Talk of martial law, Insurrection Act draws notice of Jan. 6 committee

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Trump White House discussions about using presidential emergency powers have become an important but little-known part of the panel’s inquiry.

, the chief executive of MyPillow, outside the West Wing holding a piece of paper with words including “Insurrection ActAdvisers say Trump shrugged off Lindell and sent him to White House lawyers, who were dismissive of Lindell and soon shooed him out of the West Wing. But Lindell has stayed in touch with Trump, and the two have at times discussed Trump’s reinstatement to the presidency, according to advisers.

Perry, the Pennsylvania Republican, made similar claims in text messages to Meadows, according to records“From an Intel friend: DNI needs to task NSA to immediately seize and begin looking for international far related to Dominion,” Perry wrote to Meadows on Nov. 12, 2020, apparently urging that Director of National Intelligence John Ratcliffe to order the NSA to investigate an unfounded claim that China had hacked into Dominion voting machines.

The committee’s request to Patel explicitly requested all communications relating to “the establishment of martial law, requests to establish martial law, or legal analysis of martial law” and “all documents and communications relating to” invoking the Insurrection Act. Another proposal outlining a plan for Trump to invoke emergency powers surfaced in a committee court filing released last week. Phil Waldron, a retired Army colonel, coordinated with Trump’s outside legal team on a proposal to issue executive orders empowering various government agencies to investigate whether there was foreign interference in the 2020 election. Waldron emailed the plan to Meadows on Dec. 22, 2020, the filing shows.

That act is generally used to impose economic sanctions on foreign adversaries but is written so broadly that a president can freeze the U.S. assets of American companies if the president deems it necessary to address a foreign threat. The Insurrection Act has been used in moments of civil unrest — the Civil War, desegregation battles, rioting following the Rev. Martin Luther King Jr.’s assassination. Goitein says the law is far too broad, enabling a president to send in armed forces without the consent of a state’s governor.

 

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