Posted on 12/13/2020 9:32:42 AM PST by White Lives Matter
Executive orders are not law. Executive orders do not supersede the Constitution.
And...will we be hearing about “tomorrow “ every day until Jan 20th?.
The delusion is getting pretty thick around here.
The delusion is getting pretty thick around here.
Then leave.
Fantasy.
So any President May issue an EO that acts as law, and allows himself the power to declare martial law.
Read that sentence aloud.
Then explain to me how that doesn’t sound like some Central European dictatorship double talk.
Trump could declare what he wants, but don’t be shocked when everyone leaves him standing there when he barks his orders.
Re: 44 - Agreed.
Martial law of any degree related to the 2020 election is not going to be invoked. No matter how much some on FR want that to happen.
But he could utilize 10 USC § 253, Interference with State and Federal Law, which is part of the Insurrection Act and 10 USC § 252, Use of Militia and Armed Forces to Enforce Federal Authority.
The authority is vested solely in the President. He does not need the invitation of state governors to intervene, nor does he need the approval of the Supreme Court. Older provisions of the Insurrection Act required either a governor or a judicial proceeding to authorize its use, but these limits were purposefully removed by Congress in § 253.
There is no time limit on the President’s activities. Older versions of the Insurrection Act limited the use of force to brief periods of time and then required legislative approval. Those limits, too, are also gone. The President is allowed to use any means that he (and again, he needs no one else) considers necessary. This includes using the armed forces (which enables him to bypass the Posse Comitatus Act) and using the militia which is detailed in 10 USC § 252 " Use of Militia and Armed Forces to Enforce Federal Authority."
The President’s ability to use force isn’t restricted to actual rebellion or insurgency. He can act against merely unlawful combinations and conspiracies. To be clear: If the President decides that a conspiracy has deprived people of a right and believes that authorities fail or refuse to protect the right, he can send in the troops.
In blunt terms, Congress has given the power to President Trump to proclaim:
“I, President Trump, have determined that a conspiracy has deprived 70 million Americans of their right to vote and that the other authorities are refusing to protect this right. I therefore order the suppression of this conspiracy by any means necessary.”
And to your other comment about the date, there are still methods within the constitution about counting the electors and certifying them that may help Trump before the January 20th date. I'm not even sure the Jan. 20th date is hard and fast. At least one president in our history wasn't determined and sworn in until March.
So genius, what does the constitution say to do when votes have been altered by foreign and domestic enemies?
And then what?
The President does not have the power to reverse the decision of the Electoral College or order a new election, etc.
And January 20 is a set date - it's not going to change not can the President change it. Sections 3 / 4/ 5 of the Amendment allow for addressing the situation of the president-elect, etc dying before taking office, etc.
What they are already doing - use the courts. It just gets telling that when the SCOTUS declines to take the case, that people say they are all Deep Staters.
I don't believe President Trump has been well served by some of the legal decisions and strategies made on his behalf. Time will tell.
That report from the DNI is due Friday, Dec. 18th. (45 days after the election)....
within 45 days.....could be tomorrow!
You would agree that it is an act of war -- well, they BOTH are, one happens to be more violent, the other more of a sneak attack that will also cause massive damage.
For a sneak attack act of war, everyone accepts our president delivering a vigorous military response, with no politics involved initially.
You just do not believe it was an intentional "bombing" of our electorial process, that's what it comes down to, you do not believe it, you have desided it is not. Or maybe you do not believe in the foreign involvement...although Dominion is Canadian, seems foreign right there, and the attackers as Johnny C would say, are "from the East" ...
So there may not be martial law, and I do not want that either, but "all enemies foreign and domestic" in those pesky oaths sounds like something must be done if there is evidence of the "bombing" of our election process by enemies.
The President and executive branch responding to an act of war (if that is what it is) is not extra-constitutional.
If the courts, legislatures and the DOJ are not going to stop this injustice, Trump can use the Insurrection Act, which has has been retitled for the 21st century as "The Enforcement of the Laws to Restore Public Order Act” and codified in four sections of the US Code:
10 USC § 251, Federal Aid for State Governments
10 USC § 252, Use of Militia and Armed Forces to Enforce Federal Authority
10 USC § 253, Interference with State and Federal Law
10 USC § 254, Proclamation to Disperse
Of the four provisions, the most recent and the most powerful is 10 USC § 253, which was written in 2006.
It reads in part ".... 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."....
The authority is vested solely in the President. He does not need the invitation of state governors to intervene, nor does he need the approval of the Supreme Court. Older provisions of the Insurrection Act required either a governor or a judicial proceeding to authorize its use, but these limits were purposefully removed by Congress in § 253.
There is no time limit on the President’s activities. Older versions of the Insurrection Act limited the use of force to brief periods of time and then required legislative approval. Those limits, too, are also gone. The President is allowed to use any means that he (and again, he needs no one else) considers necessary. This includes using the armed forces (which enables him to bypass the Posse Comitatus Act) and using the militia which is detailed in 10 USC § 252 " Use of Militia and Armed Forces to Enforce Federal Authority."
The President’s ability to use force isn’t restricted to actual rebellion or insurgency. He can act against merely unlawful combinations and conspiracies. To be clear: If the President decides that a conspiracy has deprived people of a right and believes that authorities fail or refuse to protect the right, he can send in the troops.
OK!!!! I’M UP AND READY!!!! I had my bottle of ENSUE AND RARING TO GO!!!!!!
That's fine. Unless there is some unforeseen development, he has until January 20 to take what measures he deems necessary.
Exactly. Maria didn't look convinced, either. Flynn is an American hero, but I've had my fill of this "Just you wait" stuff. I didn't expect it from him too.
Negativism.
Fair enough
National Emergency Executive order declared by President Trump in 2018 against Foreign interference in our election
Wonder if anyone among the “powers that be” has seen this video:
https://www.youtube.com/watch?v=UgeqGmvQXKs&feature=youtu.be
Potentially devastating.
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