Ok, buckle up folks because I’ve got a LOT to unpack here….
A lot of rumors are flying about what President Trump will or won’t do soon, and most of it centers around rumors that he will soon invoke these 18th century Presidential Powers like the “Wartime Alien Enemies Act of 1978” or the “Insurrection Act of 1807”.
We covered the first one earlier today:
President Trump Will Invoke Wartime Alien Enemies Act Of 1798
Now I want to dig into the other one, because they are, in fact, two totally different things, but rumors are flying about both and I'm seeing a lot of people conflating the two.
Here's a quick summary:
Alien Enemies Act of 1798
Rumors have swirled since the "Summer of Love" in 2020 that President Trump would invoke the Insurrection Act:
What Is the Insurrection Act? Trump Threatened to Use it to Deploy the Military... Along with the Patriot act any misdemeanor such as protesting past curfew can land people in legal semantics ‘Terrorist List’. Vote if you want to make a change. https://t.co/SneC0AgFcs
— Michelle Rodriguez (@MRodOfficial) June 3, 2020
And quite frankly? I think he should have during all the BLM and ANTIFA chaos.
That's exactly what it was made for.
But President Trump exercised extreme restraint and did not use it.
That's our first clue as to whether or not President Trump might use it now in 2025....if he didn't use it when BLM and ANTIFA were burning down major US Cities, is it likely he will use it now? It could surely happen, but let's just say I'm not fully convinced.
But Liberals are melting down:
Here’s a crazed liberal claiming Trump will invoke the Insurrection Act of 1807 to deploy military force against American citizens.
This will apparently happen on April 20th. pic.twitter.com/RnF8xX8QmU
— Natalie Jean Beisner (@NJBeisner) March 11, 2025
So why is this coming up now?
Because of an Executive Order signed by President Trump on his first day in office back on January 20th titled: "DECLARING A NATIONAL EMERGENCY AT THE SOUTHERN BORDER OF THE UNITED STATES".
In that Executive Order was this paragraph:
(b) Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807.
So to be fair, the Democrats aren't freaking out for no reason....it turns out they actually read the Executive Order -- or at least one person did and then it started going viral.
And that 90 day period is up on April 20th, but that's just the deadline -- it could happen earlier. In fact, the report could already be on President Trump's desk, we don't know for sure.
Fox News had more analysis:
On his first day back in office, the president signed a litany of executive orders, including one declaring a state of emergency at the southern border.
ADVERTISEMENTAccording to the order, the Secretary of Defense and the Secretary of Homeland Security have 90 days to submit a report about the conditions at the border and any recommended actions that need to be taken to secure, "including whether to invoke the Insurrection Act of 1807."
Here’s what the act is, and what it could mean if invoked:
What is the Insurrection Act of 1807? Dig deeper: The Insurrection Act allows presidents to call on reserve or active-duty military units to respond to unrest in the states, an authority that is not reviewable by the courts. One of its few guardrails requires the president to request that the participants disperse.
Congress passed the act in 1792, just four years after the Constitution was ratified. Joseph Nunn, a national security expert with the Brennan Center for Justice, told The Associated Press it’s an amalgamation of different statutes enacted between then and the 1870s, a time when there was little in the way of local law enforcement.
"It is a law that in many ways was created for a country that doesn’t exist anymore," he added.
It also is one of the most substantial exceptions to the Posse Comitatus Act, which generally prohibits using the military for law enforcement purposes.
VP Vance Delivers Remarks at U.S.-Mexico Border Vice President JD Vance toured the U.S.-Mexico border Wednesday, meeting with law enforcement to highlight immigration policies that the White House says have led to fewer arrests since Trump’s second term. Accompanied by Defense Secretary Pete Hegseth and DNI Director Tulsi Gabbard, Vance is among the highest-ranking Republicans to visit the border. After a helicopter tour of Eagle Pass, they visited a Border Patrol facility and joined a roundtable discussion.
Past use of the Insurrection Act The backstory: Presidents have issued a total of 40 proclamations invoking the law, some of those done multiple times for the same crisis, Nunn said. Lyndon Johnson invoked it three times — in Baltimore, Chicago and Washington — in response to the unrest in cities after the assassination of Dr. Martin Luther King Jr. in 1968.
During the Civil Rights era, Presidents Johnson, John F. Kennedy and Dwight Eisenhower used the law to protect activists and students desegregating schools. Eisenhower sent the 101st Airborne to Little Rock, Arkansas, to protect Black students integrating Central High School after that state’s governor activated the National Guard to keep the students out.
George H.W. Bush was the last president to use the Insurrection Act, a response to riots in Los Angeles in 1992 after the acquittal of the white police officers who beat Black motorist Rodney King in an incident that was videotaped.
