Bulwark Takes

Trump Threatens to Invoke the Insurrection Act

Jan 15, 2026
Retired U.S. Army Lt. Gen. Mark Hertling sheds light on President Trump's threat to invoke the Insurrection Act. He explains the act’s historical context and legal framework. Notably, he contrasts its potential use in Minneapolis with past instances of federal intervention. Hertling raises concerns about the risks of militarizing protests, warning it could escalate tensions and undermine public trust in the military and law enforcement. The discussion also touches on the implications for military cohesion and civil liberties.
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ADVICE

Define Mission And Exit Strategy First

  • When invoking the Insurrection Act, define a clear mission and an exit strategy before deploying forces.
  • Specify roles, objectives, and when troops will stand down to limit scope and prevent misuse.
INSIGHT

Minneapolis Lacks Local Invitation

  • Minneapolis differs from past invocations because local authorities haven't requested federal military aid.
  • Instead, federal forces are already present and may be creating disorder, reversing the usual justification for military deployment.
INSIGHT

Troops Face Legal And Moral Dilemma

  • Soldiers face moral and legal uncertainty when ordered to police fellow citizens during protests.
  • Commanders must set clear rules of engagement and coordinate with local authorities to avoid unlawful orders.
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