Trump Claims Unchecked Authority to Deploy Military, Courts "Wouldn't Get Involved"

Former President Donald Trump asserted on October 29, 2025, that he possesses the authority to deploy all branches of the U.S. military into American cities without judicial or external intervention. Speaking to reporters aboard Air Force One during a trip to Asia, Trump stated, "If I want to enact a certain act, I’m allowed to do it. And I’d be allowed to do whatever I want. And the courts wouldn’t get involved. Nobody would get involved. I can send the Army, Navy, Air Force, Marines." This declaration underscores his long-standing views on expansive presidential power, particularly concerning domestic military use.

Trump's remarks came after he told U.S. troops at the Yokosuka naval base near Tokyo that he was prepared to send "more than the National Guard" into U.S. cities if needed. He implicitly referenced the Insurrection Act, a rarely invoked authority that allows the president to deploy active-duty military forces domestically to suppress rebellion or quell civil violence. The last significant invocation of this act was in 1992 during the Los Angeles riots.

Legal experts highlight the complexities surrounding such deployments. Geoffrey Corn, director of the Center for Military Law and Policy at Texas Tech University School of Law, explained that the Insurrection Act permits federal military forces to act in a law enforcement capacity. However, the Posse Comitatus Act generally restricts the U.S. military from carrying out domestic law enforcement actions, with exceptions primarily under the Insurrection Act or when a governor requests federal assistance.

Throughout his presidency, Trump has deployed National Guard troops to various cities, often in Democratic-led jurisdictions, leading to legal challenges and pushback from local officials. Despite these deployments, Trump maintained that he had not yet found it "necessary" to use active-duty military, stating, "But I haven’t done that because we’re doing so well without it." His comments reignite debates over the constitutional limits of executive power and the role of the military in domestic affairs.