Donald Trump’s updated strategy toward crime in the United States: doing whatever he wants.
The non-monarch told U.S. troops stationed in Japan Tuesday that he was prepared to send “more than the National Guard” to American cities to safeguard and enforce his immigration agenda—a threat that could apparently involve any branch of America’s armed forces.
Speaking with reporters aboard Air Force One on his way to South Korea hours later, Trump clarified that he would do whatever is “necessary” to tackle crime, even if that meant ordering the U.S. military onto American soil.
“I would do that if it was necessary, if it was necessary I’d do that, but it hasn’t been necessary,” Trump said on the plane. “We’re doing a great job without that—is necessary. As you know, I’m allowed to do that.
“And I’d be allowed to do whatever I want, but we haven’t chosen to do that,” he continued. “And the courts wouldn’t get involved. Nobody would get involved. And I can send the Army, Navy, Air Force, Marines. I can send anybody I wanted.”
The president is typically prohibited from leveraging the U.S. military for domestic law enforcement purposes under the Posse Comitatus Act, though one law stands as the major exception to that rule. Trump could use troops to handle domestic issues if he invoked the Insurrection Act, but doing so would require a state of emergency.
The legal loophole has been used by 17 presidents but has not been invoked since 1992, when President George H.W. Bush used it to subdue riots in Los Angeles after the local police force brutalized Rodney King.
In an apparent bid to access the legal grounds, Trump and his associates have tried to fabricate a fictitious bedlam that they claim has taken over Democratic cities.
One such area the president has homed in on is Portland, Oregon, a city better known for Voodoo Doughnuts and cold brew than hellish riots. Late last month, the president ordered the National Guard to the hipster paradise, but his rationale for sending them was not informed by statistics or data—instead, it was because of something he saw on TV.
Other crime stats that have informed his decision to federalize the law enforcement of American cities were completely imagined. When Trump deployed hundreds of National Guard members to Washington in August, he blamed the city’s rising crime data—from 2023. The cherry-picked statistics misrepresented the state of crime in the nation’s capital, which, according to data from the Metropolitan Police Department that was touted by Trump’s own FBI, had actually fallen last year by 35 percent.
A month before the presidential election, the Brennan Center for Justice referred to the Posse Comitatus Act as “too flimsy a guardrail” to genuinely protect the nation from a Trump White House, explaining that the principle within the act is protected “more by norms and historical practice” than the law itself. “Unfortunately, we’ve entered an era in which we can no longer rely on tradition to constrain executive action,” Joseph Nunn, a counsel in the Brennan Center’s Liberty and National Security Program, wrote at the time.
Trump has floated the idea of leveraging the Insurrection Act for years, though it has picked up steam since his inauguration.
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