One of the most easily imaginable scenarios under which Trump could take action to disrupt the election is that of widespread civil unrest, such as the protests against police brutality in cities across the country today. By declaring a national emergency on the grounds of national security, the president would have more than 120 statutory emergency powers, according to the Brennan Center for Justice, with few restrictions in practice. Those powers include using the military to enforce laws under the Insurrection Act. “If a city or state refuses to take the actions necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them,” Trump said in early June.
Under similar circumstances in November, Trump could declare a national emergency and federalize the National Guard, and deploy other parts of the military, to keep order in key cities and states on Election Day. Such a response could be seen as intimidating to liberal and minority groups, and would likely have the effect of dampening turnout. The Insurrection Act has also historically required an order for “insurgents” to disperse. Depending on who is characterized as an insurgent under such circumstances, that order could have the effect of not just discouraging people but of forcing people away from the polls.
The president could also declare a state of emergency on national security grounds in response to foreign-sponsored attempts at digital interference with the election system, which we know are already underway, according to intelligence officials.
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