What does martial law look like in the U.S.?

South Korean President Yoon Suk Yeol briefly declared martial law Tuesday amid alleged “anti-state” forces that he claimed were plotting rebellion and supporting North Korea, despite offering no evidence. 

But roughly six hours after Yoon called martial law and armed forces flooded the streets, the National Assembly voted to end the declaration. Yoon soon faced calls to resign or be impeached. However, an impeachment vote on Saturday failed due to a boycott from Yoon’s party, which was “apparently more concerned about a return to progressive leadership than about Yoon’s actions,” according to The Washington Post. But that seems to have only intensified protests, and the national police have opened an investigation into Yoon for treason. 

As the drama continues to unfurl, many Americans are now looking warily toward President-elect Donald Trump, trying to understand how something like this might play out in the states. 

Trump has a long history of admiring authoritarians. And in 2020, he deployed the National Guard to break up protestors in Washington, D.C., and Portland, Oregon, during protests over a police officer’s murder of George Floyd. But while controversial, that wasn’t martial law. 

However, Trump also reportedly asked about shooting those protestors but was stopped by skeptics in his administration. Which there will be fewer of this time around. And this year, he openly discussed the idea of deploying the military against “the enemy from within.”

A law expert who wished to remain anonymous told Daily Kos that while there is a small possibility that today's conservative-led Supreme Court would support the precedent of Trump declaring martial law, present concerns are “likely overblown.”

Still, ahead of Trump’s second administration, Daily Kos is taking a look at what martial law might look like—and has looked like—in the U.S. 

What is martial law?

Martial law is when the government approves military authority to temporarily step in for civilian government. It’s usually declared during times of war, rebellion, or natural disaster, per the Office of Justice Programs.

Essentially, what happens is that the military steps in to enforce laws and assist local governments in an area in place of local law enforcement. This can also include bringing people accused of crimes before military tribunals—where military officers function as the judge and jury—rather than civilian courts.

Has martial law been used in the U.S.?

Martial law has been declared at least 68 times in U.S. history, with the most recent federal declaration being made in the then-territory of Hawaii during World War II, according to the Brennan Center for Justice, a left-leaning public policy institute.

Following Japan’s devastating attack on Pearl Harbor, military officials were highly suspicious of Japanese-Hawaiians and often doubted their loyalty, journalist Erin Blakemore wrote for History.com. The three-year-long military rule created an oppressive living situation for Hawaiians, especially those of Japanese descent. 

While fear of a potential threat from Japan ran high, military control of food rations and a state-wide curfew made day-to-day living stressful as well. 

Even photography was banned in certain instances over fears of espionage.

Can a U.S. president declare martial law?

Probably not. 

A sitting U.S. president cannot declare martial law in the same way that Yoon did. In the U.S., the president needs approval from Congress first. 

However, as Joseph Nunn of the Brennan Center points out, laws surrounding the idea remain murky. Per Nunn’s article, a sitting president “has ample authority under current law to deploy troops to assist civilian law enforcement” (emphasis in original) but not necessarily replace it. 

That said, states can—and have—declared martial law more frequently, so long as a state’s declaration does not oppose the Constitution.

As Nunn points out, states have deployed military to step in at the local level to assist in things like natural disasters, which grants some power to military personnel on the ground. 

Nunn also told Daily Kos that the history of the United States’ founding goes against the premise of martial law, which was “part of the reason the American Revolution happened,” he explained.

“If you look at the Declaration of Independence, one of the charges that lay at the feet of King George is rendering the military power superior to the civilian [or enacting martial law] in the colonies,” he said. “So, everything about our constitutional system refutes the notion that martial law can exist.”

However, Nunn added that while martial law may be an overblown concern for Americans, the lack of limitations surrounding the Insurrection Act should have people concerned.

“The Insurrection Act gives the president virtually unlimited discretion to use the military as a domestic police force, even if they're operating in a supportive role [with local law enforcement],” he told Daily Kos. 

Nunn explains how “dangerous” it can be to send trained soldiers to act as police officers—a role far different from what they are trained to do in war zones. 

He argued that the president has “far too much discretion” over when to invoke the Insurrection Act, and that it gives “dangerously broad authority to the president to use the military as a domestic weapon.”

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Other democracies prosecute their ex-leaders. Trump should be no exception

Donald Trump believes he shouldn’t be held accountable for any crimes he’s been accused of before, during, or after his presidency. But on Monday, he found himself sitting in a courtroom as the first former U.S. president ever to go on trial for criminal charges. It’s the case brought by Manhattan District Attorney Alvin Bragg accusing Trump of falsifying business records to cover up a hush money payment to adult film star Stormy Daniels before the 2016 election.  

But while this might be unprecedented in U.S. history, other democracies, including France, South Korea, and Israel have charged, convicted, and even jailed former presidents and prime ministers. So why are we having such a hard time wrapping our head around this as a country?

