Here’s my understanding, though I could have missed something while trying to navigate the law. In order for Trump to be able to pull this with the national guard, he needs the consent and authorization of the Governor. He would never get this from blue states, so I imagine the goal is to have red states hand him free power, then target the blue areas within that state. Once we’ve normalized it a bit, it’s easier to force it on the remaining states.
Yeah, it’s tough to navigate if, like me, you’re not a lawyer. I’ve been doing a bit of reading on this today and I don’t think he’ll need the governor’s permission. If he can cause enough chaos and violence to justify invoking the insurrection act. That act says, in part:
§333. Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
This is really terrifying. First, because the law does not clearly define what conditions must exist for the law to be invokes. “Insurrection, domestic violence, unlawful combination, or conspiracy” - Could this be more vague? And second because of the phrase, “or by any other means.” He can use literally any other means he chooses. Remember when he told the proud boys to stand back and stand by? Well by invoking this act he could directly arm them and order them to go into a state or city to quell whatever he has decided is an insurrection.
And if your wondering whether or not he would invoke this act? Remember that back in January of this year he issued an Executive Order that included this tidbit.
Within 90 days of the date of this proclamation, the Secretary of Defense and the Secretary of Homeland Security shall submit a joint report to the President about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807. [Emphasis mine]
So he’s already tried to find an excuse to invoke it. Now he’s trying to manufacture an excuse.
Here’s my understanding, though I could have missed something while trying to navigate the law. In order for Trump to be able to pull this with the national guard, he needs the consent and authorization of the Governor. He would never get this from blue states, so I imagine the goal is to have red states hand him free power, then target the blue areas within that state. Once we’ve normalized it a bit, it’s easier to force it on the remaining states.
Yeah, it’s tough to navigate if, like me, you’re not a lawyer. I’ve been doing a bit of reading on this today and I don’t think he’ll need the governor’s permission. If he can cause enough chaos and violence to justify invoking the insurrection act. That act says, in part:
This is really terrifying. First, because the law does not clearly define what conditions must exist for the law to be invokes. “Insurrection, domestic violence, unlawful combination, or conspiracy” - Could this be more vague? And second because of the phrase, “or by any other means.” He can use literally any other means he chooses. Remember when he told the proud boys to stand back and stand by? Well by invoking this act he could directly arm them and order them to go into a state or city to quell whatever he has decided is an insurrection.
And if your wondering whether or not he would invoke this act? Remember that back in January of this year he issued an Executive Order that included this tidbit.
So he’s already tried to find an excuse to invoke it. Now he’s trying to manufacture an excuse.
Yep, you’ve landed right where I did by trying to learn the legal loopholes. We’re in for a wild ride no matter what.