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To: Dr. Franklin
No it's not martial law. The Insurrection Act allows the military to be used for law enforcement, but only if POTUS so chooses. The U.S. Marshals Service could be used to seize evidence, or the militia could be called forth to perform certain tasks. Calling this martial law is overly dramatic. POTUS might suspend habeas corpus, but the Constitution is not suspended. For example, the right to freedom of expression could be restored by this action, not suppressed.

So if Trump invokes the Insurrection Act on Monday and the Courts strike it down on Tuesday, then what?

167 posted on 01/10/2021 3:14:12 PM PST by DoodleDawg
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To: DoodleDawg
So if Trump invokes the Insurrection Act on Monday and the Courts strike it down on Tuesday, then what?

Ask me on Tuesday if that happens...The Dems may well run to Judge Sullivan in DC. Trump's SCOTUS appointees have all be strong proponents of executive power, so he should prevail there. If CJ Roberts is the first guy on the plane to Gitmo, then it won't matter.
178 posted on 01/10/2021 3:33:29 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: DoodleDawg
"So if Trump invokes the Insurrection Act on Monday and the Courts strike it down on Tuesday, then what?"

The courts have no enforcement capabilities.

258 posted on 01/11/2021 2:29:01 PM PST by A Navy Vet (I'm not Islamophobic - I'm Islamo nauseated. Also LGBTQxyz nauseated )
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