Terry Gross

If Trump does invoke the Insurrection Act, as he has threatened to do, what exactly would that give him power to do?

So what do you fear that the military could be ordered to do if the Insurrection Act was invoked by Trump?

I'm wondering if you think that sending in the National Guard against various governors' will and then threatening to invoke the Insurrection Act

What happens next?

Can it be instituting martial law?

But who's to stop him?

Congress hasn't stood up to him.

Republicans in Congress haven't stood up to him.

He appointed a majority of the Supreme Court.

But there are two other states where they didn't stop him.

Which case are you referring to?

The places where he sent in the National Guard against the governor's will.

Well, we need to take a short break here.

So let me reintroduce you.

If you're just joining us, my guests are Emmanuel Malion, who is a professor at the University of Minnesota Law School, and Elizabeth Goytin, who's a senior director at the Brennan Center for Justice.

We'll be right back after a short break.

This is Fresh Air.

Emmanuel, I want to get back to you.

We've talked about how, you know, what can be called racial profiling has been used in Minneapolis to stop people of color.

And I'm wondering if you think there's an element of white nationalism behind some of the thinking here.