By Daniel Dale, CNN
(CNN) — President Donald Trump has made a series of inaccurate claims in recent days about the Insurrection Act, the old law he has mused about invoking to deploy troops to some US cities.
The law – more precisely described as a collection of related laws from the 18th and 19th centuries – grants presidents sweeping authority to deploy both active-duty and National Guard troops to states, if certain vague conditions are met, and to have them perform the domestic law enforcement from which the military is normally prohibited.
- Trump said Sunday that if he invoked the Insurrection Act, “there’s no more court cases.” That’s not true. A decision to invoke the act would almost certainly be challenged in lawsuits that would be considered by the courts, though legal experts say the vague and deferential language of the legislation would likely make it difficult for challengers to prevail under most circumstances.
- Trump said Sunday that one particular president, whom he didn’t name, used the Insurrection Act “28 times during the course of a presidency.” That’s not true. No president has invoked the Act on more occasions than Ulysses S. Grant’s six, according to research published in 2022 by New York University’s Brennan Center for Justice. In fact, the act and the similar laws that preceded it have been invoked on a total of 30 occasions in US history, the Brennan Center found.
- Trump said Sunday that “like 50% of the presidents” have invoked the act. That’s at...
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