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What are Trump's legal options with regard to using the military?

Thanks,
Rob
Google "Insurrection Act"......I've been reading up on it.
LA riots

desperate times call for desperate measures
Well, we got a declared war, State of Nat Emergency, and 50th state declared a state of emergency on D-J-T day, 4-10-20 (Good Friday).

He had predicted that on Mar 13 when he said "in 1 month it will be over", the same day Christ said "It is finished" 2000 years ago. 4-10-20 was the same day the 50th state, Wyoming, declared a state of emergency.

Yep. He can legally use the military against civilians and civilians can be tried in military tribunals.

The PC Act

..,,the Posse Comitatus Act, which restricts the participation of the military in domestic law enforcement activities under many circumstances. LANGUAGE. The origins of “posse ....

Key words,

restricts the participation of the military in domestic law enforcement activities under many circumstances

BUT NOT IN SOME CIRCUMSTANCES.

Originally Posted by slumlord

desperate times call for desperate measures


Hmm, the law interpenetrating it one way.

Or, a group of very serious individuals that interpenetrate it another.

Serious either way.
It becomes muddied when states are not asking for help.
But it's not required for them to ask for help. If I remember correctly it was also utilized after 9/11. Lots of troops at airports after that.
[bleep] is fixing to get real serious.

Anyone with a brain can see, the dominoes are beginning to fall much faster. The plans parts are falling in place.

Now let's see what Zero cronies get called to spill their guts or commit perjury in front of the Senate this week.

But, of course, nothing is being done.
What makes it so insane is that 100's of thousands of citizens are having the fugck infringed out of THEIR rights. By people using civil rights protests as an excuse for criminal behavior.


All these innocent people have rights too.

Law and order must be restored. No matter the cost. Because if not, the cost would be way too high.
Originally Posted by RemModel8
But it's not required for them to ask for help. If I remember correctly it was also utilized after 9/11. Lots of troops at airports after that.


Correct that the States don't necessarily have to ask for help but no, the Insurrection Act was not used after 9/11. The troops stationed at airports would have been state National Guard troops still under Governor's orders. They were not federalized.
Still a state issue. Would be better if states won't, the FBI would charge any out of state instigators. Right to free speech and assembly, not violence and theft.

National guard OK. Military sets a bad precedent andcould be a trap.
Originally Posted by Sprint11
Originally Posted by RemModel8
But it's not required for them to ask for help. If I remember correctly it was also utilized after 9/11. Lots of troops at airports after that.


Correct that the States don't necessarily have to ask for help but no, the Insurrection Act was not used after 9/11. The troops stationed at airports would have been state National Guard troops still under Governor's orders. They were not federalized.


International airports fall under federal jurisdiction.

They may have used NG, but military regulars would have been just as legal.
September 25, 1957- - - - -Orval Faubus, Dwight Eisenhower, and the Arkansas National Guard- - - - - -guess who won?
Jerry
I seem to remember that but its a bit foggy cause I was not able to read yet and the TV was still an oddity.
We are in a situation where the US is in a position it's never been in before. No president in US history has had as much constitutional power as Trump now has the legal ability to wield.

At no time in the history of this country has every state declared itself to be in a state of emergency.

To secure his power Trump again, a month ago, declared the US to be in a state of national emergency.

He rules the US, though he hasnt yet demonstrated it.
Thing that seems muddy to me is that many of these douche bags are crossing state lines and committing crimes. Doesn't that also make it a Federal matter? Serious question. I don't know the answer.
Originally Posted by OutlawPatriot
Thing that seems muddy to me is that many of these douche bags are crossing state lines and committing crimes. Doesn't that also make it a Federal matter? Serious question. I don't know the answer.



Crossing one or more state lines to commit a crime does indeed make it a federal offense. The degree varies with the severity of the crime.
I'm really worried about this guy's. On one hand, the weak response at the state level s has resulted in a country that's out of control. And the vast majority of victims are law abiding citizens. Something has to be done. At the same time, I don't want the country to turn into a fugking police state either.
Maybe the threat of Federal level adult supervision coming in and taking control of law and order will be a serious wake up call for the states to get their schit in order.
I hope he doesn't do it.
It will be spun on him if he does or does not.
I have posted on this lately and many others have also

Fed troop brutality claims will happen ,or worse
Or
You didnt help to put down riots

President Trump is dammed if he do
Dammed if he dont.

The Liberal Socialist Democrats already have talking points for both in their devious way of scheming and thinking.

Fugg it.
Let the Liberal Socialist Democrat Governor's own this schit.

