
Trump using military in provocative ways with protests, parade
Trump's approach to the military is coming into focus again during a week that began with the Commander-in-Chief deploying Marines and National Guard troops to Los Angeles over the objection of Gov. Gavin Newsom, and will end with the planned military parade celebrating the Army's birthday.
"I think Trump looks at the military as political props used to demonstrate his authority," said former Trump National Security Adviser John Bolton, now a frequent critic of the president.
Trump's recent military actions and parade plans are drawing comparisons to authoritarian regimes. Newsom said Trump is acting like a "dictator."
Administration officials have said the military is needed in L.A. to maintain order.
Questioned by members of Congress about the troop deployment during a June 10 hearing, Defense Secretary Pete Hegseth described the situation in L.A. as "lawless" and said, "President Trump believes in law and order."
"If we didn't get involved, right now Los Angeles would be burning," Trump said June 10 during an event in the Oval Office.
In the past, Trump's views on the military and concerns about how he might wield troops domestically have generated bipartisan pushback.
After Trump lost the 2020 election and refused to accept the results, all 10 living secretaries of Defense - Republicans and Democrats - signed a letter urging military leaders not to get involved in the election aftermath, signaling apprehension that Trump would use the military in ways they described as "dangerous, unlawful and unconstitutional."
Former Trump National Security Adviser Michael Flynn suggested in a television interview after the 2020 election that the president could invoke martial law and seize voting machines to rerun the election, which former Trump Defense Secretary Mark Esper later described in his book as "scary." Trump asked Flynn about the martial law idea during a White House meeting in December 2020, according to media reports.
With that backdrop, Democrats and other Trump critics are raising concerns about the potential consequences of Trump's decision to send troops to Los Angeles, his planned parade and future military escalations he might consider.
During his first term, military leaders sometimes pushed back on his suggestions, people who "we may euphemistically call, 'the adults in the room,'" said William Banks, a constitutional law professor emeritus at Syracuse University and founding director of the Institute on National Security and Counter Terrorism.
"I think his senior people today are of a far different caliber," Banks said. "Put pejoratively, they're sycophants."
Mulling the Insurrection Act
Some Legal experts question whether Trump has the authority to circumvent Newsom and deploy the California National Guard under the law he's using. California has sued to stop Trump's deployment.
"It's sort of wading into uncharted legal territory, and it raises a lot of legal questions and concerns, frankly, the way that he is using this law," said Elizabeth Goitein, senior director of the Liberty and National Security Program at the Brennan Center for Justice.
Looming over the discussion is the Insurrection Act, which Trump sought to invoke during his first term. It gives the president wide leeway to use troops domestically.
Trump is using federal troops to protect federal property and law enforcement in L.A. The Insurrection Act would give him expanded authority to use troops for policing, experts say.
"The Insurrection Act is dangerously broad... something close to a blank check if he chooses to take the political hit for invoking it," said Duke Law Professor H. Jefferson Powell.
Congress adopted the Posse Comitatus Act in 1878, barring the military from engaging in domestic law enforcement unless authorized, such as through the Insurrection Act. It reflects "a centuries-old principle in Anglo-American law against military interference in civilian affairs," Goitein, of the Brennan Center, said.
"If the leader of a country can turn the military inward against the people, that has great implications for individual liberties," Goitein added. "It is a step on the path to tyranny, if not an indication of tyranny itself."
Trump mulled invoking the Act during a White House event on June 10.
"If there's an insurrection, I would certainly invoke it," Trump said. "We'll see. But I can tell you, last night was terrible. The night before that was terrible."
Trump said there were parts of Los Angeles on June 9 where "you could have called it an insurrection. It was terrible."
The Insurrection Act has been invoked 30 times, most recently in May 1992 by President George H.W. Bush at the request of California Gov. Pete Wilson to police rioting in Los Angeles after four White police officers were acquitted for beating Black motorist Rodney King.
Presidents from both parties have considered invoking the act against the wishes of state governors, such as during civil rights conflicts during the 1950s and 1960s.
More recently, some Democrats urged former President Joe Biden to deploy the National Guard to remove razor-wire barriers that Texas Gov. Greg Abbott installed along the border with Mexico, but he didn't. Banks said Trump appeared to be edging back from invoking the Act, which could have long-term consequences.
"It could be corrosive," Banks said.
Bolton, Trump's former aide, predicted any effort by Trump to use the Insurrection Act would end up in court, but said, "I also don't think we should get paranoid and just engage in speculation about what he might do." Trump has been careful to steer clear of the Insurrection Act so far, Bolton noted.
'Can't you just shoot them'
Esper, the former Defense secretary, resisted Trump's efforts to invoke the Insurrection Act during his first term. Esper's book describes an Oval Office meeting with Trump, former Joint Chiefs of Staff Chairman Mark Milley and other administration officials on June 1, 2020, as "probably one of the most significant meetings a secretary of defense ever had with a commander in chief."
During the meeting, which occurred amid protests in Washington, D.C., and around the country following the death of George Floyd - an unarmed Black man killed by Minneapolis police - Trump repeatedly brought up the Insurrection Act and pushed to use active-duty troops to quell protests, Esper wrote.
"Can't you just shoot them Just shoot them in the legs or something," Trump said, according to Esper.
"I didn't have to look at General Milley to know his reaction," Esper wrote. "I was sure it was the same as mine: Utter disgust at the suggestion, and a feeling we were only minutes away from a disastrous outcome."
Esper wrote that Trump eventually "backed down." His book details other concerns about Trump's approach to the military, including a proposal for a July 4 celebration in 2020 featuring a fleet of military vehicles that he worried would politicize the military.
Milley told Trump's chief of staff that such displays were "not what the United States does - it was what authoritarian states like North Korea do," according to Esper.
The same concerns have been raised about Trump's military parade planned for June 14, which will celebrate the Army's 250th anniversary with tanks and other vehicles rolling through the streets of the nation's capital. Trump's 79th birthday is the same day.
Sen. Adam Schiff, D-California, called it a "dictator-style military parade."
"There's nothing wrong with military parades when there's reason for them, but the fact it's Trump's birthday on Saturday is not a good reason for it," Bolton said.
Trump said on June 10 that the parade would be "fantastic" and warned people protesting would be met with "very heavy force."
"It's going to be an amazing day," he said. "We have tanks, we have planes, we have all sorts of things. And I think it's going to be great. We're going to celebrate our country for a change."

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