All he needs to do is invoke the Insurrection Act.
Unlike Caesar, Trump can cross the Rubicon legally
Unlike Caesar, Trump can cross the Rubicon legally. He need violate no sacred law. He has all of the legal power he needs to act and win. Congress has given it to him. All he needs to do is invoke the Insurrection Act.
The history of the Insurrection Act dates back all the way to 1797 and in the 21st century, the Insurrection Act has been pleasantly re-titled “The Enforcement of the Laws to Restore Public Order Act” and codified in four sections of the US Code:
- USC § 251 Federal Aid for State Governments
- USC § 252 Use of Militia and Armed Forces to Enforce Federal Authority
- USC § 253 Interference with State and Federal Law
- USC § 254 Proclamation to Disperse.
The authority is vested solely in the President. He does not need the invitation of state governors to intervene, nor does he need the approval of the Supreme Court.
The President is allowed to use any means that he (and again, he needs no one else) considers necessary. This includes using the armed forces (which enables him to bypass the Posse Comitatus Act) and using the militia (which we’ll discuss in more detail below).
The President’s ability to use force isn’t restricted to actual rebellion or insurgency. He can act against merely unlawful combinations and conspiracies. To be clear: If the President decides that a conspiracy has deprived people of a right and believes that authorities fail or refuse to protect the right, he can send in the troops.
In blunt terms, Congress has given the power to President Trump to proclaim:
“I, President Trump, have determined that a conspiracy has deprived 70 million Americans of their right to vote and that the other authorities are refusing to protect this right. I therefore order the suppression of this conspiracy by any means necessary.”
And with that, Trump will cross the Rubicon.
Trump commands an unorganized militia consisting of every able-bodied man between the ages of 17 and 45. The men don’t need to be in the National Guard. They don’t need to be veterans. They don’t need to be anything except 17 to 45 and able-bodied.
P.S. Although only 39% of Americans are Republicans, gun owners are actually 64% Republican. In other words, those who own guns are disproportionately Republican by a factor of 1.64! If we replace the percentage of Trump voters with the percentage of Republican gun-owners, then the balance of forces changes to 17.6M pro-Trump and 6.9M anti-Trump.
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November 25, 2020 at 11:43AM