1. Was the unauthorized deployment of @UTNationalGuard to DC an act of war by the people of Utah against the citizens of DC? What could be the lawful justification for the deployment? Did @DCGuard1802 Maj Gen William Walker call for Utah to render aid?
2. Who authorized an armed deployment? Was it Gary R. Herbert @GovHerbert? The civilian authority in DC is still the lawful civilian authority. There has been no declaration of martial law. The Courts are still open. If the answer is the GOP or Trump campaign official directed
3. it then Governor Herbert is essentially a privateer. An outlaw. A pirate. DC can issue a warrant arrest him and his command in DC. Seize all their arms. The rash act of their Governor and Utah Guard command also exposes them to a charge seditious conspiracy in January 2021
4. But they also have no civil immunity. They are all subject to civil suits from the people in DC. I expect the member of the guard, governor and the local GOP to be sued by tens of thousands of DC residents who can use DC for venue.
5. By invading DC these Utah citizens have consented to jurisdiction. Going to be a lot money flowing from Utah to DC. As it should be from now and henceforth without end. @EsperDoD @WHNSC @TheJusticeDept @FBIWFO @DCPoliceDept @DoD_IG
6.The problem for Trump and his conspirators is that without some federal authority the deployment illegal under the seditious statute. But if they claiming federal authority it's a Posse Comitatus Act violation. They are going to prison. Even if pardoned, that admits the crime
7. and gives anyone with damages a claim a free ride in civil litigation. This is a disaster for Utah. I expect well over $5 billion in damages when it's over. Going to have to start raising revenue to pay DC.
8. Trump could have federalized the Utah guard but he still has the problem of Posse Comitatus Act. I don't know how this could have been done lawfully. Absent the insurection act I think a lot of folks are going to prison. And don't think Donald Trump will save you.
9. So the easy thing is, what if the DC guard flew to Salt Lake City and took up positions at the airport? Lawful? If not, why not? And what's different? White vs. Black?
