Donald Trump’s openness to using the military domestically has officials and legal experts scrambling to figure out how far he can push the law.
Trump has said he’s willing to use the National Guard as law enforcement against dissidents — what he called the “enemy from within” — and to bring about mass deportations. Pentagon officials are reportedly discussing what they’ll do if Trump makes an unlawful order and whether Trump’s impulses will drain the Department of Defense of experienced officials. One defense official told CNN they were “planning for the worst-case scenario.”
Legal experts told NOTUS that there are several untested pathways to use active duty military domestically — including ones that would not require Congress’ approval.