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Why Trump Doesn’t Just 'Send In the Troops
Townhall.com ^ | 09/03/20 | Kurt Schlichter

Posted on 09/03/2020 7:44:14 AM PDT by ctpsb

"There are a lot of solid conservatives frustrated and appalled by the Biden Riots, and a lot of those folks wonder why Donald Trump doesn’t just make it all stop – you know, sort of like Grandpa Badfinger implicitly promises he will do if we restore the garbage liberal establishment, except with military force. “Call up the Guard,” right? But what folks do not understand are the practical problems with Trump using troops (sending federal law enforcement officers presents similar problems, but also a unique and big one – there just aren’t as many federal cops as there are soldiers)...."

(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: guard; military; portland; riots
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Very interesting article.
1 posted on 09/03/2020 7:44:14 AM PDT by ctpsb
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To: ctpsb

Pretty sure Kate Brown could muster some serious riot control resources if the “wrong” people were to begin rioting.


2 posted on 09/03/2020 7:51:06 AM PDT by gundog ( Hail to the Chief, bitches!)
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To: ctpsb

a. Trump does not need a Kent State moment
b. Trump is getting good swing votes for needed law and order


3 posted on 09/03/2020 7:54:56 AM PDT by jonose (however the)
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To: ctpsb

Trump is allowing the Democrats to have enough rope to hang themselves, but in places like Portland it’s still not nearly enough.


4 posted on 09/03/2020 7:55:29 AM PDT by libertylover (Election 2020: Make America Great Again or Burn it to the Ground. Choose one.)
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To: ctpsb

Great article.
It explains, in detail, how the hands of the NG are tied in Blue Cities (aka “nonpermissive environments”).
They can’t enforce state and local law because the cops and DA won’t cooperate. They can’t shoot them or stick them in camps.
Really, the only option is to remove the State and Local governments, but there is no legal way to do that.


5 posted on 09/03/2020 8:00:20 AM PDT by Little Ray (Freedom Before Security! (Ironic, huh?))
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bump


6 posted on 09/03/2020 8:02:06 AM PDT by foreverfree
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To: ctpsb

It requires the declaration of a national emergency, and the implementation of the Insurrection/Patriot Acts simultaneously and we are getting the evidence which could provide the conditions which could make this happen.


7 posted on 09/03/2020 8:05:57 AM PDT by DarthVader (Not by speeches & majority decisions will the great issues of the day be decided but by Blood & Iron)
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To: Little Ray

Then what is the answer?

The way things are going, pretty soon it’s going to be a decision between (1) Stand up and (2) Bend over. When that happens, I think it may very well be “legal ge damned”.

Personal opinion only.


8 posted on 09/03/2020 8:07:57 AM PDT by AFB-XYZ
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To: AFB-XYZ

Damnit. “Legal BE damned”, not “Legal GE damned”.


9 posted on 09/03/2020 8:08:48 AM PDT by AFB-XYZ
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To: Little Ray

The Pres is CIC of the NG since 1986. It was the Gov before. Trump can order them in. The problem is the liberal mayors. Troops need support.


10 posted on 09/03/2020 8:15:01 AM PDT by Lumper20 (Our Congress must be stripped of FERS and their AFGE union insurance)
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To: Little Ray

In that case, it is understandable that some people may think the riots will stop if Biden is elected and he calls them off. If Trump’s hands are tied, he is in effect powerless.


11 posted on 09/03/2020 8:16:03 AM PDT by Sans-Culotte (Does the left like anything about America?)
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To: AFB-XYZ

The answer is “vote the bastards out” and, if the idiot constituencies don’t do that, “Let it burn.” The residents of those cities and states voted themselves into this situation; it is up to them to get out again.

Other options include that fact that those assholes (BLM and Antifa) are moving across state lines to riot - which makes them legal game for the Feds. But they’re just cannon fodder, we need the real leaders and financiers.

In a sane world, security and intelligence agencies would be identifying these leaders and taking steps to remove them and destroy their infrastructure. But we don’t live in a sane world. We live in a swamp.


12 posted on 09/03/2020 8:21:42 AM PDT by Little Ray (Freedom Before Security! (Ironic, huh?))
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To: Sans-Culotte

Sane people know that, if Biden is elected President, then the people responsible for the riots will have a free hand. Things will get worse because the rioters will not just be protected from retaliation, but they will have the force of the government behind them.

But sanity is getting less and less common these days.


13 posted on 09/03/2020 8:25:52 AM PDT by Little Ray (Freedom Before Security! (Ironic, huh?))
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To: Little Ray

Good points. Thanks.


14 posted on 09/03/2020 8:44:09 AM PDT by AFB-XYZ
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To: ctpsb

The answer is pretty straightforward and ignored by Kurt, who should know better. Both the Constitution, Art. IV, s. 4, and the first section of the Insurrection Act, 10 USC 251, only allow for the use of federal forces to suppress a domestic insurrection on application of the state legislature or, if the legislature cannot be convened, the governor. The state legislatures and governors are pointedly withholding their consent.

The Insurrection Act contains two exceptions where federal forces can be used, or state militia can be called into federal service, without the state’s consent. But these exceptions are constitutionally questionable and neither of them apply:

Section 252 allows the use of federal troops or federalized militia when “the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings.” Even in the extreme case of Portland, the federal courts are still functioning, so this section doesn’t apply.

Section 253 allows it if the state itself “(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.” No states are doing this.

So the answer is not practical, it is legal. The President is not “sending in the troops” because it would violate the constitution and federal law for him to do so. Unlike our prior President, unlike the caricature of this President presented by Democrat propagandists, and contrary to some of his occasional, unfortunate rhetoric, President Trump actually obeys the law and the Constitution.


15 posted on 09/03/2020 8:45:22 AM PDT by The Pack Knight
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To: ctpsb

Everyone is making very good points on here.


16 posted on 09/03/2020 8:55:37 AM PDT by ctpsb
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To: ctpsb

Yep. I’m going to save it.


17 posted on 09/03/2020 8:59:00 AM PDT by sauropod (I will not comply.)
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To: Little Ray

“In a sane world, security and intelligence agencies would be identifying these leaders and taking steps to remove them and destroy their infrastructure.”

Sorry, all the FBI undercover agents are too busy embedded in those extremely dangerous Tea Party groups to investigate Antifa and BLM.


18 posted on 09/03/2020 9:10:31 AM PDT by Boogieman
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To: Boogieman

On the bright side, they probably enjoy spying on the Tea Party - no danger and good neighbors.


19 posted on 09/03/2020 9:26:03 AM PDT by Little Ray (Freedom Before Security! (Ironic, huh?))
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To: ctpsb

The left doesn’t care about dead bodies.

They get their vote either way.


20 posted on 09/03/2020 9:51:21 AM PDT by chrisser
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