Could Trump invoke the Insurrection Act? Almost anything and everything is on the table during a Trump presidency.
Big picture view: He’s already fired top Pentagon officials and military lawyers, leading some critics to say the firings are an ominous sign, given that Trump has long made clear his desire to involve the military in his domestic policy goals, including his crackdown on immigration.
ADVERTISEMENTIn Congress, which has the power to restrict the use of military force through funding and other authorizations, Republicans are largely on board with Trump’s plans.
The other side: Democrats in Congress tried to update presidential powers like the Insurrection Act before Trump’s second term but found little success.
That left them instead issuing dire warnings that Trump now has fewer guardrails on how he could use the military. He has shown an ability to bend institutions to his goals, from a Supreme Court willing to reconsider long-standing interpretations of presidential powers to a military scrubbed of officers and leaders likely to push back on his plans.
Newsweek had more on what we're hearing from key figures:
What People Are Saying
Homeland Security Secretary Kristi Noem, in a recent statement: "The drop in illegal border crossings has been fantastic: 95% since President Trump took office. We'll keep our military at the border until it is entirely closed."
Homeland Security Secretary Kristi Noem, on X, formerly Twitter, on Monday: "In February, there were just 8,326 apprehensions at the U.S. Mexico border. That is lowest number in recorded history. President @realDonaldTrump has delivered a powerful message and the world is taking notice: America's borders are CLOSED to lawbreakers."
President Donald Trump, in a March 4 address to Congress: "The territory to the immediate south of our border is now dominated entirely by criminal cartels that murder, rape, torture and exercise total control. They have total control over a whole nation. posing a grave threat to our national security."
Ruth Ben-Ghiat, a historian and political commentator, on X on Friday: "Americans, Trump is apparently now considering the invocation of the Insurrection Act. He has asked Hegseth & Noem to weigh in on the issue. Autocrats use such measures to speed power consolidation, repress protests and demonstrate force to the world."
White House spokesperson Kush Desai told Politico in February: "After four years of a lackadaisical approach to border security and immigration, every lever of executive power is now being marshaled to enforce our laws, mass deport criminal illegal immigrants, safeguard our borders, and put American citizens first."
Brett Wagner, a retired professor of national security decision making for the U.S. Naval War College, in an opinion piece in the San Francisco Chronicle on Wednesday: "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."
Here's a deeper analysis on how likely this is to happen:
What It Would Take for Trump to Invoke the Insurrection Act
The Insurrection Act (codified in 10 U.S.C. §§ 251–255) grants the president broad authority to deploy federal troops under certain circumstances. Below is an organized overview of the conditions, practical scenarios, administrative steps, political justification, and the likelihood analysis regarding its potential invocation by Trump.
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Legal Triggering Conditions
For the Act to be invoked, the president must determine that an “insurrection, domestic violence, unlawful combination, or conspiracy” exists. This determination typically falls into one of two categories:
State-Requested Intervention (§ 251):
When a state is unable to enforce its own laws and formally requests federal assistance from its legislature or governor.Federal Law Enforcement Impediment (§ 252–253):
When domestic disturbances hinder the execution of federal laws or infringe on constitutional rights to the extent that ordinary judicial processes become impracticable.Additional Note:
No formal congressional approval is required; however, the president must issue a proclamation ordering insurgents to disperse before deploying troops (§ 254).
Practical Scenarios
Several potential scenarios might provide a pretext for invoking the Act:
Border Security Crisis:
- Trump’s administration has underscored a southern border emergency.
- An executive order mandates a report from the Secretaries of Defense and Homeland Security within 90 days (due around April 20, 2025).
- Should the report cite overwhelming illegal migration or violence (e.g., cartel-related unrest) as an "unlawful obstruction" to federal immigration law, it could justify invoking the Act.
Widespread Protests or Riots:
- Significant civil unrest, such as mass protests against Trump’s policies (immigration crackdowns, tariffs, or D.E.I. rollbacks), could be portrayed as an insurrection if it disrupts federal operations or state governance.
State Resistance:
- If a state—such as sanctuary cities resisting federal immigration enforcement—refuses to comply with federal directives, it might be argued that this obstruction necessitates military intervention.
Administrative Steps
The decision-making process would likely involve several key actions:
Consultation:
- Trump would consult with key advisors (e.g., Defense Secretary Pete Hegseth, National Security Adviser Mike Waltz) and review the outcomes of the border report.
Proclamation and Deployment:
- A public proclamation ordering insurgents to disperse would be issued.
- This would be followed by the deployment of active-duty military or federalized National Guard units.
Political Justification
To justify such a drastic measure, Trump would need to frame it as a necessary response to a crisis:
- Rhetorical Framing:
- Emphasizing "law and order" and national security, as seen in his March 4, 2025, congressional address.