Let the liberal Socialist Democrats reap what they have sown.
Its their people and their mantra/ agenda doing and driving this schit....

It aint like these cities and the people in em vote republican anyways.

Good people in and around em
Sucks to be them.
Maybe a wake up call to unazz the places for em.

.

Hard line of thinking.
But these cities are users of tax payer dollars and brought in goods.


Most industrial parks and manufacturing plants are well outside of urban rat zones and " pretty city" zoned schitt....

Let em destroy where they live and breed......
I agree with Renegade on this,I hope he does't use this .
If things go bad and someone gets hurt/killed it will all be on Trump ,by the news ' standards.
Originally Posted by rong
I agree with Renegade on this,I hope he does't use this .
If things go bad and someone gets hurt/killed it will all be on Trump ,by the news ' standards.

Maybe Trump's threat will be enough to get them to do their jobs and it won't be needed.
Originally Posted by OutlawPatriot
Maybe the threat of Federal level adult supervision coming in and taking control of law and order will be a serious wake up call for the states to get their schit in order.


I'm kinda doubting that...........they become too emboldened by their easy success so far.

The only thing that is going to end it is the presence of overpowering force, followed by some serious object lessons, administered by who doesn't really matter, but in the major metro areas, it won't be done by either the mayors or the guv'ners.............they've already demonstrated that.

I'm only surprised that the local & state LEO's in those places continue to come to work in light of their inability to be allowed to act.

MM
After 9/11, congress amended the PC act to allow the military to be used inside our borders against recognized terrorist groups. Now that Antifa is recognized as one, Trump can send in the Marines if necessary.
Trump needs to keep the mayhem contained to the inner city areas, and let the rats burn down their own corncribs to their heart's content. Come election time, he can promise the country to clean up the messes the dummycrap governors and mayors have created. By November, there won't be a major metropolitan area that doesn't look like Hiroshima after the bomb got dropped.
Jerry
I think seeing this spread to the suburbs of the deep blue states would make a better impression on the Democratic voters.... wait until the Governors and mayors publicly beg for Federal law enforcement.... just seal the state borders to States who still hold more traditional values.
Trumpsters: "social distancing, shelter in place and mask guidelines are librul tyranny! Pandemic schmandemic! Murica land of the free!"

Also Trumpsters: "there are some protests! And they have black people! Let's deploy troops to control our own citizens and enact martial law! Thank you daddy Trump!"
You asked: "What are Trump's legal options with regard to using the military?"

Enabling United States law that provides for the establishment and use of active duty Army, Air Force, and Navy military forces is found in Title 10; that of the National Guard - when operating in state domestic operations under the direction of the state’s governor is found in Title 32. The Posse Comitatus Act of 1878 prohibits members of the U.S. armed forces and civil employees of the U.S. (federal) military from enforcing laws on civilians.

Title 18, specifically additional provisions of the Posse Comitatus Act under USC 1385 and Department of Defense Directive 5525.5 statutorily prohibit the use of Title 10 (active duty) military force in domestic operations, and generally prohibit direct participation in state or federal law enforcement activities. Some of those law enforcement activities would include interdicting vehicles, vessels, and aircraft or conducting surveillance, searches, seizures, and making arrests on behalf of civilian law enforcement authorities. Those limitations do NOT apply to the National Guard or the US Coast Guard; further the governor has the authority place NG soldiers in full-time Title 32 Active Duty status, in a law enforcement capacity, under a chain of command that rests within the state.

The US Congress has enacted some specific exceptions that allow Title 10 Active Duty military to provide information monitoring/collection and use of military equipment and facilities in support civilian law enforcement agencies involved with (1) counter-drug and counter-international organized crime activities, (2) situations or criminal activities involving nuclear and other weapons of mass destruction, that exceed the inherent capability of those law enforcement agencies. Finally (3), as defined by The Insurrection Act, (Title 10, Chapter 13) which allows the President to use Title 10 Active Duty military personnel when requested by a governor or a state legislature to suppress insurrections. It also allows the president to use Title 10 forces to enforce law and maintain order when a rebellion against the federal authority of the U.S. occurs and exceeds the capabilities of federal law enforcement agencies.

Bottomline, unless a riot conditions exceed the capability of a state’s law enforcement agencies AND its respective National Guard forces, AND its governor requests a federal response, you won’t see the president or SECDEF ordering active duty Army involvement.
Renegade, I slightly disagree. Just slightly.

Cops ain't soldiers, soldiers ain't cops.