RELATED STORY: Donald Trump's first criminal trial, Day One

Two previous U.S. presidents were in danger of facing criminal charges. President Warren G. Harding died in office in August 1923 and thus avoided being implicated in the notorious Teapot Dome oil lease bribery scandal and other corruption cases involving top administration officials.

Harding was also a notorious womanizer who had a child born out of wedlock. During the 1920 presidential campaign, the Republican National Committee gave Harding’s long-time mistress a monthly $2,000 stipend as hush money and paid $25,000 to send her on a cruise to Japan and China before the election. 

President Richard Nixon came very close to being indicted for his role in the Watergate scandal that led to his resignation in August 1974. Nixon could have faced charges of bribery, conspiracy, obstruction of justice, and obstruction of a criminal investigation, CNN reported. But Nixon’s successor and vice president, Gerald Ford, granted Nixon a full pardon, justifying his decision by claiming that long drawn-out litigation would arouse “ugly passions” and “our people would again be polarized  in their opinions.”

As The Washington Post wrote last week:

In the half-century since Ford announced that pardon, other nations have charted a different path, prosecuting former presidents or prime minsters in France, Brazil, South Korea, Israel and elsewhere for numerous alleged crimes, among them embezzlement, corruption, election interference and bribery.

Some cases have illustrated the virtues of trying to hold the most powerful political officials accountable under the rule of law — as well as the formidable challenges that arise when prosecuting such figures. These former leaders can rely on ample bully pulpits to assail the process, maintain influence, shore up support and, in some cases, reclaim power.

Trump has certainly used his “bully” pulpit to assail the process by attacking judges, prosecutors, and witnesses and claiming that putting him on trial would be ruinous for the country. Here’s what Trump posted on his Truth Social platform on the eve of the start of his trial in which prosecutors claim Trump paid hush money to Daniels to avoid a scandal that could have hurt his 2016 campaign:

Tomorrow morning I’ll be in Criminal Court, before a totally conflicted Judge, a Corrupt Prosecutor, a Legal System in CHAOS, a State being overrun by violent crime and corruption, and Crooked Joe Biden’s henchmen “Rigging the System” against his Political Opponent, ME! I will be fighting for myself but, much more importantly, I will be fighting for our Country. Election Interference like this has never happened in the USA before and, hopefully, will never happen again. We are now a Nation in serious Decline, a Failing Nation, but we will soon be a Great Nation Again. November 5th will be the most important day in the History of the United States. MAGA2024! SEE YOU TOMORROW.

Republicans seem to be in a certain state of denial regarding the upcoming trial. The Daily Beast conducted interviews with more than 20 Republican lawmakers over the past week. They made clear that they were supporting Trump even if he is a convicted felon.

“I don’t think that it matters to the American people, because they don’t believe it to be a fair trial,” North Carolina Sen. Ted Budd, a strong MAGA acolyte, told the Daily Beast. “They believe that all these trials are completely unfair against him to drain him of his resources and it’s completely done the opposite thing, it’s rallied the American people behind him.”

And Tom Cole of Oklahoma, a more establishment Republican who recently became chair of the House Appropriations Committee, said he will continue to support Trump even if he’s convicted.

“First of all, I don't think that’s going to happen,” Cole said. “But second, I think some of these prosecutions are simply ridiculous on their face, and some of them are clearly harassment.”

Trump is also trying to rebrand himself as the victim of political persecution, even having the temerity to compare himself to former South African President Nelson Mandela. Trump somehow connected the anti-apartheid icon’s 27 years spent in prison to the possibility that he could be jailed by Judge Juan Merchan for violating a gag order in the hush money case.

“If this Partisan Hack wants to put me in the ‘clink’ for speaking the open and obvious TRUTH, I will gladly become a Modern Day Nelson Mandela—It will be my GREAT HONOR,” Trump wrote on his Truth Social platform.

Mandela’s grandson told the Times of London that Trump is “definitely delusional.”

Trump probably wishes that he could be like Russian President Vladimir Putin. In 2020, Putin signed legislation that grants former presidents immunity from prosecution for any crimes committed during their lifetime. Trump has argued for presidential immunity repeatedly without success.

RELATED STORY: Make America like Russia: Trump wants same presidential immunity as Putin

Trump also shares much in common with Israeli Prime Minister Benjamin Netanyahu, who has used a similar strategy of “delay, deny, deflect” after he was charged in 2019 with fraud, breach of trust, and bribery while still in office. Netanyahu has also accused prosecutors of waging a “witch hunt” against him.

