Trump refuses to rule out invoking Insurrection Act ahead of 2026 midterms

WASHINGTON, DC: President Donald Trump refused to rule out invoking the Insurrection Act before the midterms, saying, “I could use it” when asked about the law.

The 1807 law allows presidents to deploy active-duty military personnel for domestic law enforcement under certain conditions.

Trump made the remark during a TIME interview at the White House on September 28, that was published Monday, October 1, while discussing the midterm elections.

Trump leaves Insurrection Act option open

Asked whether he would rule out declaring a state of emergency before the midterms unless there was widespread violence, Trump said, “I don't rule anything out or in.”

The interviewer clarified whether he meant the Insurrection Act. Trump responded: “No, I've never used it. I could use it. A lot of people think I should use it sometimes.”

The law permits a president to use active-duty military personnel for domestic law enforcement when the president determines that unlawful obstruction, rebellion or other unlawful activity makes enforcing federal law through ordinary judicial proceedings impracticable, as per the BBC.

It also covers the National Guard, which is part of the US armed forces and is traditionally used for domestic emergencies and disasters.

President Trump ties decision to unrest and federal enforcement

The Insurrection Act has been invoked during major periods of domestic unrest and conflict in US history. 

Abraham Lincoln used it during the Civil War, while President Ulysses S Grant later invoked it against Ku Klux Klan violence.

President Dwight D Eisenhower used it to send Army troops to escort Black students into a school in Little Rock, Arkansas, after the state's governor refused to comply with a federal desegregation order.

The setting sun casts a warm glow on the Senate side of the west front of the Capitol Building on September 14, 2026(J. David Ake/Getty Images)

The Posse Comitatus Act of 1878 generally restricts the military from acting as domestic law enforcement, while the Insurrection Act provides an exception under specified circumstances.

Donald Trump also discusses potential midterm fallout

The TIME interview came as Trump discussed whether Democrats could take control of Congress in the midterms. 

He said he expected Republicans to do well if he campaigned for candidates.

“No, I think that we're going to do well,” Trump said. “If I campaign for people, those people are going to win.”

“Lindsey Graham's sister is fantastic. I helped her, I endorsed. And she beat a very seasoned professional named Ralph Norman,” he said. 

Asked what he would do if Democrats won the House, Trump said, “They'll probably go after me and I'll go after them.”

President Trump was also asked about his poll ratings, he said, “They're fake numbers. I would beat anybody running today by 20 points. The numbers that you have are fake. The pollsters are corrupt. They're almost as corrupt as the writers.”