Could Trump declare martial law to try to steal the election?

But what emergency is there right now that would warrant the military taking to the streets? There is none. Trump could try to gin one up by encouraging protests across the nation on Jan. 6 as Congress certifies results, said Meredith McGehee, an expert in ethics in politics and the director of Issue One.

To that end, Trump allies are planning a rally in Washington that day. Trump is encouraging them: “Big protest in D.C. on January 6th. Be there, will be wild!” he tweeted last week.

That’s scary language, said McGehee, who wondered whether Trump might try to do this in several cities to create the pretense of insurrection and chaos. “Now we have a president who is playing with the notion that we are going to solve conflict with violence,” she said. “That puts us up there truly with the banana republics.”

But this tactic would almost certainly face legal challenges and political blowback. “Talk about an idiotic idea,” Republican strategist Karl Rove recently said on Fox News. “There’s no ability for any president to invoke the Insurrection Act of 1803, claiming that the issue has got to do with the hubbub around the election.”