Lawfare Daily: The Dangers of Deploying the Military on U.S. Soil
Nov 6, 2024
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In this enlightening discussion, Alex Tausanovitch, a Policy Advocate, Laura Dickinson, a national security law professor, and other experts delve into the implications of deploying military forces domestically. They dissect the legal frameworks, highlighting the Posse Comitatus Act and the Insurrection Act, emphasizing the delicate balance between national security and civil liberties. The risks of these deployments, especially post-January 6th, raise concerns about misuse and public trust. Reforming military deployment laws emerged as a crucial theme to safeguard democracy and prevent overreach.
The podcast emphasizes the need for reform in legal frameworks governing military deployment on U.S. soil to protect civil liberties.
Discussions highlight concerns about the increasing presence of the military domestically, which risks altering perceptions of civilian-military relations.
Participants stress the importance of public understanding regarding military roles during crises to ensure accountability and maintain trust.
Deep dives
Importance of Military Deployment Discussions
The conversation highlights the growing concern regarding the domestic deployment of the military, especially in light of recent historical events. Deployments in response to national disasters or civil unrest, such as the National Guard's presence during the pandemic and the George Floyd protests, raise critical questions. This has led to a recognition that while the military has traditionally been viewed as an external force, its increasing presence on American soil requires careful consideration and a re-evaluation of its roles. The discussions stress the importance of a thoughtful approach to military engagement in domestic affairs to protect both national security and civil liberties.
Legal Considerations for Military Deployments
The podcast delves into the complex legal frameworks governing military deployments on U.S. soil, emphasizing the need for clarity and reform. The Posse Comitatus Act restricts federal military involvement in law enforcement without direct congressional authorization, yet recent interpretations suggest the military can still fulfill broad roles under certain circumstances. Specific statutes, like Section 502F, allow governors to deploy National Guard units for federal missions, which raises questions about jurisdiction and authority. The legal responsibilities need to be well understood to prevent abuses of power and safeguard democratic freedoms.
Consequences of Increasing Domestic Military Use
The discussions warn of possible ramifications if domestic military deployments become more commonplace. Increased use of the military for domestic issues could lead to blurring the lines between military and civilian roles, negatively impacting public perception and trust in the military. There is a risk that the military could be viewed as a partisan tool, particularly if deployments appear one-sided politically. Therefore, maintaining clear distinctions between local law enforcement and military support is vital to uphold democratic norms and civil-military relations.
Practical Challenges for Military Upon Domestic Deployment
The podcast addresses the practical implications of deploying military forces domestically, accentuating that these missions are not always aligned with the military's primary functions. Pentagon officials express concerns over the unpreparedness of military units for law enforcement roles and the potential diversion of resources from essential defense duties. Many military members are trained for combat rather than domestic scenarios, and this could lead to difficulties if military forces are called upon to intervene in civilian matters. The existing disconnect between law enforcement protocols and military engagement strategies can jeopardize mission success and safety.
Role of Policy Makers and Legislative Actions
Policymakers are urged to consider reforms related to the military's domestic roles, particularly regarding statutory frameworks governing their deployments. Recommendations include tightening the Insurrection Act and clarifying the legal jurisdiction for military engagement within states during emergencies. The need for an integrative approach that includes both state and federal powers is emphasized, ensuring local leaders have the authority and frameworks to effectively collaborate with military forces when necessary. Ultimately, a structured legislative approach can help enhance accountability and prevent potential overreach by the executive branch.
Public Perception and Military Trust
Public understanding of military deployments is vital in maintaining trust and appropriate expectations regarding the military's role in society. While people may support increased military presence during crises, they generally prefer local law enforcement to lead responses, highlighting reasonable apprehensions about militarization. Military and civilian leaders need to clearly communicate the scope and nature of deployments to prevent misinterpretations and foster trust. The long-term implications of military interventions on civil liberties and public attitudes toward the military should remain a focal point in discussions surrounding domestic deployments.
For today’s special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on “The Dangers of Deploying the Military on U.S. Soil” that Lawfare recently published on its website, in coordination with our friends at Protect Democracy.
Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law School; Joseph Nunn, Counsel in the Liberty and National Security Program at the Brennan Center; Chris Mirasola, an Assistant Professor at the University of Houston Law Center; Mark Nevitt, a Professor at Emory University School of Law; Elaine McCusker, a Senior Fellow at the American Enterprise Institute; and Lindsay P. Cohn, a Professor of National Security Affairs at the U.S. Naval War College.
Together, they discussed how and why domestic deployments are being used, the complex set of legal authorities allowing presidents and governors to do so, and what the consequences might be, both for U.S. national security and for U.S. civil-military relations more generally.
