TV Legal Analyst Begins Sanewashing Trump Declaring Martial Law - Above the Law
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TV Legal Analyst Begins Sanewashing Trump Declaring Martial Law - Above the Law
"That law dictates - as amended - "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both." Trump v. United States has, probably, rendered this law constitutionally unenforceable."
"But Trump v. United States aside, the executive branch isn't entirely without legal recourse. The Insurrection Act of 1807 provides an exception to this restriction, allowing the president the power to call upon the military under defined, limited circumstances. It's an incredibly rare and radical executive action that is not tripped by an inflatable frog costume twerking outside an ICE facility."
The Posse Comitatus Act of 1878 prohibits using federal military forces to execute domestic laws except when authorized by the Constitution or Congress. A recent Supreme Court decision likely weakened the Act's enforceability by shielding a president from criminal liability for willful misuse of military force. The Insurrection Act of 1807 remains a statutory exception, authorizing presidential deployment of the military in defined, limited circumstances. That authority is rare and radical and would not be triggered by minor incidents. Donald Trump has signaled he is very "close" to invoking the Insurrection Act, raising concerns about constitutionality and the normalization of military occupation of U.S. cities.
Read at Above the Law
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