Profile picture
, 3 tweets, 1 min read
My Authors
Read all threads
The United States of America has no legal authority to designate *any* domestic entities as “terrorist organizations.”
The process for designating terrorist organizations involves *foreign* terrorist organizations:

law.cornell.edu/uscode/text/8/…
And although some may claim that domestic designation authority comes from section 802 of the 2001 USA PATRIOT Act, that statute creates a *definition* of “domestic terrorism,” but no process for designating domestic organizations or imparting consequences to such a designation.
Missing some Tweet in this thread? You can try to force a refresh.

Keep Current with Steve Vladeck

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

More from @steve_vladeck see all

Profile picture
Steve Vladeck
@steve_vladeck
On Saturday, I did a #thread on the President's power to use the military for domestic law enforcement—incl. the relationship b/w the Insurrection Act and the Posse Comitatus Act:



In 2006, Congress tried to update the IA. Here's a #thread on how it went:
1. As I've noted before, the IA is the name for a series of old statutes enacted between 1792–1871. The language that emerged over this process is remarkably vague and open-ended, and leaves the critical factual determinations entirely to the President:

uscode.house.gov/view.xhtml?pat…
2. More to the point, other than when Title 10 was codified in 1956, the language of the IA hadn't been updated or otherwise amended *since* 1871. After Hurricane Katrina, Congress changed that—rewriting the statute to be much clearer about when it could be used, and for what:
Read 8 tweets
Profile picture
Steve Vladeck
@steve_vladeck
There's a fair amount of disinformation and misinformation going around about the federal government's legal authority to use troops to help respond to the unrest in Minneapolis.

Here's a short #thread with answers (and citations to authority) for the five big questions:
1. "Isn't the military already on the ground"?

A: Yes, the MN National Guard has been deployed by Gov. Walz. But the Guard wears (at least) two hats. Right now, it's wearing its "state" hat, subject to the control solely of the Governor, which is uncontroversial.
2. "Doesn't the Posse Comitatus Act bar use of federal troops for domestic law enforcement?"

A: No. The PCA only bars such use of the military *without* statutory authorization.

law.cornell.edu/uscode/text/18…

Several statutes *authorize* such use of the military for law enforcement.
Read 12 tweets
Profile picture
Steve Vladeck
@steve_vladeck
In a new post, @JonathanTurley singles out two of my tweets as proof of the "unhinged interpretations" of the Constitution and federal law that have become common among the President's critics. Unfortunately, he mischaracterizes what I said along the way. A short #thread on how:
Turley's first objection is to the third point in this tweet. He claims I wrote that the suggestion in Trump's tweet *itself* is unconstitutional—even though all I said was that Trump had "threaten[ed] *action* that would itself be unconstitutional."

That's a pretty big distinction. Withholding federal funds in retaliation for a specific electoral practice *would,* in my view, be unconstitutional. That hasn't happened yet—hence my focus on action that *would* be unconstitutional. But that nuance seems to be lost on Turley.
Read 5 tweets

Embed code for your website

×
Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!