An excerpt:
Now, bracing for Trump’s potential return, a loose-knit network of public interest groups and lawmakers is quietly devising plans to try to foil any efforts to expand presidential power, which could include pressuring the military to cater to his political needs.
.
.
“We’re already starting to put together a team to think through the most damaging types of things that he [Trump] might do so that we’re ready to bring lawsuits if we have to,” said Mary McCord, executive director of the Institution for Constitutional Advocacy and Protection at Georgetown Law.
Part of the aim is to identify like-minded organizations and create a coalition to challenge Trump from day one, those taking part in the discussions said. Some participants are combing through policy papers being crafted for a future conservative administration. They’re also watching the interviews that Trump allies are giving to the press for clues to how a Trump sequel would look.
Other participants include Democracy Forward, an organization that took the Trump administration to court more than 100 times during his administration, and Protect Democracy, an anti-authoritarian group.
“We are preparing for litigation and preparing to use every tool in the toolbox that our democracy provides to provide the American people an ability to fight back,” said Skye Perryman, president of Democracy Forward. “We believe this is an existential moment for American democracy and it’s incumbent on everybody to do their part.”
America’s commander-in-chief has vast powers at his disposal — some well-known, others not so much. Some lawmakers and pro-democracy advocates worry there may be nothing stopping a president from mobilizing the military to intervene in elections, police American streets or quash domestic protests.
Wary of Trump’s staying power — he is running about even with President Joe Biden in the polls — Democratic lawmakers already known to be adversarial to Trump are working on a parallel track.
Among the least-understood tools available to a president is the Insurrection Act. Vaguely worded, it gives a president considerable discretion in deciding what constitutes an uprising and when it is OK to deploy active-duty military in response, experts say.
Some lawmakers on Capitol Hill worry that Trump might invoke the act to involve the armed forces in the face of domestic protests or if the midterm elections don’t go his way.
Sen. Richard Blumenthal, D-Conn., is crafting a bill that would clarify the act and give Congress and the courts some say in its use. Its chances of passage are slim given that Republicans control the House and are largely loyal to Trump.
“There are an array of horrors that could result from Donald Trump’s unrestricted use of the Insurrection Act,” Blumenthal said in an interview. “A malignantly motivated president could use it in a vast variety of dictatorial ways unless at some point the military itself resisted what they deemed to be an unlawful order. But that places a very heavy burden on the military.”