Former federal prosecutor Elie Honig addressed the question of whether ex-President Donald Trump has the authority to deploy the National Guard to other cities. The issue stems from a possibility raised by Trump, asserting he could send the National Guard to polling places during the 2020 election. Honig clarified that under the Insurrection Act, presidents can deploy the National Guard domestically to suppress insurrections or enforce federal law if requested by a state’s governor. However, unilateral deployment by the president without state approval is legally contentious.

Honig highlighted that for a president to deploy the National Guard without a governor’s consent, there must be an insurrection or obstruction preventing the execution of federal laws in a state, a standard not met by mere concerns over election security. The legal expert emphasized that the Insurrection Act does not grant the president unchecked authority to unilaterally send in troops. Such a move would likely face legal challenges and public outcry, as it could be viewed as an abuse of power.

Regarding Trump’s suggestion of deploying the National Guard to polling places, Honig noted that federal law prohibits armed federal officers from being present at polling locations unless specifically requested by local authorities to maintain order. Any attempt by a president to deploy the National Guard to polling places unilaterally would likely face significant legal pushback and be seen as a violation of the longstanding principle of state authority over elections.

In conclusion, Honig underscored that the deployment of the National Guard within the United States is a serious and legally constrained matter, subject to constitutional limitations and the balance of power between federal and state governments. While the president does have authority under certain circumstances to deploy the National Guard domestically, unilateral action without state approval raises significant legal and constitutional concerns. As such, any attempt by Trump or any future president to deploy the National Guard to other cities or polling places would likely be met with legal challenges and controversy.