- Selling to the Base and Public:
- The move would be presented as decisive leadership during a time of crisis, aligning with his history of strong executive actions.
Historical Precedents
- 1992 Los Angeles Riots:
- The Act was invoked during the riots under President George H.W. Bush.
- Enforcement of Desegregation (1957):
- President Eisenhower also relied on the Act to enforce desegregation.
While the threshold is not exceedingly high, historical uses of the Act have been tied to acute, visible disorder.
Likelihood Analysis
Supporting Factors
Border Focus:
- Early executive orders and the upcoming border report might provide a tailored justification if they highlight significant disorder linked to migration.
Historical Precedent and Advisory Support:
- Trump’s consideration of the Act during the 2020 George Floyd protests, coupled with recent Pentagon purges and consultations with hawkish advisors, indicates a readiness to flex executive power.
Political Climate:
- With a Republican-controlled Congress and strong base support, there is less immediate legislative pushback against a decisive, albeit controversial, action.
Countervailing Factors
Lack of an Acute Crisis:
- As of March 12, 2025, there are no widespread insurrections or riots on the scale of previous events (e.g., the 1992 LA riots).
Judicial Oversight:
- The potential for federal courts to intervene if the use of the Act appears disproportionate or politically motivated.
Congressional and Public Reaction:
- While some Republicans may support such a move, moderates and Democrats could mobilize against perceived overreach, particularly if public opinion (as per recent polls) favors addressing economic issues over security theater.
Military Reluctance:
- There may be internal military resistance to deploying troops domestically, especially given sensitivities following January 6, 2021.
Probability Assessment
Short-Term (Next 3 Months):
- Moderate Likelihood (40–50% chance):
The outcome of the border report is pivotal. Should it provide a clear justification tied to specific incidents, action might be taken by May 2025. In the absence of a clear crisis, however, Trump is likely to refrain.Longer-Term (Within the First Year):
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- Higher Likelihood (60–70% chance):
If his policies continue to provoke protests or state defiance, Trump may find sufficient pretext to invoke the Act as part of a broader strategy to expand executive power.
Critical Perspective and Conclusion
The narrative in mainstream media (e.g., NYT, WaPo) suggests that Trump’s flirtation with the Insurrection Act borders on authoritarian overreach. While his supporters may view it as decisive leadership, the truth seems to be opportunistic rather than premeditated. The upcoming border report is critical; a mild report may keep this hypothetical, whereas an alarmist one could significantly increase the odds.
In summary:
For Trump to invoke the Insurrection Act, a plausible crisis—whether at the border or in the form of civil unrest—must emerge, providing both legal and political justification. Presently, the necessary groundwork (executive orders, loyal advisors, and a supportive base) is in place, but no definitive crisis has materialized. The likelihood is moderate in the near term, with potential to rise if conditions change.
I actually first warned you about this nearly a year ago...
We were one of the first outlets to even cover this idea.
See here from early 2024:
Biden Panicked That Trump Will Invoke The Insurrection Act” — Here’s What That Actually Means
Biden Panicked That Trump Will Invoke The Insurrection Act" -- Here's What That Actually Means
We've heard a lot about "Insurrection" over the last 3 years...
Way more than I ever care to hear for the rest of my life.
A made up and fake "scandal" designed to divert your attention from the truth.
Basically, this meme:
But while we've heard copious amounts of talk about "acts of insurrection" we haven't heard much about the "Insurrection Act".
Two very different things.
I'm going to explain the "Insurrection Act" to you in just a moment, but first let me show you this very angry, panicked video from a recent Biden speech.
If you ask me, they know what's coming and they are terrified:
Biden says that “Trump plans to invoke the Insurrection Act which will allow him to deploy US military forces on the streets of America.”
This panic-ridden speech is absolutely hilarious. It’s so cartoonish that they are either scared to death of what’s to come or they are… pic.twitter.com/0JrxtkjIo7
— Noah Christopher (@DailyNoahNews) January 5, 2024
Biden says that “Trump plans to invoke the Insurrection Act which will allow him to deploy US military forces on the streets of America.”
This panic-ridden speech is absolutely hilarious. It’s so cartoonish that they are either scared to death of what’s to come or they are purposely sabotaging themselves.
Cartoonish is absolutely right.
Just look at how his face contorts with anger and evil, that's some wild stuff!
But back to the topic at hand, why is Joe Biden so panicked about President Trump using the Insurrection Act?
Let me explain....
Trump May Deploy "Ironic" 1795 Law To Clean Up America
Occam's Razor says that the simplest answer is usually correct.
Elon Musk often jokes that the most "ironic" outcome is usually the most likely to occur.
And he might just be right on this one.
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