The start of this (sort of) was bad behavior by a cop. (Maybe?)

Cops are supposed to be catchers and holders.
Respectful,friendly, polite. Usually older (21+) more "mature".

Soldiers are young, dumb full of...

Seriously, young, less experienced, more brash, trained to be more aggressive,


Different skill set.

All to say, if soldiers are faced with aggressive, violent rioters,
asses will get kicked. And then, off to the races.

The people behind this only want one thing more than they want the
Cops to beat up their pawns.

Deaths.

If they can serve up a few martyrs,
have another Kent State.

That is the ultimate goal.

And the asshats on our side that promte it?
That's wishing for your enemies success.
Did you call me a pu ssy communist
Originally Posted by Rock Chuck
After 9/11, congress amended the PC act to allow the military to be used inside our borders against recognized terrorist groups. Now that Antifa is recognized as one, Trump can send in the Marines if necessary.

Was the designation of Antifa as a terrorist group made today? Trying to catch up.
Such a slippery slope we are on.

Bad analogy, but I feel like this is analogous to a bully on the playground. If the principal steps in too many times and the rest of the class doesn't know how to protect themselves, it's over and the bully will win.

In my perfect world, red-blooded Americans and the local LEO step up and stop this chit, shoulder to shoulder.

I know it's a pipe dream in the inner cities. It'll never happen.

It's maybe even wishful thinking in the 'burbs in some areas. (I suspect the country folks are on board)

But the second our populace believes mobilized federal military on Main St. is the answer to local problems, our country is in grave danger.

We're getting close to that.
Originally Posted by rockinbbar
What makes it so insane is that 100's of thousands of citizens are having the fugck infringed out of THEIR rights. By people using civil rights protests as an excuse for criminal behavior.


All these innocent people have rights too.

Law and order must be restored. No matter the cost. Because if not, the cost would be way too high.

Agreed.
Originally Posted by MtnBoomer
Originally Posted by Rock Chuck
After 9/11, congress amended the PC act to allow the military to be used inside our borders against recognized terrorist groups. Now that Antifa is recognized as one, Trump can send in the Marines if necessary.

Was the designation of Antifa as a terrorist group made today? Trying to catch up.
I thought he had but after doing some more reading, it might still be in the talking stages. If we could believe any of the major news agencies it would be much easier to figure it out.
Originally Posted by Goosey
Trumpsters: "social distancing, shelter in place and mask guidelines are librul tyranny! Pandemic schmandemic! Murica land of the free!"

You're too stupid to even know how stupid you are. Where are all the stay at home, we're all in this together, couch heroes cracking down on rioters for spreading COVID death en mass?
Originally Posted by Rock Chuck
Originally Posted by MtnBoomer
Originally Posted by Rock Chuck
After 9/11, congress amended the PC act to allow the military to be used inside our borders against recognized terrorist groups. Now that Antifa is recognized as one, Trump can send in the Marines if necessary.

Was the designation of Antifa as a terrorist group made today? Trying to catch up.
I thought he had but after doing some more reading, it might still be in the talking stages. If we could believe any of the major news agencies it would be much easier to figure it out.

Yah. I can't see where it has been finalized. Yesterday, he declared he would, and I expect it'll happen. I don't believe it's a simple deal. And, will be huge, freezing bank accounts and chit! Phucqk yah!
Originally Posted by MtnBoomer
Originally Posted by Rock Chuck
Originally Posted by MtnBoomer
Originally Posted by Rock Chuck
After 9/11, congress amended the PC act to allow the military to be used inside our borders against recognized terrorist groups. Now that Antifa is recognized as one, Trump can send in the Marines if necessary.

Was the designation of Antifa as a terrorist group made today? Trying to catch up.
I thought he had but after doing some more reading, it might still be in the talking stages. If we could believe any of the major news agencies it would be much easier to figure it out.

Yah. I can't see where it has been finalized. Yesterday, he declared he would, and I expect it'll happen. I don't believe it's a simple deal. And, will be huge, freezing bank accounts and chit! Phucqk yah!

In true Trump fashion, he made the announcement to steal the narrative. All the Dem politicians in Minneapolis and the liberal media channels were trying to claim all the violence were white supremacists groups. That was the talking point strategy. After Trump threw out the Antifa announcement, that groups name was probably repeated a million times online and on TV in a matter of hours, and for good reason.
Originally Posted by OutlawPatriot
Originally Posted by MtnBoomer
Originally Posted by Rock Chuck
Originally Posted by MtnBoomer
Originally Posted by Rock Chuck
After 9/11, congress amended the PC act to allow the military to be used inside our borders against recognized terrorist groups. Now that Antifa is recognized as one, Trump can send in the Marines if necessary.

