White House leaves open possibility of invoking Insurrection Act to remove migrants

[mahatmakanejeeves]

Source: Washington Post

Politics
White House leaves open possibility of invoking Insurrection Act to remove migrants

By John Wagner
May 17 at 7:42 AM

A White House spokesman left often the possibility Friday that President Trump would invoke an arcane law that would allow him to deploy the military to remove illegal immigrants, as Trump warned migrants on Twitter that they could be leaving the country soon.

Asked during a television appearance whether Trump is considering using the Insurrection Act, spokesman Hogan Gidley said the president is “going to do everything within his authority to protect the American people” and has “lots of tools at his disposal.”

“We haven’t used them all, and we’re looking at ways to protect the American people,” Gidley said during an appearance on Fox News’s “Fox & Friends.” ... His interview took place amid a series of tweets from Trump, including some that suggested new actions to crack down on illegal immigrants.
....

The idea of using the law was first reported by the Daily Caller, a conservative news outlet, after Trump finished his speech Thursday afternoon. ... Such a plan would involve deployment of the National Guard and cooperation of governors who might not be inclined to go along with Trump’s order.

Seung Min Kim, Josh Dawsey and David Nakamura contributed to this report.

John Wagner is a national reporter who leads The Post's new breaking political news team. He previously covered the Trump White House. During the 2016 presidential election, he focused on the Democratic campaigns of Hillary Clinton, Bernie Sanders and Martin O’Malley. He also chronicled Maryland government for more than a decade. Follow https://twitter.com/WPJohnWagner

Read more: https://www.washingtonpost.com/politics/white-house-leaves-open-possibility-of-invoking-insurrection-act-to-remove-migrants/2019/05/17/6b49c2c4-7892-11e9-bd25-c989555e7766_story.html

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Think about what Trump is saying he wants: An Army that's trained for killing, not for policing, marching down your street to kick down doors and haul people off to camps for deportation? Seems too ridiculous to worry about. But some of the ridiculous things he says come true.

Link to tweet

Alarming reports surfacing that Trump intends to invoke the Insurrection Act and deploy the military to enforce immigration laws inside the U.S. I wrote about the danger that Trump would misuse this Act in the @TheAtlantic last December:

Link to tweet

Walter Shaub Retweeted

https://twitter.com/waltshaub

"The text of the statute would seem to be on the president’s side—underscoring just how broad the power is that Congress has delegated to the president." Trump's use of the Insurrection Act could be lawful, argues @steve_vladeck. Here's what that shows:

Link to tweet

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There are some threads in GD about this.

As Trump considers using the Insurrection Act to round up immigrants...

https://www.democraticunderground.com/100212105288

More dictatorial behavior in the offing? (immigration)

https://www.democraticunderground.com/100212104001

[C_U_L8R]

1. First the refugees... then who?

Muslims? Gays? Democrats? The Media?

We've seen this movie before and it does not end well.

[Beacool]

20. It reminds me of Niemoller's poem.

First they came for the socialists, and I did not speak out—because I was not a socialist.

Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.

Then they came for the Jews, and I did not speak out—because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

[Iliyah]

2. Bringing in the military.

Anyone who knows history, this will not play well with majority of the USA citizens nor the world.

[ancianita]

9. When it happens so gradually, it's not even part of USA citizens' consciousness until it's too late.

Last edited Fri May 17, 2019, 04:44 PM - Edit history (1)

Why this 1807 law has been on the books needs investigating. "Arcane" doesn't describe the real reasons it stays there.

[Evolve Dammit]

13. Yep. Boiling frog. What is wrong with people that had grand-parents that fought this shit??

[ancianita]

15. I think grandparents have to get intense and shake 'em.

[atreides1]

3. He might have conditions to meet!

(1) The President may employ the armed forces, including the National Guard in Federal service, to–

(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that–

(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and

(ii) such violence results in a condition described in paragraph (2); or

(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).

(2) A condition described in this paragraph is a condition that–

(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, 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 or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

[Perseus]

6. And Barr will be waiting there to make sure all conditions are met

or they can simply ignore all of them...these people are crapping on top of the country, in front of everyone to see and no one is doing anything about it. This is as bad as it gets.

[Ramsey Barner]

4. "The general purpose is to limit presidential power..."

The Insurrection Act of 1807 is a United States federal law ... that governs the ability of the President of the United States to deploy military troops within the United States to put down lawlessness, insurrection, and rebellion. The general purpose is to limit presidential power, relying on state and local governments for initial response in the event of insurrection. Coupled with the Posse Comitatus Act, presidential powers for domestic law enforcement are limited and delayed.

This Act was used to declare the commencement of the American Civil War.


https://en.wikipedia.org/wiki/Insurrection_Act

[SWBTATTReg]

5. I suspect that if this happens, the end of rump and all will be well on its way. This will...

be the shot heard around the world. Republicans will never recover from this.

