Minnesota’s current and future seems to be all about ICE and the possible use of the Insurrection Act, at least from this perspective in a suburb of St. Paul, MN. If you look at Howard J. Bashman’s How Appealing blog[1] for Friday, January 16, 2026, among many other entries is this:
“Trump Backs Down on Insurrection Act as Democrats Take the Offensive; Officials denounced the Trump immigration crackdown in Minneapolis at an unofficial congressional hearing, while the president said he no longer saw a need to send in military forces”: Jazmine Ulloa of The New York Times has this report.
Praveena Somasundaram of The Washington Post has an article headlined “What could happen if Trump invokes the Insurrection Act in Minnesota; Protesters have clashed with federal immigration officers in Minneapolis since Jan. 7, when an officer fatally shot 37-year-old Renée Good.”
And Madlin Mekelburg of Bloomberg News has a report headlined “What to Know about the Insurrection Act Trump Wants to Invoke.”
These are factual articles, at least that was the nature of the WaPo article, so I’ll supply the speculation. What does President Trump risk if he were to invoke the Insurrection Act?
- Loss in the Courts. The President has a record of failure in the Courts when it comes to ICE, such as the recent order to remove troops from Illinois, resulting in removals from not only Illinois, but Oregon and California. He suffered a loss of prestige by that order, and decided to stem the bleeding, I think.
- Hard refusal to cooperate by the military. Attempting to order the military, which can be both National Guard and regular military, runs the risk of a refusal to deploy. After all, the US military is not composed of foreign mercenaries, but of Americans who, hypothetically, are being ordered to confront and possibly harm fellow Americans; in the case of the National Guard, fellow Minnesotans. The temptation to refuse the order, even to suddenly resign en masse, must be considered by Trump and his team. If this scenario were to occur, the damage to the Trump Administration’s prestige would be colossal, and the subsequent polls would be catastrophic.
- Soft refusal to cooperate by the military. Suppose such an order was issued and obeyed, but the military spent most of its time in coffee shops and not on patrols or frightening citizens. An ineffective deployment is not as damaging to Trump as a refusal to obey orders, but it’s still undesirable and may have more long-term damage, adding to a reputation of being ineffective.
- Mutiny. If the Chairman of the Joint Chiefs of Staff, General Caine, chooses to classify such an order as illegal, Trump might be arrested, or even killed, if Caine chooses to take the risk of a shootout and/or losing at court-martial. I am not familiar with the General, and so cannot offer an assessment of probability. The hit on Trump’s prestige, however, would be immense, as his prestige does have some dependency on dominating others, even if only fourth-raters like AG Bondi, staffer Miller, etc, and a mutiny would be a failure of that dominance. While dying in a mutiny may have some appeal to Hollywood Trump, President Trump would realize that the termination of his time in office via arrest or violent death would do more damage to his reputation, which may be his most highly valued attribute.
Based on the above, using the Insurrection Act may not be an attractive option, although as a threat it’s useful, right up until it’s shown to be an empty threat. The President may have tromped down a path with a lose-lose terminator, but we shall see.
While he waits to see if Minnesotans can be frightened into obedience – seems unlikely – Trump’s once again trying to use the Department of Justice to personally threaten Mayor Frey of Minneapolis and Governor Walz (D-MN), who was candidate for Vice President in the 2024 Presidential Election.
1 “The Web’s first blog devoted to appellate litigation.” It’s devoted to links to articles on appellate litigation.
2 In case you have not yet encountered the phrase Mendacity Machine, it’s a reference to the man who can’t open his mouth without spewing a lie, President Trump.