Was the designation of Antifa as a terrorist group made today? Trying to catch up.
I thought he had but after doing some more reading, it might still be in the talking stages. If we could believe any of the major news agencies it would be much easier to figure it out.

Yah. I can't see where it has been finalized. Yesterday, he declared he would, and I expect it'll happen. I don't believe it's a simple deal. And, will be huge, freezing bank accounts and chit! Phucqk yah!

In true Trump fashion, he made the announcement to steal the narrative. All the Dem politicians in Minneapolis and the liberal media channels were trying to claim all the violence were white supremacists groups. That was the talking point strategy. After Trump threw out the Antifa announcement, that groups name was probably repeated a million times online and on TV in a matter of hours, and for good reason.


Yet, no designation. Like was the same topic 3 years ago. We'll see. But he done good declaring it. Thanks for the perspective.
Like many or most here, I despise and decry this rotten campaign of crime and destruction being funded and conducted by clever and evil people who can hide behind their money and status. At the same time, I too hope that the Pres does not send US Mil troops in to deal directly with the urban (mostly) looters and burners - primarily because the emotional, irrational and leftist politically manipulated reactions - as well as the orchestrated big media narrative - could outweigh the overall good to be done by saving some businesses/buildings/etc..

It is clear that some local mayors who maintain control over their policing are playing nasty political games for their own benefit - at high cost to some good folks and their businesses - and that some governors of the same political stripe are supporting the charade. We are witnessing very dastardly behavior by those folks and their pawns. The miscreants are on a self-serving roll, but before long will run out of easy, vulnerable venues where they have relative safety from the heavy responses they deserve - and then will not be able to take their crimes into new areas due to forces that will take them down.

The current incivility, lawlessness and moral breakdown are saddening in many ways - threatening as well and the losses are severe - so it is difficult for good folks to remain thoughtful and patient. But, those who plan, manage, conduct and support the bad behavior in those localities must be made to own it, swallow it and pay the price for their actions - locally.
Originally Posted by Offshoreman
You asked: "What are Trump's legal options with regard to using the military?"

Enabling United States law that provides for the establishment and use of active duty Army, Air Force, and Navy military forces is found in Title 10; that of the National Guard - when operating in state domestic operations under the direction of the state’s governor is found in Title 32. The Posse Comitatus Act of 1878 prohibits members of the U.S. armed forces and civil employees of the U.S. (federal) military from enforcing laws on civilians.

Title 18, specifically additional provisions of the Posse Comitatus Act under USC 1385 and Department of Defense Directive 5525.5 statutorily prohibit the use of Title 10 (active duty) military force in domestic operations, and generally prohibit direct participation in state or federal law enforcement activities. Some of those law enforcement activities would include interdicting vehicles, vessels, and aircraft or conducting surveillance, searches, seizures, and making arrests on behalf of civilian law enforcement authorities. Those limitations do NOT apply to the National Guard or the US Coast Guard; further the governor has the authority place NG soldiers in full-time Title 32 Active Duty status, in a law enforcement capacity, under a chain of command that rests within the state.

The US Congress has enacted some specific exceptions that allow Title 10 Active Duty military to provide information monitoring/collection and use of military equipment and facilities in support civilian law enforcement agencies involved with (1) counter-drug and counter-international organized crime activities, (2) situations or criminal activities involving nuclear and other weapons of mass destruction, that exceed the inherent capability of those law enforcement agencies. Finally (3), as defined by The Insurrection Act, (Title 10, Chapter 13) which allows the President to use Title 10 Active Duty military personnel when requested by a governor or a state legislature to suppress insurrections. It also allows the president to use Title 10 forces to enforce law and maintain order when a rebellion against the federal authority of the U.S. occurs and exceeds the capabilities of federal law enforcement agencies.

Bottomline, unless a riot conditions exceed the capability of a state’s law enforcement agencies AND its respective National Guard forces, AND its governor requests a federal response, you won’t see the president or SECDEF ordering active duty Army involvement.


So, you think he was lying about using the military against civilians? If the Ds dont shut it down, hide and watch. And, he will do it legally.

Some people never learn.
Jaguar, he has no legal reason to do so unless the state asks for it. Do I think he was lying? No, I think he may have been thinking out loud without all the facts at his fingertips. As much as l like him, he does tend to do that.
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