Question is the Insurrection Act already being used?
the conditions needed to invoke it have existed for how long
I wouldnt think Invoke means POTUS has to come on tee vee and announce it.
Comments?
Question is the Insurrection Act already being used?
the conditions needed to invoke it have existed for how long
I wouldnt think Invoke means POTUS has to come on tee vee and announce it.
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In July Trump did an interview on Judge Jeanine and she asked him about invoking the Insurrection Act due to Auntiefaz/BLM rioting. Trump responded that he could constitutionally, but didn’t want to invoke it just for a couple hundred Auntiefaz. And said something maybe in future, hinted at future use, I can’t remember exact wording. I can find the interview as I have the link someplace.
I doubt he’d have to announce on TV, but it would seem that there would be some kind of legality about announcing somehow. I can look, depending on how obsessed I am today.
Guess I’m pretty obssesd. Here’s what I can find quickly. I won’t put dates, the first one quotes some perfesser feller, but I need more authoritative sources so I’ll see what pops up. I had to check out about 12 or more articles; most just discuss the niceties of invoking it or history.
Steve Vladek, a professor at the University of Texas, wrote in a string of tweets late Monday that among the issues with the president’s consideration of such a drastic and historic step was that his casual threats left some confusion about his intentions.
“The Insurrection Act requires a formal proclamation in order to be invoked. Trump threatened to use it if state National Guards aren’t effective,” he wrote. “But vague threats and ambiguous speeches don’t cut it.”
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Hmm, this one is only referring to use of mil to disperse insurrections, but it does say POTUS has to issue a proclamation:
https://abcnews.go.com/Politics/insurrection-act-invoked/story?id=71020988
But first, a proclamation to disperse:
Prior to invoking the Insurrection Act, the president and the attorney general must first issue a “proclamation to disperse.”
If the situation is not cleared, the president may then issue an executive order to send in troops, according to a 2006 report by the Congressional Research Service.
Has Trump invoked it?
The White House has not issued a proclamation text, and President Trump didn’t use the words “Insurrection Act” in his Monday night statement.
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Okay, down to wikipedia:
https://en.wikipedia.org/wiki/Insurrection_Act_of_1807
Before invoking the powers under the Act, 10 U.S.C. § 254 requires the President to first publish a proclamation ordering the insurgents to disperse. As part of the Posse Comitatus Act of 1878, these provisions are now codified as amended.
There are Constitutional exceptions to Posse Comitatus restrictions rooted in the President’s own constitutional authority. Defense Department guidelines describe “homeland defense” as a “constitutional exception” to Posse Comitatus restriction, meaning that measures necessary to guarantee National Security from external threats are not subject to the same limitations.
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And, just to tie a bow on it, I will copy the entire Insurrection Act below. I have it on my desktop as I think we will be needing to know how it works sometime soon. There are different sections with different applications and circumnstances. Obviously the first section 331 with governors requesting help is not the part we’ll be seeing in action. I figure Sections 332 and 333 are the ones that will be used, section 334 if there is widespread rioting/violence.
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https://policy.defense.gov/portals/11/documents/hdasa/references/insurrection_act.pdf
Insurrection Act
10 U.S.C. §§ 331-335
Sec. 331.
Federal aid for State governments
Whenever there is an insurrections in any State against its government, the President
may, upon the request of its legislature or of its governor if the legislature cannot be
convened, call into Federal service such of the militia of the other States, in the number
requested by that State, and use such of the armed forces, as he considers necessary to
suppress the insurrection.
Sec. 332.
Use of militia and armed forces to enforce Federal authority
Whenever 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, he may call into Federal service such of the militia of any State, and use
such of the armed forces, as he considers necessary to enforce those laws or to suppress
the rebellion.
Sec. 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.
In any situation covered by clause (1), the State shall be considered to have denied the
equal protection of the laws secured by the Constitution.
Sec. 334.
Proclamation to disperse
Whenever the President considers it necessary to use the militia or the armed forces under
this chapter, he shall, by proclamation, immediately order the insurgents or those
obstructing the enforcement of the laws to disperse and retire peaceably to their abodes
within a limited time.
Sec. 335. Guam and Virgin Islands included as “State”
For purposes of this chapter, the term “State” includes Guam and the Virgin Islands.
Question is the Insurrection Act already being used?
the conditions needed to invoke it have existed for how long
I wouldnt think Invoke means POTUS has to come on tee vee and announce it.
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Never thought of that...He’s been working the courts
so hard.