Can the Military Use Force Against Protesters?

So right now by your legal determination

is any city in America in active

insurrection? Yes or no?

>> Senator, uh the president has not

declared that any insurrection is

>> Would you support the president in the

last administration asked then Secretary

Esper to send in the 82nd Airborne, the

same unit into uh the Washington DC to

try and quell peaceful protests here in

the city? And he said if necessary,

can't you just quote shoot at their

legs? Do you support the 82nd Airborne

active duty military troops being sent

into American cities today?

>> Senator, um it's my understanding the

Department of Justice has looked at this

issue going back to the 1970s when the

Pentagon was under duress uh as well as

Washington DC and it was the opinion

then that the president would have the

authority to use federal troops to

protect federal functions and property

in a manner

>> federal property. We get we get that's

I'm not dis disputing that. Would you

approve as a lawyer for the army? Would

you approve the 82nd Airborne an army

unit shooting at the legs of unarmed

protesters or would you push back

against the commander-in-chief against

that order?

>> Senator, I would say that the rules, the

current rules for the use of force that

uh US Northcom allows for uh service

members.

>> I mean, you said you were going to speak

truth to power. You literally just

answered Secret Sen Senator Kelly and

said you would speak truth to power. If

the president of the United States asked

you to quote shoot at the legs of

unarmed protesters, yes or no, would you

speak truth to power and say something

in push back to the president?

>> I would certainly make sure that the

president's directives would comply with

Constitution and law.

>> Okay. Uh I yield back.