The act was last invoked in 1992, when then-Governor Pete Wilson requested federal troops to assist during riots in Los Angeles.
Esper, in his first public comments since the start of the protests on Wednesday, also said he opposes sending active-duty troops, insisting they „should only be used as a matter of last resort and only in the most urgent and dire situations.“
„I don’t support invoking the Insurrection Act,“ Esper told reporters at the Pentagon.
But the senators want answers to a series of questions about the military’s role in the crisis and demanded the Pentagon brass brief them by Friday afternoon.
The letter was spearheaded by Democratic Sens. Michael Bennet of Colorado, Tammy Baldwin of Wisconsin, Richard Blumenthal of Connecticut, Bob Casey of Pennsylvania and Sherrod Brown of Ohio.
„We urge you to refrain from using the United States military to diminish or suppress the peaceful, free expression of Americans who are exercising their civil liberties in a call to hold government institutions to a higher standard in the fight for racial justice,“ the senators wrote. „We believe strongly in a healthy civil-military relationship. The inappropriate use of U.S. federal military personnel in this context could result in irrevocable damage to our nation.“
Esper and Milley have come under withering criticism in recent days for their roles in the Trump administration’s response to protests over the death of George Floyd in police custody in Minneapolis.
Esper referred to American cities as a „battlespace“ in a call between Trump and governors on Monday. Later in the day, Esper and Milley accompanied Trump to St. John’s Espicopal Church where Trump staged a photo-op after protesters were cleared from Lafayette Park across from the White House. Esper has since said he wasn’t aware of the planned photo-op.
„America is not a ‘battlespace’ and protestors should never be ‘dominated’ by the government or the military. Those peacefully protesting are not ‘thugs’ or ‘terrorists’ but are individuals exercising their fundamental Constitutional rights,“ they wrote. „The military should never be weaponized by the President to limit these expressions for liberty and justice.“
The senators said they’re „deeply concerned“ after Trump said he would place Milley — who isn’t in the military chain of command as chairman of the Joint Chiefs of Staff — in charge of protest response.
Milley also appeared on the streets of Washington, D.C., Monday night in his combat fatigues to inspect National Guard troops’ response to the protests.
„The scope of your leadership role remains unclear and concerning,“ they wrote. „The appointment of the Chairman of the Joint Chiefs of Staff to manage the response to nationwide domestic protests represents a highly disturbing delegation of authority and injects confusion within the chain of command.“
The Pentagon has already staged some 1,600 federal troops near the nation’s capital, where Trump has special authority. But some legislative action is already in the works to tie the administration’s hands should Trump attempt to deploy active-duty forces elsewhere.
Sen. Tim Kaine (D-Va.) vowed on Tuesday to propose an amendment to the annual National Defense Authorization Act aimed at blocking the military from using force against Americans when the Senate Armed Services Committee debates the bill next week.
Lara Seligman contributed to this report.
Source: politico.com
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