COVID-19 bill does not nullify president’s use of Insurrection Act

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Chuck Callesto
stated on December 22, 2020 in a tweet:
“HIDDEN in the 5,893 page bill that @RealDonaldTrump is anticipated to VETO is a provision that says: "Nullifies the President's use of the Insurrection Act."


The COVID-19 relief bill passed both chambers of Congress, but President Donald Trump and many of his allies have criticized some of its provisions, including the amount of the direct payments to Americans.

One claim bouncing around social media Dec. 22 suggested that a hidden provision in the legislation would limit Trump’s powers.

"BREAKING REPORT: HIDDEN in the 5,893 page bill that @RealDonaldTrump is anticipated to VETO is a provision that says: "Nullifies the President's use of the Insurrection Act," tweeted Chuck Callesto, a 2018 unsuccessful congressional candidate in Gainesville, Fla.



Callesto’s tweet mixes up two separate pieces of legislation, both of which have drawn criticism from Trump. He included a screenshot of a House amendment to the National Defense Authorization Act that was related to the Insurrection Act. But the defense bill is a separate, shorter piece of legislation from the nearly 6,000-page bill that includes COVID-19 relief aid and other appropriations. Trump vetoed the defense bill on Dec. 23, setting up possible votes to override; it’s unclear if he will veto the bill that includes COVID-19 relief.

Callesto’s tweet drew tens of thousands of likes and retweets by the next morning — and caught the eye of fact-checkers. After we emailed Callesto to ask about his statement, his tweet was no longer visible.

Callesto’s claim is wrong — the phrase "Insurrection Act" isn’t in the bill that includes COVID-19 relief and appropriations.

Escobar’s amendment about the Insurrection Act

The language about the Insurrection Act is related to another legislative battle.

During the summer protests following the death in police custody of George Floyd, Trump threatened to use federal force in states to quell demonstrations.

In general, the U.S. military cannot be used on American soil. But the Insurrection Act, signed by President Thomas Jefferson in 1807, allows state governments to seek assistance from the federal government to put down insurrections. It also allows, in limited circumstances, the U.S. military to be deployed domestically without the consent of the state.

On June 4, Sen. Richard Blumenthal, D-Conn., introduced a bill to amend the Insurrection Act to restrict the president’s authority to use troops for domestic law enforcement. Blumenthal’s legislation called for the president to consult with Congress before using the Insurrection Act. His bill never got a vote in the GOP-led Senate.

But in the House, a similar effort did advance. U.S. Rep. Veronica Escobar, D-Texas, authored an amendment to the National Defense Authorization Act that called for amending the Insurrection Act to require certifications be made to Congress if the president deploys active duty military in the U.S. during civil unrest.

On July 20, the House passed Escobar’s amendment 215-190 largely along party lines, with Democrats in support. During the mark up of the bill by the Senate Armed Services Committee, Blumenthal fought to include his provision but that failed on a party-line vote. When the two chambers worked out their differences, Escobar’s amendment wasn’t ultimately included in the final version.

The House approved the conference report Dec. 8,and the Senate approved it Dec. 11. Trump vetoed it on Dec 23, calling it a "gift to China and Russia."

Callesto tweeted "HIDDEN in the 5,893 page bill that @RealDonaldTrump is anticipated to VETO is a provision that says: "Nullifies the President's use of the Insurrection Act."

The nearly 6,000-page bill that includes COVID-19 relief doesn’t mention the Insurrection Act.

The House approved an amendment to a different piece of legislation, the National Defense Authorization Act, that attempted to rein in a president’s use of the Insurrection Act. But that language didn’t make it into the final version of the bill, which Trump vetoed.

We rate this claim False.