Toobin just said the law bb is using says it requires

[mobeau69]

the request of a State government.

[Ferrets are Cool]

1. Not if you are dictator or a lawless pResident.

[elleng]

2. 'The general purpose of the Insurrection Act is to limit presidential power,

relying on state and local governments for initial response in the event of insurrection. The Posse Comitatus Act prohibits the use of the United States Army and Air Force (which has also been extended by executive direction to the Navy) for routine law enforcement. Actions taken under the Insurrection Act, as an "Act of Congress", are exempt from the Posse Comitatus Act.

The Insurrection Act is brief. It allows the President, at the request of a state government, to federalize the National Guard and to use the remainder of the Armed Forces to suppress an insurrection against that state's government. It further allows for the President to do the same in a state without the explicit consent of a state's government if it becomes impracticable to enforce federal laws through ordinary proceedings or if states are unable to safeguard its inhabitants' civil rights.

The Insurrection Act has been invoked infrequently throughout American history, most recently following looting in the a cop killed a man in Minnesota. After the aftermath of Hurricane Hugo in 1989 and during the 1992 Los Angeles riots.'

https://en.wikipedia.org/wiki/Insurrection_Act#:~:text=The%20Insurrection%20Act%20of%201807,disorder%2C%20insurrection%2C%20and%20rebellion.

[mobeau69]

4. Yep, "...at the request of a state government...".

[tinrobot]

3. DC isn't a state. How does that factor in?

[elleng]

6. They'll ignore it, when it suits them.

'The general purpose of the Insurrection Act is to limit presidential power, relying on state and local governments for initial response in the event of insurrection.' Local government.

https://en.wikipedia.org/wiki/Insurrection_Act#:~:text=The%20Insurrection%20Act%20of%201807,disorder%2C%20insurrection%2C%20and%20rebellion.

[onenote]

5. Toobin is looking at 10 use 251

Trump will rely on 10 US 253:

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.

[unblock]

7. i think there is a loophole around that, as long as you lie...

i believe that if the federal government claims it can't adequately protect federal civil rights in a state through the usual means, then they can come in even if the state government didn't request it.

i think there are a lot of lies they'd have to make to use this loophole, but hey, that's what they do.

ianal

[mobeau69]

8. That and making a bad situation worse for his political purpose.

[uponit7771]

10. +1

[sarisataka]

9. No it doesn't

Read the rest of the act.

JFK and LBJ used it during desegregation over the objections of the state.

[mobeau69]

12. They did not use the regular forces. They Federalized

the national guard.

[sarisataka]

13. If the National Guard is Federalized

Then they become Title 10 and are no different than regular forces

[crickets]

14. +1

[nsd]

11. Toobin sucks.

He's probably right in this instance, but just saying I am so sick of that guy.