Pritzker: President Trump can’t legally use Insurrection Act to deploy National Guard

After a federal appeals court this past weekend blocked the deployment of National Guard troops in the Chicago area, Illinois Gov. JB Pritzker was asked what would happen if President Trump invokes the Insurrection Act.

If President Trump does so, it would grant him more power over the National Guard and where its troops can be deployed.

“Well, the Insurrection Act is called the Insurrection Act for a reason,” Pritzker said on ABC News’ “This Week.” “There has to be a rebellion. There has to be an insurrection in order for him to be allowed to invoke it. Again, he can say anything he wants. But if the Constitution means anything — and I guess we are all questioning that right now, but the courts will make the determination — if the Constitution means anything, the Insurrection Act cannot be invoked to send them in because they want to fight crime.”

On Saturday, the Seventh Circuit Court of Appeals upheld a ruling from U.S. District Judge April Perry earlier in the week denying a request from the White House to deploy National Guard troops on the streets of Chicago in response to a lawsuit brought by the state of Illinois and the city of Chicago. 

However, it granted a request from the Trump administration to temporarily keep those National Guard troops under federal control, issuing an administrative stay to Perry’s earlier ruling on the federalization issue.

In court, the White House is arguing that National Guard troops are needed to protect U.S. Immigration and Customs agents and facilities in Illinois, and not because of any insurrection or rebellion in the state.

“Amidst ongoing violent riots and lawlessness, that local leaders like (Illinois Gov. JB) Pritzker have refused to step in to quell, President Trump has exercised his lawful authority to protect federal officers and assets,” White House spokesperson Abigail Jackson told CBS News Saturday evening in response to the ruling. “President Trump will not turn a blind eye to the lawlessness plaguing American cities and we expect to be vindicated by a higher court.”