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rustysgurl

(1,040 posts)
Sat Mar 14, 2020, 10:41 PM Mar 2020

Martial Law?

I have a relative who is incarcerated at a minimum security facility in a Southwestern state. They were notified by the guards today that, should martial law be declared, the minimum security inmates would be released because the guards would be needed elsewhere. He said the guards were at the nearby range practicing with assault-type rifles.

Ok ... trying not to read too much into this. Do you think Trump is going to try to ride this pandemic's coattails into declaring martial law, taking control of whatever, and suspending elections?

I'd like to hear everyone's thoughts.

16 replies = new reply since forum marked as read
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rustysgurl

(1,040 posts)
5. So glad ...
Sat Mar 14, 2020, 11:01 PM
Mar 2020

... you think it's a "story." I assume my family member was telling the truth -- he had no reason to lie.

 

Hoyt

(54,770 posts)
4. Don't think trump will try that, unless something totally unforeseen happens.
Sat Mar 14, 2020, 10:55 PM
Mar 2020

But, I understand why one might be concerned.

onenote

(42,829 posts)
9. Once again: anyone using the term "martial law" should take a moment to learn what it is
Sat Mar 14, 2020, 11:07 PM
Mar 2020

The Supreme Court long ago explained what martial law is and the limits of its implementation under the Constitution:

Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)

"If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."

onenote

(42,829 posts)
10. Any reason you didn't mention the state?
Sat Mar 14, 2020, 11:16 PM
Mar 2020

Seems like relevant information that you have in your possession.

GulfCoast66

(11,949 posts)
15. At this point even Republican Governors would be like WTF!!
Sun Mar 15, 2020, 01:40 AM
Mar 2020

It’s becoming obvious that trump has totally fucked this up.

Even DeSantis here in Florida would be like FU.

Because there is really no such thing as Martial law in America. Our Federalist system prevents it.

Stop with the drama.

rustysgurl

(1,040 posts)
16. God in Heaven ...
Sun Mar 15, 2020, 02:30 AM
Mar 2020

... I asked a question based on what I was told. Is that a freaking crime? I don't appreciate the "stop with the drama" b.s. comments like I'm trying to incite a riot. I asked a question. Forgive me. It won't happen again.

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