For months, we have watched in horror as anarchists have looted and burned our cities with no intervention by law enforcement. Of course, these riots were in cities with Leftist Mayors who gave their police force the “Stand Down” command.
Many are wondering what President Trump can do to stop Election Day violence. The Left think the he is powerless, but as usual, the Left are wrong.
President Donald Trump speaks during his campaign event at Miami-Opa Locka Executive Airport on November 1, 2020 in Opa Locka, Florida. (Joe Raedle/Getty Images)
Monday, 02 November 2020 06:33 AM
There have been pockets of unrest in battleground states ahead of the showdown between President Donald Trump and his Democrat challenger, Joe Biden, in Tuesday’s election.
On Saturday, peaceful participants at a rally in North Carolina to turn out the vote were pepper-sprayed by law enforcement officials. The Biden campaign canceled two events after a caravan of vehicles with Trump campaign flags swarmed a bus carrying campaign workers in Texas on Friday.
Trump, who previously declined to commit to a peaceful transfer of power if he decides Tuesday’s election results are fraudulent, could bring in the military or federal agents to quell civil unrest on Election Day.
Here is a look at the laws that give Trump authority in this area, and the limitations on his power.
WHAT IS THE INSURRECTION ACT?
Under the U.S. Constitution, governors of U.S. states have primary authority to maintain order within state borders. The 1878 Posse Comitatus Act bars the federal military from participating in domestic law enforcement.
The Insurrection Act, an exception to the Posse Comitatus Act dating back to 1807, permits the president to send in U.S. forces to suppress a domestic insurrection.
The Insurrection Act has been invoked dozens of times in U.S. history, but rarely since the civil rights movement of the 1960s.
It was last invoked in 1992 by President George H.W. Bush when the acquittal of four Los Angeles police officers in the beating of Black motorist Rodney King led to deadly riots. California’s governor supported Bush’s use of the law.
The act gives a president “awesome powers” and should be used as a last resort, said retired Army Major General John Altenburg, now a Washington lawyer.
DID TRUMP INVOKE THE ACT IN RESPONSE TO THIS YEAR’S ANTI-RACISM PROTESTS?
Trump considered invoking the act in response to violence and looting at mostly peaceful anti-racism protests in June. Trump dropped the idea after public pushback from Defense Secretary Mark Esper.
Instead, Trump sent U.S. Department of Homeland Security agents to cities like Washington and Portland, Oregon.
Those agents had military-style equipment but they were civilians and not members of the armed forces.
In the event of unrest on Election Day on Tuesday or in the ensuing days, Trump is more likely to activate those federal agents than the military, said Jimmy Gurulé, a University of Notre Dame law professor and former Justice Department official.
To do so, Trump would need to cite some violation of federal law that the agents are policing against. The DHS agents sent to Portland earlier this year were charged with enforcing a law against vandalizing federal property like courthouses.
CAN TRUMP ACTIVATE THE NATIONAL GUARD?
Yes, the U.S. government could activate, or “federalize,” the Army National Guard, a reserve force of part-time soldiers. Those civilian soldiers are usually activated by governors, but federal law also allows the U.S. government to mobilize them.
Once federalized, National Guard soldiers are under the full command and control of the defense secretary until they are returned to state status.
This year, many state governors have activated the National Guard to respond to the coronavirus pandemic and support local law enforcement in quelling disturbances.
SO TRUMP NEED NOT HAVE A GOVERNOR’S APPROVAL FOR SENDING IN TROOPS?
Right. Under the Insurrection Act, if a president determines that a rebellion has made it “impracticable” to enforce U.S. law through ordinary judicial proceedings, he may activate the armed forces without a governor’s approval “to enforce those laws or to suppress the rebellion.”
Historically, presidents and governors have generally agreed on the need for troops.
Trump can activate DHS agents, who are federal government employees, or the National Guard, without state approval.
There are limits, however, on the president’s power. Federal law makes it illegal for the military or other federal agents to interfere with an election. Deploying the military or DHS to polling places is illegal, for example.
CAN A COURT BLOCK A PRESIDENT’S USE OF FORCE?
Yes, but courts have historically been reluctant to second-guess a president’s military declarations, said Robert Chesney, a law professor at the University of Texas.
“When a president claims that the facts on the ground warrant invocation of the Insurrection Act, courts ordinarily would not second-guess this,” Chesney said. Judges, however, could break with precedent if they believed Trump had relied on false claims to justify the use of force, he said.
If Trump sends in DHS or other federal agents, they must respect the constitutional rights of civilians. Advocacy groups like the American Civil Liberties Union accused the agents in Portland of making arrests that violated the constitutional rights of protesters and journalists.
But the Trump administration had the lawful authority to use the agents, legal experts said. Source
So brethren, let’s pray that President Trump will use every legal maneuver to stop rioters from burning down our cities or harming others, including police officers.
Pray for our president, his family and administration. Pray for the White House and for those who protect it.
I will be praying that our president will win in the largest landslide in the history of America’s elections.
But as Christians, we should always end our prayers with “According to Your Will O God.”
Shalom b’Yeshua
MARANATHA!!
it is his will for him to win, because he told me he needed him four more years and for me to tell him, and I did, so I know its Gods will for him to win, but by what margin I have not a clue but praying for a landslide that night, what bothers me is I was watching last time, the Lord had told me Trump would win, and I think believe it or not fb said the one state i forgot now which Trump needed just come in and he won, well fox would not tell it for over an hour later, they kept saying it e=wasn’t in yet and I put on fb to fox, fb said that states result came in over an hour ago you just will not call it, they called it a couple of minutes later, but this time is worse, I don’t believe unless God makes them so way, that they will say Trump wins, they are sold out to communist, and the vision I had a couple months ago, the states were lighting up blue, and the medis was helping them, it wasn’t fair even close the media was behind them trying to help them win, and a ship and a sub was off shore and a plane in the air, so they are planning something, and we will only win by the grace and mighty hand of God for they have cheated and rigged big time, with Joe even admitting he and Obama came up with the best voter fraud there ever was, so it will for sure take God again, last time I saw new machine coming down from heaven, but this time he is going to have to fix a lot of ballots, and machines, as long as we pray and take a stand and vote, God will step in, he just doesn’t back lazy. May God Bless you richly Geri, Lord make the news tell us the truth in Jesus mighty name, for once let the Holy Spirit cause the truth to come out of their mouths..