[Perseus]

7. The most amazing thing about all these is

The fact that this administration spends the bulk of their time just thinking of ways to screw people, how to circumvent laws to do their evil acts, who to put in charge to aid them in their evil agenda, how to profit themselves, all ideas and actions that not only do they harm the people, but are geared to destroy everything around them, all for profit.

These horrible people don't seem to spend, not even one minute of their time trying to find positive solutions to make life better for everyone, it is just about destruction.

Why can't people see this?

[ancianita]

8. I think this act is being used to round up any and everyone. This has been coming since NDAA 2006.

That's thirteen years, across presidencies.

For the longest, I thought the "unitary executive theory" was BS promulgated by GOP operatives. Now I learn it's been in the works for eleven years. At least.

These national defense authorizations look like a setup for dictatorship. Now, with the Senate shut down and the courts being swamped by the Federalist Society, with the brazenness of this occupant, I'm close to fearing that our "October surprise" next year might not have anything to do with a "foreign war."

Yes, the progressive abdication of congressional civilian authority over the military has been alarming to me since Vietnam. Recent civilian abdications are moreso.

As Scout's lawyer-father, Atticus, would say, it is in the 'time to worry' zone. Obama made no joke when he referenced " the end of the Republic" at his last White House Correspondents' Dinner.

Below are highlights of the gradual freedom encroachments on civilians -- freedoms of movement, protest, association -- of NDAA's since Bush II.

Each passing year, major yellers in media warned us. We worried, then just moved on, hoping these legalized encroachments on our freedoms might just go away. Because, really, what can we do? As I see it, nothing.

There is a wikipedia page for each and every NDAA, but this comes from the general summary page:

-- (Bush) National Defense Authorization Act for Fiscal Year 2008, Pub.L. 110–181. This NDAA is notable for including a signing statement, one of many that President George W. Bush controversially used in attempting to project a "strong" unitary executive theory — one that he hoped would consolidate and expand Executive Branch power.

-- (Obama) NDAA 2010, Pub.L. 111–84 contains important (see article) hate crimes legislation.

-- (Obama) NDAA 2011 Pub.L. 111-383. formally labels all of America as a "battleground"

-- (Obama)NDAA 2012 Pub.L. 112-81."Counter-Terrorism", authorizing the indefinite military detention of persons the government suspects of involvement in terrorism, including U.S. citizens arrested on American soil. Although the White House[12] and Senate sponsors[13] maintain that the Authorization for Use of Military Force (AUMF) already grants presidential authority for indefinite detention, the Act states that Congress "affirms" this authority and makes specific provisions as to the exercise of that authority.[14][15] The detention provisions of the Act have received critical attention by, among others, the American Civil Liberties Union (ACLU), the Bill of Rights Defense Committee, and some media sources which are concerned about the scope of the President's authority, including contentions that those whom they claim may be held indefinitely could include U.S. citizens arrested on American soil, including arrests by members of the Armed Forces.[16][17][18][19][20] The detention powers currently face legal challenge.

Provisions of the Insurrection Act were in the NDAA 2006, but were repealed later.
https://en.wikipedia.org/wiki/Insurrection_Act

Now the Insurrection Act rears its head again. "Arcane"? That doesn't begin to justify its existence. It's like dragging "arcane" Barr out of the woodwork when you need him.

Still. Most of the provisions listed above from earlier NDAA's remain in each subsequent NDAA.

This is not about this one outrage over each new encroachment on civilian freedom and safety.

This is about a long term amassing of executive power to use a range of military controls on this civilian population's freedoms by whatever pretext this now-dictator wants.

[Evolve Dammit]

14. Excellent and well-documented post. Much thanks. And you're right.

[NotHardly]

10. ... First they came for ____ and I did nothing...

[JoeOtterbein]

12. until it was too damn late. nt

[JoeOtterbein]

11. Well you know, we can't impeach because it would be mean to incite people who are racists to....

...for Trump again. Or something like that. Now go ahead and don't worry. We will work for issues that the American voters want. And Trump will never use that old law to arrest us for being Dems.

After all we are American citizens so he can't do that. Right?

Someone please tell me I'm right and there is nothing to worry about. Right?

Please? Pretty please???

Oh jezzeeee.......

[The Liberal Lion]

16. IMHO it's too bad he doesn't have a REAL reason to invoke it.

Just sayin'

[dalton99a]

17. Kick

[Hotler]

18. trump is a fucking cracker.

a fucking cracker-ass cracker.

[LastLiberal in PalmSprings]

19. That explains these military exercises in L.A. during early February.

I use to live in Silverlake, so my ears perked up when I heard they were using that area for part of their exercises.

[elleng]

21. HOWEVER there is NO "unlawful obstruction or rebellion," so it won't work (imo.)

The Insurrection Act of 1807 gives the president authority to use the military to fight “unlawful obstruction or rebellion” within the U.S.

[Yeehah]

22. I hope Congress drastically scales back all these powers given to the President

after we have seen how they can be abused by hateful pricks like Trump.

Maybe both houses of Congress will return to sane majorities someday.