by the ordinary course of judicial proceedings,” according to U.S. makes it impracticable to enforce the laws of the U.S.
One exception to Posse Comitatus, however, is the Insurrection Act, which allows the use of active-duty or National Guard troops for federal law enforcement in cases when “rebellion against the authority of the U.S. However, National Guard units, which take their direction from state governors, are exempt from the Posse Comitatus Act. That act prevents troops from enforcing domestic law, preventing such actions as searching and seizing property or dispersing crowds. Though initially it only applied to the Army, it has been amended to include the Defense Department and, of course, the other service branches. The Posse Comitatus Act, passed on June 18, 1878, prevented federal troops from supervising Confederate state elections during Reconstruction. Trump has so far denied the martial law suggestion publicly.Martial law does have limits. "The president has to plan for every eventuality because we cannot allow this election and the integrity of our election to go the way it is."įlynn's statement has been condemned by numerous retired officers who referred to Flynn as a "disgrace to his uniform." "He could take military capabilities and he could … basically rerun an election," Flynn said.
General Michael Flynn, President Trump's first national security advisor and a recently pardoned felon, publicly broached the subject of martial law on the conservative channel Newsmax last week, saying that the president should use the military to seize voting boxes and "rerun" the election in certain states. The retired flag officer also requested anonymity because he is actively advising senior officers and is not authorized to speak on the record. "Though I'm confident that the uniformed military leadership has their heads screwed on right, the craziness is unprecedented and the possibilities are endless." "At this point there's no telling what the president might do in the next month," a former Northern Command (NORTHCOM) commander told Newsweek. military in determining the outcome of an American election," Army Secretary Ryan McCarthy and Army Chief of Staff General James McConville said in a joint statement last Friday. He continued, "But martial law is the wrong paradigm to think about the dangers ahead." "Right now, because of coronavirus," one retired judge advocate general said, "the president actually has unprecedented emergency powers, ones that might convince him-particularly if he listens to certain of his supporters-that he has unlimited powers and is above the law."
He was granted anonymity in order to speak without fear of reprisal. "I've been associated with the military for over 40 years and I've never seen the discussions that are being had right now, the need for such discussions," said the retired flag officer, who is currently a defense contractor. One officer who spoke with Newsweek on the condition of anonymity said the inaugural and transitional planning is being kept out of sight of the White House and Trump loyalists in the Pentagon for fear that it would be shut down. "Pentagon and Washington-area military leaders are on red alert, wary of what President Donald Trump might do in his remaining days in office," Newsweek reported on Thursday.
#Donald trump to declare martial law series#
A series of pardons, post-election protests claiming voter fraud that has never been proven, and one man's probable mental illness at the head of the nation are adding up to a "red alert" in what has normally been a quiet time of the year for many: the holidays.
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