Marc Elias drops bad news on Trump over viral third term dictator threat

[ancianita]

Forget the Insurrection Act, think martial law.

Insurrection Act
Assists, not replaces, civilian authorities:
The Insurrection Act is a federal statute that provides a legal exception to the Posse Comitatus Act, allowing the President to deploy U.S. military forces domestically to assist state or federal civilian law enforcement in specific scenarios, such as suppressing an insurrection, rebellion, or domestic violence.

Civilian law remains in effect:
Under the Insurrection Act, civilian government and the court system continue to function, and the military personnel operate in support of these existing civilian authorities, not in their stead.
Constitutional rights remain:
U.S. constitutional protections for civilians are not suspended when the Insurrection Act is invoked.

Martial Law
Replaces civilian authorities: Martial law is a more extraordinary measure, generally understood as the temporary replacement of civilian government authority with military rule during an extreme emergency, such as an invasion or a complete breakdown of civilian law and order.

Military assumes governance:
The military takes direct control of governing the area, and civilians may be subject to military law and tribunals.

Undefined in federal law:
There is no single federal statute that explicitly defines or authorizes the President to declare martial law, and experts argue that a federal declaration of martial law that completely supplants civilian government is difficult to reconcile with the Constitution.

The difference: the Insurrection Act allows the military to act as an aid to civilian law enforcement, while martial law involves the military effectively becoming the government and taking direct control of an area.

[elleng]

1. 'an instrument of divine will'

[ancianita]

2. Same as kings were with their "divine right of kings" rule.

[Bayard]

3. So glad Elias is on our side, fighting the good fight

One of my big concerns is that trump is going to do whatever he wants to--Constitution be damned. He will declare his version of martial law, and not how its legally defined. I think that's what his big meeting of the generals was all about. My way, or the highway.

[ancianita]

4. Absolutely. Trump is scared of the Elias Group.

I hear you. I think the fired generals under Lloyd Austin's leadership are still out there --

Gen. Charles "CQ" Brown Jr., Joint Chiefs chair
Gen. Tim Haugh, head of the NSA and Cyber Command
Adm. Lisa Franchetti, chief of naval operations
Adm. Linda Fagan, Coast Guard commandant
Gen. James Slife, Air Force vice chief of staff
Vice Adm. Nancy Lacore, Navy Reserve chief
Vice Adm. Shoshana Chatfield, senior NATO official
Rear Adm. Jamie Sands, Naval Special Warfare Command boss...


-- not to mention the millions of vets, and current troops that were under their command -- and those former military leaders will be influencing current leaders on whether it's in the military's (and military contractors') best interest to break their oaths to the US Constitution and turn on American civilians, risk mass troop insubordination, all based on one man's say-so.
They know civilian command isn't to be obeyed no matter what.

[electric_blue68]

5. I think that's part of what Mark is saying...

That trump will go ahead, and to hell wirh The Constitution.

[LudwigPastorius]

6. The law is what Trump's Supreme Court says it is at this point.

And, if he doesn’t like a decision they hand down, he can just ignore them anyway, secure in the knowledge that Congress will not act to remove him from office.

Our only hope is to regain the majority in at least one house of Congress…if there are free and fair elections next year.

[mitch96]

7. "Insurrection Act Assists, not replaces, civilian authorities:". My fear is rump will just interpret it his way and

to hell the way it is written. Who will stop him from just riding roughshod over the law?
m

[ancianita]

8. Absolutely. But we should be clear on the difference. Definitely we can predict he won't work within

bounds of the Insurrection Act but just use it as his pretext for beginning de facto martial law rule by JAG's in immigration courts.

Will the military see this as a problem? Likely not. But outside inactive military will.