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Can military forces be used to quash an 'enemy within,' like Trump suggested? Here's what to know

Speaking on Fox News Sunday, former President Donald Trump suggested using themilitary on U.S. soil to tamp down on chaos on Nov. 5.

When asked if he was worried about foreign-agitated violence on Election Day, he said:

"I think the bigger problem is the enemy within," he said, saying the "radical left-lunatics" could pose a potential problem on Election Day. "It should be very easily handled by, if necessary, by National Guard or if really necessary by the military."

Some Republicans were uncomfortable with this notion, and Vice President Kamala Harris jumped on the comment, showing the video of Trump's interview at a rally in Pennsylvania the next night.

Here is what to know about the president's powers in relation to deploying the National Guard and military.

Biden controls military until Inauguration Day

Only the president of the United States has control over the military. That means President Joe Bidenwill remain the commander in chief until either Trump or Harris is likely inaugurated on Jan. 20, 2025.

The National Guard serves state and federal functions but is largely under control of state governors. The president controls the D.C. National Guard.

Presidents can deploy the military domestically through the Insurrection Act

The Insurrection Act consists of statutes dating as far back as 1792. According to the Brookings Institution, it is the primary law defining the cases in which a president may deploy federal troops in the face of civil unrest. It lays out the following three scenarios for authorizations of force:

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  • The state requests federal assistance

  • A rebellion makes it impossible to enforce federal law

  • Some sort of violence or conspiracy is depriving others of their Constitutional rights

The law is meant to be an exception to the core U.S. legal principle that the military should not be involved in civilian affairs.

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