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The Washington Post is reporting that President Trump indicated that he might take direct control of the D.C. Metropolitan Police Department to quell the riots. This appears a reference to Section 1-207.40. Unlike the Insurrection Act, this provision is ...
...written in mandatory terms and no qualifications. The law gives the President the discretion ("may direct") and gives the Mayor a mandatory obligation ("shall provide") the services specified by the President. In other words, he could take effective control in tasking ...
...the D.C. police with deployment or enforcement roles. "Emergency" is left ambiguous under the law but few courts would question that rioting qualifies. In other words, this could be used by the President in any dispute over his plan to "dominate the streets."
Notably, Gov. Cuomo just raised his own authority to take over the streets in New York City after criticizing the performance of Mayor de Blasio and the NYPD. In the case of Washington, it remains a federal enclave and even more subject to such authority.
foxnews.com/us/cuomo-de-bl…
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Jonathan Turley
@JonathanTurley
Rosenstein just testified that he would not have signed the warrant application in 2017 on Carter Page because of the misconduct of FBI agents and the lack of evidence. He said he did not know that the Steele dossier was discredited by that time. He said McCabe particularly...
..."was not candid ... or forthcoming." Notably, we now know that the Flynn investigation found no criminal acts by December 2016 and now Rosenstein said he would have ended the investigation of Page which was the focus of the early justifications of the Russian investigation.
Rosenstein just said he did not know that investigators by the early January 2017 asked for Flynn to be removed from the Crossfire Hurricane investigation. He signed off on these warrants and applications but was never informed of those critical facts.
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Jonathan Turley
@JonathanTurley
The problem is that the most obvious culprits were all-too-well-known to many politicians and the media. A movement of self-described anti-fascist, anarchist and extreme-left groups has been building for years...thehill.com/opinion/civil-…
Some politicians like Keith Ellison clearly sought in prior years to tap into the “anti-fascist movement.” This is why, during the French Revolution, the journalist Jacques Mallet du Pan warned, “Like Saturn, the Revolution devours its children.” thehill.com/opinion/civil-…
As discussed in today's column, police continue to report a large number of arrested anarchists and Antifa members, including many with weapons, scouts, and plans for rioting. These are not Russians shedding their Usanka hats for signature Antifa ski masks nbcnews.com/politics/justi…
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Jonathan Turley
@JonathanTurley
The defense case against the two attorneys accused of throwing the Molotov cocktail just got even worse with an allegation that they were trying to distribute the bottles to others. jonathanturley.org/2020/06/01/two…
The distribution allegation reflects premeditation and planning to unleash multiple fire bombings. The FBI is likely looking at the van ownership and anyone who rendered material support. The case is framed perfectly as a test case for new policy such crimes as domestic terrorism
...The Administration does not have to designate Antifa or other organizations as terrorist organizations to treat cases as terrorism prosecutions. I expect this case is likely to be used by the Justice Department to frame the prosecutions as terror cases under 18 U.S.C. 2331.
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