President Trump is once again threatening to invoke the Insurrection Act, this time in Minneapolis. That would be a flagrant and particularly dangerous abuse of the Act—one that would threaten the rule of law and public safety alike. 1/13

The military is generally barred from engaging in law enforcement, as an army turned inward can quickly become an instrument of tyranny. The Insurrection Act is an exception. It allows the president to deploy troops to quell civil unrest or enforce the law in a crisis. 2/13

Although the language of the law is broad, the Department of Justice has long taken the position that the law is limited by the Constitution and tradition. DOJ lawyers have assessed that it is a “last resort,” to be used in only three circumstances… 3/13

…(1) when a state requests assistance to put down an insurrection against the state government; (2) when necessary to enforce a federal court order; or (3) when state and local law enforcement have “completely broken down.” 4/13 irp.fas.org/agency/doj/o...

By contrast, the chaos in Minneapolis is of the federal government’s own making. The violence and lawlessness is overwhelmingly coming from ICE. Agents have been filmed smashing windows, ramming vehicles, and forcibly entering homes without warrants. 6/13

Nonviolent protests and monitoring by neighbors are regularly met with tear gas, arrests, and physical force—in the case of Renee Good, deadly force. Residents of Minneapolis report that they are terrorized and that it feels like their city is under siege. 7/13

Some have resorted to throwing objects or vandalizing vehicles. The administration claims that three individuals assaulted an ICE agent. Such actions are illegal; police should shut them down. But they fall far short of the threshold that would justify military deployment. 8/13

Minneapolis is not L.A. in 1992, where riots killed 63 people and caused $1 billion in damage. Nor is it Detroit in 1967, where the death toll was 43 and 400 buildings were destroyed. The unrest in Minneapolis could easily be handled by police under normal circumstances. 9/13

Instead, it’s being handled—violently—by ICE. The administration seems intent on escalation rather than deescalation, “reminding” ICE agents (falsely) that they have absolute immunity for the actions they take against Minnesotans who get in their way. 10/13 newrepublic.com/post/205283/...

Trump’s threat to invoke the Insurrection Act is part of this escalatory behavior. Sending troops to Minneapolis under current circumstances would, of course, inflame tensions and lead to more protests, which would presumably trigger further ICE aggression. 11/13

And while soldiers are more disciplined than ICE agents, they are not trained in civilian law enforcement. They are trained to fight and destroy an enemy. In a tense confrontation, they could fall back on their combat training, endangering soldiers and civilians alike. 12/13