Netanyahu left office in 2021 after losing a vote of confidence in the parliament, but returned to power in December 2022 as the head of the most right-wing government in Israel’s history. Netanyahu and his allies then tried to overhaul the judicial system to give ruling parties more power to override Supreme Court decisions and select judges. Under the proposed legislation, courts would no longer have been allowed to bar politicians convicted of crimes from holding top government posts. These proposals triggered mass protests, and may have helped distract the government from warning signs about Hamas’s plans for a major attack.

But two other Israeli leaders ended up serving prison sentences. Former President Moshe Katsav was sentenced in 2011 after being convicted of rape and other sexual offenses against subordinates, and former Prime Minister Ehud Olmert was convicted in 2015 of fraud, breach of trust, and tax evasion.

In France, two former presidents were convicted of criminal charges. Jacques Chirac was convicted in 2011 of influence peddling, breach of trust, and embezzlement during his time as the mayor of Paris and received a two-year suspended jail sentence. In 2021, former President Nicolas Sarkozy was convicted of corruption and influence peddling. An appeals court spared him from serving any time in prison. In a separate case, Sarkozy is to go on trial in 2025 on charges or corruption and illegal financing related to alleged Libyan funding of his successful 2007 presidential campaign.

South Korea remains one of Asia’s most vibrant democracies even though four ex-presidents have  been jailed for corruption since the 1980s. Another ex-president committed suicide in 2009 while under investigation. Most recently, President Park Geun-hye was impeached in 2017, and convicted of abuse of power, bribery, and coercion the following year. She was sentenced to 22 years in prison, but received a presidential pardon in 2021 due to poor health.

South Koreans ousted a military dictatorship in the 1980s. According to the Economist Intelligence Unit’s Democracy Index 2023, South Korea is a top-tier democracy, ranked 22nd in the world—seven spots ahead of the United States, which was labeled a “flawed democracy.”

Trump has been charged with 88 criminal offenses in four criminal cases. But former Italian Prime Minister Silvio Berlusconi, who died last year, also had quite the rap sheet. Berlusconi faced 35 criminal court cases since entering politics in 1994, but only one of his trials resulted in a conviction, Reuters reported. Berlusconi was convicted in 2013 for tax fraud, false accounting, and embezzlement related to his media empire, but what was originally a four-year prison sentence ended up being reduced to a year of community service.

And that brings us to former Brazilian President Jair Bolsonaro, the right-wing populist known as the “Trump of the Tropics.” Bolsonaro cast doubts over the results of the 2022 presidential election which he narrowly lost to left-wing former leader Luiz Inácio Lula da Silva, claiming without evidence that the country’s electronic voting machines were prone to fraud.

Then on Jan. 8, 2023, thousands of Bolsonaro supporters stormed the Congress and other government buildings in the capital Brasilia in a scene mirroring that of the Jan. 6 attack on the U.S. Capitol. Security forces regained control and arrested several hundred people.

Bolsonaro has been charged by Brazilian authorities with forging a coronavirus vaccine card before he traveled to Florida in late 2022 after his election loss. Authorities are also investigating whether Bolsonaro was involved in plotting a coup to remove Lula from power.

But last July, judges on Brazil’s highest electoral court barred Bolsonaro from running for office again until 2030, making it unlikely that he will ever return to the presidency.

That’s something the U.S. Senate could have done by convicting Trump in his second impeachment trial. At the time, Senate Minority Leader Mitch McConnell said Trump was “practically and morally responsible for provoking” the Jan. 6 attack on the Capitol, but it was more appropriate for the former president to be held accountable by the criminal justice system and civil litigation. Maybe some GOP senators thought Trump would just go away, but he’s now their presumptive presidential nominee, and McConnell and most other GOP senators have bent the knee and endorsed Trump.

So now as Trump’s first trial begins, our country is rated a “flawed democracy.” Trump and his MAGA cultists have tried to undermine our justice system, the rule of law, and the public’s faith in democracy. The Washington Post reports:

“The notion that not just charges would be brought, but that a former president and possibly future president might be convicted and sent to jail is truly extraordinary,” said William Howell, an American politics professor at the University of Chicago. “How the system and how the American public will respond is going to be really revealing about the nature of our democratic commitments.”
If other democracies can hold their leaders accountable, there’s no reason why we can’t do the same.

CDC reports potentially significant outbreak of COVID-19 as cases reported coast to coast

On Friday, the first person died in the United States from the effects of an infection by the 2019 novel coronavirus. On Saturday, another case of apparent community spread was identified, this time in Chicago, half a continent away from previous signs that the virus may be circulating in Washington, Oregon, and California. Then came another case in Rhode Island (a traveler to Italy, not community spread).

But the worst news of the day came in a phone call from the CDC on Saturday afternoon. Though it has received little attention in a usually sensationalist media that seems suddenly concerned about saying anything at all that might raise a sensation, what the CDC said during that call indicated that the official number of cases of COVID-19 is likely to double almost overnight — and it’s happening in the worst place imaginable for a disease of this type.

