If President Donald Trump decides to invoke the Insurrection Act to send the military to Minneapolis to stop anti-ICE violence, the state’s elected leaders have only themselves to blame.
Gov. Tim Walz and Minneapolis Mayor Jacob Frey deliberately lit a fuse in the powder keg of unrest immediately following last week’s tragic shooting of a motorist in a confrontation with federal Immigration and Customs Enforcement (ICE).
Without waiting for the facts to come to light, Frey called the self-defense claim “bulls—” and screamed at ICE to get the f–k out of Minneapolis.” When the demonstrations descended into chaos and violence, Frey blamed federal agents. That’s like blaming a bank for luring the robber.
PROTESTERS clash with federal officers after another ice blast in MINNEAPOLIS
Not to be outdone, Walz threw high-octane gasoline on the fire.
After previously labeling ICE a “modern-day Gestapo,” the governor praised the protesters while accusing ICE of imagined “atrocities” and “organized brutality.” It was music to the ears of activists shouting, “Nazis!” and “fascists!” in the officers’ faces.
Fiery comments tend to ignite fires.
So inevitably, more ugly clashes broke out in the streets as the crowd raged. An American flag was burned. Both rioters and organized groups harassed and obstructed ICE. Some used their SUVs to stop officers. Others conspired to “de-arrest” suspects. It doesn’t matter that interfering with federal law enforcement is a crime.
The situation escalated after a second shooting when a federal officer was ambushed and beaten while trying to make a legitimate arrest. Helmsmans threw rocks, bottles and fireworks at ICE agents. Federal vehicles were vandalized and looted.
One wrecked car was defaced with graffiti reading “Hang Kristi Noem,” the Secretary of Homeland Security. The angry crowd also spray-painted the words: “The only good cop is a dead one.”
While chaos reigned, local police did little or nothing to curb the chaos. That should come as no surprise in this infamous sanctuary city where the fanciful rights and privileges of illegal immigrants are replacing the rights of law-abiding citizens.
US Deputy Attorney General Todd Blanche warned: “The insurrection in Minnesota is a direct result of a failed governor and a terrible mayor who encourages violence against law enforcement. It’s disgusting.” Blanche’s use of the word “rebellion” was both correct and intentional.
It is broadly defined as a violent uprising or revolt against government authority.
As violence increased, President Trump threatened to invoke the Insurrection Act if Minnesota leaders refused to protect federal officials and ensure public safety. He has the legal right and power to do this.
This would mean flooding the city with military forces instead of federalizing the National Guard, as he has done elsewhere to quell civil disorder resulting from enforcement of immigration laws.
As I explained in two previous columns: the Insurrection Act has been used numerous times by previous presidents throughout American history. In 1957, President Dwight Eisenhower sent American troops to Little Rock, Arkansas, to enforce federal civil rights laws in the face of a hostile governor and mob violence.
President John F. Kennedy did the same in both Mississippi and Alabama. President George HW Bush sent troops to Los Angeles in 1992 to control riots where local authorities failed or refused. A total of fifteen presidents have used the Insurrection Act dating all the way back to Thomas Jefferson.
Uninformed critics falsely claim that Trump is barred from acting under the Posse Comitatus Act, which bans the use of federal troops to police domestic territory. This is a frivolous argument, as the Insurrection Act is an established exception to Posse Comitatus.
In the recent legal wrangling over National Guard troops, U.S. Supreme Court Justice Brett Kavanaugh emphasized “the President’s long-established Article II authority to use the U.S. military (as opposed to the National Guard) to protect federal personnel and property and thereby ensure the enforcement of federal laws.”
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That’s exactly what Trump would do in Minneapolis: protect ICE agents and their federal assets from the ongoing violence while enforcing immigration and deportation laws. But he also has the authority to quell general riots, as Bush did.
When and whether to invoke the law is the sole discretion of the president. However, this does not mean that exercising it is the wisest or wisest decision. In Friday’s editorial, The Wall Street Journal advised against this.
The Journal states that “events in Minnesota so far are nowhere near the standard of rioting and destruction that would justify such a move.” Moreover, calling in federal troops “could lead to more protests.” Finally, it is an election year, which presents its own calculus.
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These are fair points and are certainly part of President Trump’s deliberations.
It can be tempting to have the power to act. But wisdom also lies in restraint.
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