1/ Trump seems to be doing everything he possibly can today to be sure that he will seem to have no choice but to invoke the Insurrection Act to deploy the military into American cities.
I don't have to tell you how bad this is. But I do have to tell you how it came to be legal
I don't have to tell you how bad this is. But I do have to tell you how it came to be legal
2/ Necessary disclaimer: this is a bit out of my lane, but I did a lot of research on the lawful use of the military on U.S. soil for this @newrepublic piece on Trump's probably-illegal use of National Guard to enforce immigration law at the border
newrepublic.com/article/153760…
newrepublic.com/article/153760…
3/ The Insurrection Act of 1806 was originally designed to be used as little as possible, and carefully circumscribed federal (and especially executive) authority. It had to, as the principle of "posse comitatus" is supposed to keep the military out of domestic law enforcement
*1807! (I'm typing quickly here and will try to correct any mistakes as soon as I can)
4/ Given that it overrides posse comitatus & allows for something most Americans would consider to be unthinkable--the occupation of American states by federal troops--the drafters of the Insurrection Act wanted to be sure that it was as carefully limited as possible. So it was.
5/ The Act allows governors to *request* that the President send federal military assistance by invoking it, as CA Gov Pete Wilson did in 1992 in response to the Rodney King riots in LA.
That is the last time it was used.
That is the last time it was used.
6/ As I hope we all know, G.W. Bush's response to Hurricane Katrina was a complete disaster; he was desperate to send federal troops to New Orleans to handle it. But the Insurrection Act wouldn't allow that w/o a request from the governor
His dilemma almost seems quaint now:
His dilemma almost seems quaint now:
Thread broke a bit and continues here:
7/ Bush's DOJ eventually decided that it was *probably* actually legal for him to send troops without a request, but to avoid any further political trouble they were not given law enforcement powers. Given how local law enforcement conducted itself, this was probably just as well
8/ Harried by images of unruly non-white people rightfully furious with their government in Louisiana, Bush lobbied Congress to expand the Insurrection Act.
As @SenatorLeahy warned at the time, this change would allow the Act to be invoked "well short of insurrection"
As @SenatorLeahy warned at the time, this change would allow the Act to be invoked "well short of insurrection"
9/ The ensuing amendments were very bad, so bad that Congress didn't bother hiding it. Just right there in the name!
They gave the President direct authority over the Natl Guard in some cases & broadly expanded the justifications for invoking the Act just as Leahy had warned
They gave the President direct authority over the Natl Guard in some cases & broadly expanded the justifications for invoking the Act just as Leahy had warned
10/ The amendments were so bad that every sitting governor in the United States were opposed to them. Do you know how bad a federal law has to be for that kind of unity?
Incredibly, Congress rolled back the worst parts the next year immediately after Dems took over in 2008
Incredibly, Congress rolled back the worst parts the next year immediately after Dems took over in 2008
11/ I would be far more concerned about what Trump might do at this point if @SenatorLeahy and others hadn't committed to that repeal effort. The Bush amendments were incredibly broad, and even included both an "epidemic" and "other conditions" as acceptable justifications
12/ But that doesn't mean we're safe here by any means. Trump still has a couple of powerful Insurrection Act cards to play.
And I don't use this word very often, but there is a strong irony here: they were created to help Eisenhower forcibly desegregate Southern schools.
And I don't use this word very often, but there is a strong irony here: they were created to help Eisenhower forcibly desegregate Southern schools.
13/ Even with the 2008 rollback, we're left with this section allowing the President to call in federal troops to enforce federal law whenever civil unrest can't be quelled by judicial order or anything else. This made sense in Little Rock in 1957. Not so much in Minneapolis rn.
14/ Again, this could have been a lot worse if the Bush post-Katrina amendments hadn't been repealed but I'm not sure it really matters how the troops get there if there is any cognizable legal basis for what Trump wants and nothing to immediately stop him.
There is. We can't.
There is. We can't.
15/ On the other side of this fashy shit sandwich, we have the Attorney General itching to enforce the President's baffling proclamation that "ANTIFA" will be designated a terror group. While legally meaningless for at least 3 reasons, it's really the thought that counts here
16/ Smarter people than me have already explained how stupid this "terrorist" designation is, and I hope that anyone reading this already knows that "ANTIFA" isn't actually an "organization" (let alone "terrorists") in any real way anyway. But none of that is the actual point.
17/ At the point at which the AG has mobilized the entire Joint Terrorism Task Force along w/FBI to crack down on perceived "radical leftists," the actual identities & causes of their targets no longer matter. It's open season. (And yes, I know we were mostly there anyway)
18/ I'd love to be able to end all of this with some good news, but I can't actually do that so instead here's a picture of my cats. They love each other very much.
