Two more election postponement scenarios

[LastLiberal in PalmSprings]

(1) The election is held on time and Kerry wins, but a major attack occurs before his inauguration. Does * use the event to postpone the transfer of power?

(2) * sees that he is going to lose, so he declares martial law using any reason he can, like the possibility (not probability or certainty) of an "imminent attack on the Homeland*." Under martial law he becomes an absolute dictator who can do whatever he wants without any of those nasty constraints of the Constitution or rule of law.

Personally I don't think a postponement will occur. It's getting too much play. My thought is BushCo is using this issue to hide some other nefarious action they're currently engaged in.

*As an aside, I absolutely hate how the word "Homeland" has replaced "nation". Homeland sounds too much like "Fatherland."

[Dogmudgeon]

1. Remember the coup that overthrew Gorbachev?

It was a "cabal" of about a dozen old hard-line Communists.

Within a week, most of them were drunk, in hiding, or having nervous breakdowns. The few that managed some form of sanity found themselves alone, isolated, and ridiculed.

Well, if Team Bush tries something that audacious, history will be repeated, and we won't even need a Yeltsin to climb on top of a tank.

--bkl

[Raven]

2. Do we know the legal facts on this???

Has anyone done any research to determine if and how Bush can postpone an election or declare martial law? Do we know what each state's election laws provide for? If there is the threat of an attack, can Bush essentially close down the nation? Or will they pick certain states?

My advice is to watch the polls in October and pick up an absentee ballot, just in case in might come in handy.

[LastLiberal in PalmSprings]

12. Some discussions on martial law

I was surprised how few relevant websites appeared when I googled "martial law."

Here's one:

Article 1, Section 9 states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Habeas corpus is a concept of law, in which a person may not be held by the government without a valid reason for being held. A writ of habeas corpus can be issued by a court upon a government agency (such as a police force or the military). Such a writ compels the agency to produce the individual to the court, and to convince the court that the person is being reasonably held. The suspension of habeas corpus allows an agency to hold a person without a charge. Suspension of habeas corpus is often equated with martial law.

Because of this connection of the two concepts, it is often argued that only Congress can declare martial law, because Congress alone is granted the power to suspend the writ. The President, however, is commander-in-chief of the military, and it has been argued that the President can take it upon himself to declare martial law. In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President's imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve. more


Here's a fictional memorandum concerning the imposition and powers granted under martial law.


BTW, declaring martial law isn't a new thought to * :

President George W. Bush said Monday that coalition forces in Iraq would support a possible decision by the new Iraqi leadership to declare martial law to deal with escalating violence and terror attacks. International Herald Tribune

[left is right]

3. Homeland sounds too much like "Fatherland."

I, too, have been saying this since the very first time, I heard it.

[BillZBubb]

6. Me too, and it's not surprising a Reich Winger coined the phrase.

It gets the common Volk all misty eyed patriotic. BushCo Uber Alles.

[Betty The Younger]

4. I'm more concerned with republicans using absentee ballots

to turn the election. I don't hear anything about how many people are using that as an alternative to having to go to the polling place. It can be the secret weapon.

[Raven]

7. It could be very important if

Bush & Co. declare a Red Alert and people are afraid to leave their homes or go to a polling place. I, personally, don't think he'll postpone or cancel the election...too politically dangerous...they will just try to scare us to death.

[Cleita]

5. I have stated so before that I am truly worried what Bush will

do while still in office as a lame duck president. I think we really need to start impeachment proceedings now. It's not that we don't have enough evidence of Bush's criminal acts.

[Hubert Flottz]

8. Does anyone recall how Rudy tried to stay in office after 9/11?

When the GOPers saw that there would be people in the streets over that plan they let the election in NY go ahead! If the GOPers pass some kind of bullshit bill on this then is the time to turn out in the streets! Not after a CROOKED election that MAY NEVER take place! This Aggression should not stand! The Terra-ists are in congress!

[POed_Ex_Repub]

9. Want to hear an ironic take on this?

Say the Bush admin gets people worried about possible terrorism on election day. Who do you suppose is most likely to BELIEVE GW's admin and stay home out of fear?... You guessed it, Bush supporters.

:think:

I wonder if they've really thought this thing out? Then again, why would they start now?

[Freya]

10. Hmm...

"(1) The election is held on time and Kerry wins, but a major attack occurs before his inauguration. Does * use the event to postpone the transfer of power?"

The ONLY way he could do this would be to declare martial law.

"* sees that he is going to lose, so he declares martial law using any reason he can, like the possibility (not probability or certainty) of an "imminent attack on the Homeland*." Under martial law he becomes an absolute dictator who can do whatever he wants without any of those nasty constraints of the Constitution or rule of law."

This would work briefly for a few months tops. After which an armed mob would storm the white house. (possibly comprised of US soldiers)

[FascistAdder]

11. I would be..

very concerned over the secret service people being the only guardians assigned to Kerry and Edwards, I would further be concerned about having the two of them stumping together. My fear would be Kerry as a target followed by martial law and a major reshuffling of the deck with new heretics emerging.

[Senior citizen]

13. I doubt if Secret Service are only guardians.

My hope is that Kerry is surrounded by the guys who fought with him in Viet Nam.

And I think (hope) Kerry is smart enough to have people keep an eye on his Secret Service detail, so that if they all go out and get drunk one night, he knows something is planned for the next day.