Jan. 6 Committee Weighs Proposing Reforms To The Insurrection Act

WASHINGTON, DC - FEBRUARY 09: National Guard troops stand guard before the start of the second impeachment trial of former U.S. President Donald Trump February 9, 2021 in Washington, DC. House impeachment managers w... WASHINGTON, DC - FEBRUARY 09: National Guard troops stand guard before the start of the second impeachment trial of former U.S. President Donald Trump February 9, 2021 in Washington, DC. House impeachment managers will make the case that Trump was “singularly responsible” for the January 6th attack at the U.S. Capitol and he should be convicted and barred from ever holding public office again. (Photo by Win McNamee/Getty Images) MORE LESS
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The Jan. 6 Select Committee has reportedly discussed recommending potential legislative changes to the Insurrection Act as it continues to learn the extent former President Trump and his allies were willing to go to subvert the 2020 election results.

A New York Times report published Monday offered some insight into the committee’s private discussions about ways to reform the Insurrection Act, which gives presidents the authority to deploy the military on American soil to suppress “any insurrection, domestic violence, unlawful combination or conspiracy.”

The discussions are reportedly preliminary.

“There are many of us who are of the view that the Insurrection Act, which the former president threatened to invoke multiple times throughout 2020, bears a review,” Rep. Zoe Lofgren (D-CA), a member of the Jan. 6 Select Committee, told the Times.

In recent weeks, the panel has reportedly discussed whether to demand that their colleagues consider revisions to the Insurrection Act. According to the Times, changes to the act that are under discussion within the committee include implementing a higher and more detailed threshold that a president must meet before troops could be deployed domestically. One option would be a requirement that a president consult with Congress on the matter.

“Essentially, the former president threatened by tweet to send in the armed services to take over civilian governments, because he saw things that he didn’t like on TV,” Lofgren told the Times, referring to the then-President’s threats to invoke the Insurrection Act amid protests and unrest in the wake of George Floyd’s death in 2020 — a threat that his then-Defense Secretary Mark Esper rejected.

“That’s not really the history of the use of the act, and maybe more definition of terms might be in order,” Lofgren continued.

In addition to the panel considering recommending legislative reforms to the Insurrection Act, the Times noted that the panel is also expected to recommend an overhaul of the Electoral Count Act, which Trump and his allies unsuccessfully tried to weaponize to pressure then-Vice President Pence to throw out the 2020 election results.

A recommendation from the panel would just add to the bipartisan effort in Congress to reform the ECA, which would solidify a vice president’s lack of authority to overturn election results and would make it more difficult for members of Congress to object to certifying results.

That bipartisan endeavor continues to be a work in progress.

In late 2020, top military brass reportedly held private discussions about what actions official should take should Trump order them into the streets, as the then-President pushed election fraud falsehoods months before the election.

Although no evidence has surfaced on plans by Trump to invoke the Insurrection Act while in office, allies such as Michael Flynn and Roger Stone pushed for the then-President to do so amid his refusal to concede the election.

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  1. I sincerely hope that the J6 Committee goes beyond recommending “potential legislative changes to the Insurrection Act,” and provides all their information to the DOJ and pushes them hard for indictments and convictions of the scofflaws – all of them.

  2. I think they should also look at mandating prison for continuing to propagate unfounded claims about election fraud as well.

  3. Errr, and what law would that be prosecuted under?

    I’m all for throwing the book at the assholes, but “Lock 'em up because they crossed us” doesn’t cut it. We need laws broken, indictments and successful prosecutions.

    I’m actually very chuffed by the news this afternoon that Alex Jones is fishing for a deal. I don’t think he’s deep in the bowels of the insurrection, but could well drag a few more folks into the blender, who in turn could do the deed.

    At one point I thought I’d start saving some links to all the posts from the “gloom and doomers” who swear “nothing will be done, we’re all going to end up slaves, we’re DOOMED!”, but then I told myself - “Nah, they’re not worth it.”

    I do think we’re going to be okay. If nothing else, Putin is doomed, and he’s been behind a metric shit tonne of this garbage, so we can expect things to start calming down at some point just because he’s going to get “aligned with history”. But I do recognize there’s still some significant danger, but hey - we knew the job was dangerous when we took it… :roll_eyes:

  4. Well, I think that’s the point, if the current laws don’t quite cover this behavior, maybe we should change the laws. Perhaps the house should convene a committee to look into it.

    It’s tricky, and needs to be thought through carefully. Perhaps a series of televised hearings going over what exactly happened on Jan 6 would be a good place to start…

  5. You’re in luck, it’s already been compiled here:

Continue the discussion at forums.talkingpointsmemo.com

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