Trump Won't Rule Out Insurrection Act During Midterms

President Trump said in an interview published on Thursday that he has not ruled out invoking the Insurrection Act, or declaring a national emergency, around the midterm elections in November.

In an interview with Time, Trump said he would not commit in advance to any specific action. “I’m not committing to anything,” he said when asked about the limits of his presidential power. The president added that events would be judged “in court”.

Time reported that White House advisers have discussed potential responses if Democrats win control of the House, the Senate, or both. One official told the magazine that the administration would be “forced to think more bipartisan” in that scenario.

In the same account, the official said Trump’s team had run a “completely partisan play” for two years and suggested that approach would not be something to be proud of, even if it had produced results.

Warnings Of A Third Impeachment

Trump has previously warned that if Democrats regain either chamber of Congress, they would try to impeach him for a third time. He also dismissed unfavourable polling for himself and other Republicans as “fake”.

The president has a history of threatening to deploy troops using the Insurrection Act, which he raised at points between his first and second terms.

Previous Threats To Deploy Federal Forces

In January, Trump threatened to send troops to Minneapolis after an Immigration and Customs Enforcement (ICE) officer shot and killed U.S. citizen Renee Good. He later said there was no reason to invoke the law.

In June 2025, Trump said he would “certainly” invoke the Insurrection Act in response to anti-ICE demonstrations in Los Angeles. He made similar remarks in October about protests in Portland, Oregon, and described both situations as “insurrections”.

Trump also said he considered sending troops to Minneapolis during his first term after protests erupted following the killing of George Floyd by police in 2020.

Legal Basis And Historical Background

The Insurrection Act is intended to address situations in which violence or other actions obstruct the enforcement of law. According to the National Constitution Center, the act’s history is linked to concerns about violence surrounding former vice president Aaron Burr. It traces the law’s origins to Jefferson seeking to confront Burr’s plans in the Louisiana Territory in 1807, after Burr was arrested in Alabama and charged with treason. The act was later developed into law.

The statute allows the president, “in all cases of insurrection, or obstruction to the laws,” to deploy military personnel or federalise members of a state’s National Guard to suppress insurrections or ensure laws are “duly executed”.

Trump has also relied on Title 10 to send federal troops to U.S. cities. Title 10 is a section of federal law that allows the president to deploy the National Guard to assist local law enforcement in a supporting role.

Last Invocation In Los Angeles

The Insurrection Act was last invoked by former President George H.W. Bush in May 1992, during unrest in Los Angeles after four Los Angeles Police Department officers were acquitted in connection with the beating of Rodney King. The incident became a flash point in the city and was widely seen in video footage. Fifteen U.S. presidents have invoked the act.

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2 October 2026