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Dershowitz: Does President Trump have power to declare martial law?
The Hill ^ | Jun 3, 2020 | ALAN DERSHOWITZ

Posted on 06/03/2020 3:55:40 PM PDT by SJackson

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To: 2aProtectsTheRest
Lincoln’s order was declared unconstitutional: Ex parte Milligan, 71 U.S. 2 (1866).

They ruled, after the shooting stopped.

I was thinking about that. In a true emergency, you do what you have to do, and then let the lawyers sort it out after the shooting stops.

21 posted on 06/03/2020 4:33:50 PM PDT by marron
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To: 2aProtectsTheRest
Lincoln’s order was declared unconstitutional: Ex parte Milligan, 71 U.S. 2 (1866)

Actually that was Ex Parte Merryman in 1861, but that was handed down from the Circuit Court bench. The whole Supreme Court never took the question of who can suspend habeas corpus up. Ex Parte Milligan dealt with military tribunals.

22 posted on 06/03/2020 4:34:18 PM PDT by DoodleDawg
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To: SJackson

Trump doesn’t have to declare martial law. But he can federalize the Guard and deploy them, if the street fighting gets bad enough.

What I would really rather see, though, is a roundup of antifa. Surely by now they’ve had them infiltrated long enough to know who is who and who funds who. That would go a long way to quieting things down. RICO.


23 posted on 06/03/2020 4:35:42 PM PDT by marron
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To: DoodleDawg
Actually that was Ex Parte Merryman in 1861, but that was handed down from the Circuit Court bench. The whole Supreme Court never took the question of who can suspend habeas corpus up. Ex Parte Milligan dealt with military tribunals.

OK, now I'm going to have to do some reading. Thanks... :)

24 posted on 06/03/2020 4:36:46 PM PDT by marron
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To: 2aProtectsTheRest
Uh huh. After the War was over and he was dead.

My ass, Bob .

25 posted on 06/03/2020 4:46:52 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: Jonty30

> I think martial law is the privilege of Congress. The President is not a king, but somebody who signs laws passed by Congress. <

It might not work that way, but I wish it did.


26 posted on 06/03/2020 4:53:23 PM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: grey_whiskers

Indeed.

A courts ‘last word’ can take a very long time to occur. If ever.

We are all still waiting for the first perp walk from the coup.


27 posted on 06/03/2020 5:01:59 PM PDT by Pikachu_Dad ("the media are selling you a line of soap)
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To: Dr. Sivana

I used to know two Treasury agents who worked that area in the 50s. They had some good war stories.

The same group who ran Phenix City also battled Buford Pusser.


28 posted on 06/03/2020 5:14:18 PM PDT by yarddog ( For I am persuaded.)
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To: SJackson

This martial law stuff strikes me as a head fake. It would tie up too much time and energy with constitutional issues to fight for martial law.

My 2 cents? Trump has already used executive power (secretly?) to allow for military hunting of insurgents like Antifa. Money, people, connections, all being reeled in. Airtight case.

I’ll further posit that, whether they’re prosecuted or not, he will show ties to leftist politicians in the US and abroad.


29 posted on 06/03/2020 5:18:47 PM PDT by IncPen ("Inside of every progressive is a Totalitarian screaming to get out" ~ David Horowitz)
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To: Morpheus2009

You forgot Herbert Hoover.

Remember the pension protests? That was a legit protest and it got real ugly. Treated WW 1 vets real good...
As black mark on the history this nation of the treatment of veterans who fought in WW 1.

And guess which general disobeyed orders from Hoover.

And guess which general’s’ were in the thick of it with the commanding general.


30 posted on 06/03/2020 5:21:49 PM PDT by crz
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To: 2aProtectsTheRest

It’s not working in the blue states


31 posted on 06/03/2020 5:23:34 PM PDT by vigilante2 (Make liberals cry again)
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To: SJackson

Mr. Dershowitz, I remind you of Ft. Sumter (see below). On April 12, 1861 they proved that they didn’t give a damn what the US Supreme Court said. With half our citizens looting, robbing and killing, or condoning those that do, it can happen again.

Fort Sumter is a island fortification in Charleston, South Carolina. The fort was where the American Civil War began. On April 12, 1861, Confederate artillery opened fire on the fort. The Union garrison, under the command of Major Robert Anderson, surrendered the fort 34 hours later.


32 posted on 06/03/2020 5:36:50 PM PDT by Cen-Tejas
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To: SJackson

Not to be flippant, but it seems to me what is legal in this country is basically determined by what is politically feasible. In other words if a mayor or governor or apresident can get away with it, it is legal by default


33 posted on 06/03/2020 5:38:43 PM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: SJackson

Bookmark


34 posted on 06/03/2020 5:50:03 PM PDT by Chgogal (Wuhan Virus, Chinese Virus, Kung Fu Virus - Wuhan Chinese Kung Fu Virus aka CCP virus.)
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To: IncPen

Good post! Trump also has an eye on the Nov 3 elections. His blustery statements are to draw out stupid, pissy Dem Governors and mayors to provide American voters with a greater contrasted choice in November.

Summary: Trump trolling Democrat dopes to enhance his re-election chances.
Tuesday, November 3, 2020


35 posted on 06/03/2020 5:59:20 PM PDT by dennisw
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To: butlerweave

Some of the National Guard are kneeling now

/
/

THe need to be dismissed ASAP. Remember many military and police forces are minority now. You will not have a friend in these organizations if it all goes down.


36 posted on 06/03/2020 6:12:24 PM PDT by snarkytart
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To: SJackson
or other emergency measures that curtail fundamental rights are deemed necessary

You mean like the ones we have been living with for 2+ months now?

37 posted on 06/03/2020 6:41:57 PM PDT by The Accused
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To: DoodleDawg
Lincoln was fighting a rebellion, Trump is not.

Dunno about where you live, but where I live they’re literally boarding up Main Street in my town as towns on either side are looted and in flames

This is not ‘hooligans’. It’s organized terror.

38 posted on 06/03/2020 8:23:58 PM PDT by IncPen ("Inside of every progressive is a Totalitarian screaming to get out" ~ David Horowitz)
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To: Jonty30

And when Congress openly abdicates its duty to govern...?


39 posted on 06/03/2020 10:17:20 PM PDT by M1903A1 ("We shed all that is good and virtuous for that which is shoddy and sleazy...and call it progress")
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To: DoodleDawg
Are you sure Trump is not fighting a “rebellion”?

http://www.freerepublic.com/focus/f-news/3851708/posts

https://www.justice.gov/opa/pr/attorney-general-william-p-barrs-statement-riots-and-domestic-terrorism

40 posted on 06/03/2020 10:25:52 PM PDT by Chgogal (Wuhan Virus, Chinese Virus, Kung Fu Virus - Wuhan Chinese Kung Fu Virus aka CCP virus.)
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