Lex Anteinternet: The Next Trump Administration, Part 1.:
The Next Trump Administration, Part 1.
Trump's promises:
Trump on his actions upon becoming President.
Like Mein Kampf, this should be taken seriously.
And like that, here's something extremely disturbing to note. Trump has made clear indications that he'll invoke the Insurrection Act. One of his primary advisors, Russell Vought, Trump’s former Office of Management and Budget Director, and a Christian Nationalist, has been suggesting he should do so as soon as he takes office.
Trump has indicated he'd be dictator "for just one day". Well, that first day, if Vought has his way, the Insurrection Act would be invoked to stop protests.
It provides:
10 U.S.C. §§ 331-335
Sec. 331. Federal aid for State governments
Whenever there is an insurrections in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.
Sec. 332. Use of militia and armed forces to enforce Federal authority
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
Sec. 333. Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it--
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
Sec. 334. Proclamation to disperse
Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents or those obstructing the enforcement of the laws to disperse and retire peaceably to their abodes within a limited time.
Sec. 335. Guam and Virgin Islands included as “State”
For purposes of this chapter, the term "State" includes Guam and the Virgin Islands.
It's generally held there's no recourse to the Courts, although this would surely spark litigation, probably by Congressmen amongst others.
The Insurrection Act is one of the badly drafted Reconstruction Era statutes that the country should dump entirely. There's next to no reason to ever deploy military force inside the US borders in peacetime. But my prediction is Trump will do it.
He'll do it to deploy Federal troops to the border. He'll do it to hit drug cartel targets in Mexico. He'll do it to suppress protests in the U.S. and he'll do it to seize voting devices where the results aren't what he wants, and beyond that.
And that will make him a type of dictator, and not just for one day.
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