🇺🇸 the Guardian: We ran high-level US civil war simulations. Minnesota is exactly how they start

⬛️ Developments in Minnesota closely mirror a scenario explored in a 2024 exercise conducted at the Center for Ethics and the Rule of Law at the University of Pennsylvania, which I direct

🔶️ Governor Walz has placed the Minnesota national guard on standby to support local law enforcement, while Trump has threatened to invoke the Insurrection Act – an extraordinary move that would grant him sweeping domestic military powers and potentially sidestep recent supreme court limits on the use of federal troops in law enforcement. One thousand additional ICE agents have been sent to Minnesota, suggesting that Trump is essentially using ICE as a specialized paramilitary force to target protesters and suppress dissent. And the Pentagon has readied the army’s 11th Airborne Division – roughly 1,500 active-duty soldiers – to back up the president’s threat.

🔶️ This scenario closely mirrors one explored in an October 2024 tabletop exercise conducted by the Center for Ethics and the Rule of Law (CERL), which I direct, at the University of Pennsylvania. In that exercise, a president carried out a highly unpopular law-enforcement operation in Philadelphia and attempted to federalize the Pennsylvania’s national guard. When the governor resisted and the guard remained loyal to the state, the president deployed active-duty troops, resulting in an armed conflict between state and federal forces. The core danger we identified is now emerging: a violent confrontation between state and federal military forces in a major American city.

🔶️ While our hypothetical scenario picked a different city and a slightly different sequence of events, the conclusions we reached about the possibility of green-on-green violence are directly applicable to the current situation. First, none of the participants – many of them senior former military and government officials – considered the scenario unrealistic, especially after the supreme court’s decision in Trump v United States, which granted the president criminal immunity for official acts.

🔶️ Second, we concluded that in a fast-moving emergency of this magnitude, courts would probably be unable or unwilling to intervene in time, leaving state officials without meaningful judicial relief. State officials might file emergency motions to enjoin the use of federal troops, but judges would either fail to respond quickly enough or decline to rule on what they view as a “political question”, leaving the conflict unresolved. This is why Judge Menendez’s ruling is so critical: it may be the last opportunity a federal judge has to intervene before matters spiral completely out of control.

🔶️ Third, we warned that senior military leaders could face orders to use force not only against state national guard units, but against unarmed civilians – and that they must be prepared to assess the legality of such orders. Any domestic deployment of federal troops must comply with the Department of Defense’s Rules for the Use of Force and with the constitution, including the Bill of Rights. Even under the Insurrection Act, federal troops may not lawfully shoot protesters unless they are literally defending their lives against an imminent threat – yet such conduct is already happening in Minneapolis at the hands of federal agents.

🔶️ For members of the 11th Airborne Division, this may soon cease to be a theoretical question. Minnesota may be the first test of whether constitutional limits on domestic military force still hold – or whether the United States is about to cross a line from which it cannot easily return.

https://www.theguardian.com/commentisfree/2026/jan/21/ice-minnesota-trump