Discussion on the Insurrection Act

During a recent episode of MS NOW’s “The Briefing,” Maryland Governor Wes Moore (D) discussed the Insurrection Act. He mentioned, “Strictly speaking, does the president have the authority to use the Insurrection Act if it comes down to being a last resort? The real question isn’t just about presidential power but whether we possess the moral clarity and operational necessity to enact it.” He pointed out that it’s concerning when military personnel have to question the legality of their orders, which reflects significant issues within current military operations.

Host Jen Psaki responded, “We’ve talked about how active-duty military members are not obligated to follow unlawful orders. I’ve come across many people who echo this sentiment. Have you considered what guidance you would provide to service members who might be called upon in relation to the Insurrection Act or sent to Minnesota? What steps should they take?”

Moore replied, “This situation is tricky because, technically, the president can invoke the Insurrection Act as a last resort. But it’s not solely about that power; it’s fundamentally about the moral clarity and operational need for it to be actualized. Those are distinctly different nuances that everyone must consider when making decisions. We take an oath to obey lawful orders from the commander-in-chief. Yet, it’s troubling that soldiers, sailors, airmen, Marines, and even Coast Guardsmen find themselves questioning the legality of their orders. This scenario underscores the core problems facing our military personnel today.”