, how dangerous that is. And, then, of course, the Insurrection Act, as an exception to Posse Comitatus, is extremely scary because it explicitly has in the law a certain interpretation by the President, or deference to interpretation by the President. The core assumption was that a person in that position would always be a person who had high regard for the Constitution and for the boundaries and for the liberties and for the freedom and would defend it with their whole heart, mind, and soul.…
Source
govinfo.gov




