https://www.governmentattic.org/18docs/NRCupdtPEADS_2004.pdf

Trump Has Emergency Powers We Aren’t Allowed to Know About

When President Trump declared emergencies on March 13 under both the Stafford Act and the National Emergencies Act, he boasted, “I have the right to do a lot of things that people don’t even know about.”

set forth in classified documents known as “presidential emergency action documents.”

assert broad presidential authority in a range of worst-case scenarios

designed “to implement extraordinary presidential authority in response to extraordinary situations.”

include suspension of habeas corpus by the president

detention of United States citizens who are suspected of being “subversives,”

warrantless searches and seizures and the imposition of martial law

these actions would be legal in the aftermath of a devastating nuclear attack based on the president’s constitutional powers to preserve the national security.”

The Department of Justice reviews the proposed changes for legal soundness, the Federal Emergency Management Agency plays a coordinating role and the National Security Council provides policy direction and final approval.

Under 10 U.S.C. § 12406, the President may call the National Guard into federal service whenever one of the following three circumstances exist:

(1) the United States, or any of the Territories, Commonwealths, or possessions, is invaded or is in danger of invasion by a foreign nation;

(2) there is a rebellion or danger of rebellion against the authority of the Government of the United States; or

(3) the President is unable with the regular forces to execute the laws of the United States.