The subject of that CDC press call on Saturday was the Life Care Center, a long term nursing facility near Kirkland, Washington. The cases there have not yet been confirmed by testing, but there are two “presumptive positives”—which, from the call, appear to be quick tests that returned positive values, but are waiting for lab confirmation. One of these positives is a health care worker at Life Care Center. The other is one of the residents there, a woman in her 70s. 

But those two aren’t alone. CDC officials and officials from Washington state indicated that another 27 out of the facility’s 108 residents are showing symptoms that may indicate COVID-19. So are 25 members of the staff. 

Considering the profile of COVID-19, with deaths and severe illness heavily slanted toward patients over 60 or those with other health issues, this sort of facility would seem to be the very worst case scenario. These are the people at highest risk for a poor outcome … and yes, that’s a euphemism. 

And the worst thing out of this worst thing may be that one of the Washington state officials made it clear that, had they been able to test earlier, they might have identified and isolated infections before the situation reached this point. Now there seems little to do but protect those not yet showing any symptoms, wait for test results, and hope that everyone there is just sharing a persistent cold.

So, let’s look at a number that’s actually kind of nice to see.

COVID-19: Global Case Status

For the first time, the blue wedge here is actually larger than the orange—that is, the number of cases considered to be “recovered” have exceeded the number of active cases. The reason for this is also right there on the same chart. With a recovery period between 10-17 days, the “fat” part of the graph in terms of the original epicenter in China are now reaching the point where they reach an outcome. In a sense, cases before Valentines Day have now, with few exceptions, either ended in death or recovery. And as far as China goes, the number of cases logged after that date is less than what came before. 

However, there’s also a bad sign on this chart. At the very top of the graph, you can see that the overall slope for total cases has stopped flattening out and started to grow more steeply. This is because China is no longer driving the outcome. South Korea alone reported more new cases on Saturday than did all of China. Iran was not far behind. Here’s another look at the top 10 locations outside of China (and cruise ships).

COVID-19: Time sequence outside China

The growth of cases outside of China shows the appearance of those three new epicenters—South Korea, Italy, and Iran, though the order of these new sources is almost certainly not as they appear from the public information. Every indicator is that Iran is not only continuing to vastly under-report the true situation, but was harboring a significant number of infections for days or even weeks before the first case was reported. Iran has reported 54 deaths as of Satuday—more than Italy and South Korea combined.

What may be more interesting on the chart is actually those other countries up near the top:  Japan, Hong Kong, and Singapore. In each of these nations, despite proximity and frequent travel to affected regions in China that made them all early locations for cases identified outside of the original epicenter, additional cases have not undergone exponential growth. That’s true in Japan despite dozens of cases of community spread (including a scary number of cab drivers in major cities). After an initial outbreak, Singapore now shows only 32 active cases.  Both of these countries show admirable management of the infection that has avoided the mistakes seen elsewhere. Worth studying.

Finally, here’s a warning of a different sort—these daily reports need to change.

The first of these articles on 2019 novel coronavirus appeared on January 23, when the number of cases in China was still in the hundreds, but 17 deaths had made it clear that what was happening near the city of Wuhan demanded attention. Chinese authorities had already instituted travel restrictions within the country, restricting travel in Hubei Province. However, there was something going on at the time—an impeachment—that definitely put the story on the back burner, and back pages, within the U.S. It wasn’t until a week later that the virus, and the disease it caused, got a regular daily post. That first one warned against the rumors and misinformation that was already spreading faster than the infection.

Since then, the series had gone through a lot of topics: Right wing efforts to paint the virus as the another reason for xenophobia, the difference between an epidemic and pandemic, the death of whistle-blowing doctor Li Wenliang, who became an overnight symbol for free speech and government transparency, and the first news that passengers aboard the cruise ship Diamond Princess had been confirmed to be carrying the virus.

Even though most of those events were less than a month ago, they’re already receding into the early history of an event that is turning into something that’s exceedingly rare—a genuinely worldwide event. For the last three weeks, these articles have often been a grim exercise in watching the rising tide of numbers. That may be an interesting exercise in some ways, but hitting everyone with charts and graphs is likely of diminishing value as this becomes more about how 2019 novel coronavirus affects your town, family, and life. Look for some changes to the reporting to match that new focus.

Resources on novel coronavirus

World Health Organization 2019 Coronavirus information site. World Health Organization 2019 Coronavirus Dashboard. 2019-nCoV Global Cases from Johns Hopkins. BNO News 2019 Novel Coronavirus tracking site. Worldometer / Wuhan Coronavirus Outbreak. CDC Coronavirus-2019 (COVID-19) information site. European Centre for Disease Prevention and Control.

Information on preparing yourself and your family

Some tips on preparing from Daily Kos. NPR’s guide to preparing your home. Ready.gov