The effort is matched in the Senate by a handful of Democrats led by Sen. Richard Blumenthal (D-Conn.).
The lawmakers cited Esper’s public opposition to invoking the law on Wednesday, which irked the White House. His initial order Wednesday to send home active-duty troops who were moved to the National Capital Region was reversed that afternoon following a White House meeting.
„The American public has a constitutionally-protected right to free speech,“ the lawmakers said. „Deploying the military in an attempt to quash these protests would be an attack on our constitution, our democracy, and our people. Congress must send an unequivocal message that this grotesque abuse of power will be stopped.“
The law was last invoked in 1992 in response to the Rodney King riots in Los Angeles at the request of then-Gov. Pete Wilson.
But Trump’s threats this week to send in troops if states don’t make full use of their National Guard was criticized as an unnecessary militarization of the response to protests, and was condemned by national security veterans such as his former Defense secretary, Jim Mattis.
In the Senate, Blumenthal rolled out legislation on Thursday to limit Trump’s authority to deploy troops under the Insurrection Act.
Blumenthal said he’ll look to include the measure as an amendment to the chamber’s version of the National Defense Authorization Act, which the Senate Armed Services Committee is scheduled to consider next week.
Blumenthal’s bill would require Trump to consult with Congress before invoking the law and require the president, Defense secretary and attorney general to submit a justification to Congress. It also would sunset the law’s authority after two weeks unless Congress extends it.
„President Trump has threatened to use a slavery-era law to silence calls for justice from thousands of Americans protesting centuries of racist oppression,“ Blumenthal said. „If the President uses military force against Americans at home, Congress should demand at least the same checks that apply to his use of force against adversaries abroad.“
Source: politico.com
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