Former Acting Deputy Secretary of Homeland Security from 2019 to 2021, Ken Cuccinelli, dismantled CNN host Brianna Keilar’s take on President Trump’s ability to use the Insurrection Act to combat illegal aliens in LA.Keilar asked Cuccinelli if President Trump could egally invoke the Insuurectio Act to send the military to end the riots supported by Karen Bassw and Gavin Newsom. The Insurrection Act is a U.S. federal law that gives the President authority to deploy the military and National Guard within the United States to deal with insurrection and rioting.
Trump has authorized an addition 2,000 Nationaln Guard troops to LA bringing the total to 4,000 National Guard troops and 700 active duty troops. During a segment meant to criticize Trump’s decision to deploy thousands of National Guard troops—and his potential move to send in active-duty Marines, Cuccinelli flipped the argument on Kielar and totally estroyed her.
Transcript:
Brianna Keilar:
Do you think that President Trump should invoke the Insurrection Act?
Ken Cuccinelli:
Well, that is effectively a function of available resources. So, when they fully ramp up what they think is the optimum number of National Guardsmen, and if they still aren’t quelling the violence, then yes is the short answer—just as it was done in L.A. back in 1992. And that’s what that tool is for.
The President has made it clear that, unlike his first term, he’s willing to use it. I think we all take him seriously on that. He’s already moved National Guardsmen in a way he did not during the riots in 2020.
I can tell you, if you think of Portland, Oregon, where we had 340 officer injuries in the summer of 2020—340 officers injured—and the governor wouldn’t—Governor Brown there—would not bring in the National Guard, and President Trump didn’t override it, as he has the authority to do.
VISIT OUR YOUTUBE CHANNELBrianna Keilar:
I hear you, Ken, but you raised a really— You’ve all mentioned several times. You raised a very serious thing, so I just want to ask you. You said the Insurrection Act—it’s really a matter of available resources. I don’t know that that’s how a lot of people would read it.
Are you saying that it’s really just a matter of if they don’t have enough Guard, then they can go ahead and deploy active-duty military, like these Marines who have been readied, and that’s okay because of the Insurrection Act?
Ken Cuccinelli:SC
That’s exactly what the Insurrection Act says.
CNN Guest Stuns Host and Viewers
YES, Trump can invoke the Insurrection Act.
Former DHS official Ken Cuccinelli came in with a tough dose of reality when Brianna Keilar asked, “Do you think that President Trump should invoke the Insurrection Act because of the unrest in… pic.twitter.com/prMPRC3iCH
— The Vigilant Fox 🦊 (@VigilantFox) June 9, 2025
Ken Cuccinelli:
There are four reasons under the Insurrection Act that the President can deploy military under that act. Insurrection is only one of the four—that’s the name of the act, but it’s only one of the four bases.
And yes, just what I said: if federal resources are otherwise insufficient to deal with whatever the circumstance the President sees, he has full authority, under the Insurrection Act, to utilize active-duty military to participate in addressing that situation. And here, we’re talking about violence in the streets of Los Angeles. He absolutely has the authority to do it, just as President George Bush did in 1992.
Brianna Keilar:
This would be significantly different than 1992. But I do want to ask you—because sending in federal troops here against the governor and the mayor’s wishes, as you’re well aware, George H. W. Bush had Governor Pete Wilson’s support. So, he wasn’t doing the exact same thing—you’re well aware of that. How does the Trump administration then mitigate the risk that what it’s doing could actually inflame the situation?
Ken Cuccinelli:
So, of course, there are differences between every circumstance—so please don’t lecture me on that. If they want to mitigate the circumstances, then coaxing as much cooperation as you can get is obviously step one. That’s not going to happen with the mayor and the governor.
They’ve made that very clear. The governor is going to file a useless lawsuit against the President—this is well-litigated ground. The President is going to win that lawsuit. But when you don’t have any cooperation locally, you’re left working on your own.
