Archiv: United States Constitution


05.08.2020 - 17:37 [ Cato Institute ]

Poll: 62% of Americans Say They Have Political Views They’re Afraid to Share

(22.06.2020)

A new Cato national survey finds that self‐​censorship is on the rise in the United States. Nearly two-thirds—62%—of Americans say the political climate these days prevents them from saying things they believe because others might find them offensive. The share of Americans who self‐​censor has risen several points since 2017 when 58% of Americans agreed with this statement.

25.07.2020 - 15:09 [ Tom Cotton, US Senator / Twitter ]

Freedom of religion is our first freedom. Yet SCOTUS has ruled that casinos can host hundreds of gamblers, while churches cannot welcome their full congregations. Justice Roberts once again got it wrong, shamefully closing church doors to their flocks.

25.07.2020 - 15:07 [ theHill.com ]

Conservatives blast Supreme Court ruling: Roberts has ‚abandoned his oath‘

Conservative lawmakers blasted Supreme Court Chief Justice John Roberts after he sided with the court’s liberal justices in a 5-4 decision Friday that rejected a Nevada church’s request to block the state government from enforcing a cap on attendance at religious services.

Sen. Ted Cruz (R-Texas) tweeted early Saturday morning that Roberts had „abandoned his oath.“

25.07.2020 - 12:08 [ theHill.com ]

Supreme Court again rejects church challenge to virus restriction

The decision was a 5-4 ruling, with Chief Justice John Roberts joining the liberal wing.

The court’s order was unsigned and did not provide any reasoning, common practice when the high court acts on emergency applications. The court’s conservative justices filed three dissents.

23.07.2020 - 19:22 [ New York Times ]

How Powerful Is the President?

Powers like these have been deployed sparingly: A few days after the Sept. 11 attacks, a proclamation declaring a national emergency, followed by an executive order days later, invoked some presidential powers, including the use of National Guard and U.S. military forces.

What little we know about these secret powers comes from the Brennan Center for Justice at the New York University Law School, but we believe they may include suspension of habeas corpus, surveillance, home intrusion, arrest without a judicial warrant, collective if not mass arrests and more; some could violate constitutional protections.

22.07.2020 - 02:13 [ Common Dreams ]

New Local Lawsuit Challenges ‚Violent and Unlawful‘ Attacks on Portland Protesters by Trump’s Secret Police Force

A pair of Oregon state lawmakers joined with a local lawyer, church, and advocacy group on Tuesday to bring yet another lawsuit against federal government agencies over President Donald Trump’s ongoing militarized crackdown on Black Lives Matter protests in Portland.

21.07.2020 - 21:12 [ New York Times ]

Trump Threatens to Send Federal Law Enforcement Forces to More Cities

The president portrayed the nation’s cities as out of control. “Look at what’s going on — all run by Democrats, all run by very liberal Democrats. All run, really, by radical left,” Mr. Trump said. He added: “If Biden got in, that would be true for the country. The whole country would go to hell. And we’re not going to let it go to hell.”

Democrats said the president was the one out of control.

21.07.2020 - 21:10 [ Democracy Now! / Youtube ]

Portland Protests Grow Despite Violent Crackdown from Militarized Federal Agents & Local Police

Heavily armed federal officers without name tags have carried out nightly attacks on antiracist demonstrations in Portland, Oregon, and snatched people off the streets into unmarked vans, sparking widespread outrage. “What we’ve seen is a continuous escalation in violence against our protesters,” says Lilith Sinclair, an Afro-Indigenous local organizer in Portland. They note the federal violence follows many years of “severe police brutality” from local police. “It’s left the people of Portland not only worried about their safety, but, even more so, justified in the fight that we’re engaged in.”

21.07.2020 - 20:57 [ Democracy Now! / Youtube ]

“Camouflaged Goon Squads”: Outrage, Legal Challenges in Portland as Federal Agents Snatch Protesters

The U.S. attorney for the District of Oregon has called for an investigation into the conduct of federal officers deployed to protests in Portland, calling their behavior “unlawful.” Local officials are also mounting legal challenges to remove the agents from city streets. Juan Chavez, project director and attorney at the Oregon Justice Resource Center, says it’s a terrifying situation for Portland residents who face “these camouflaged goon squads” who often refuse to identify themselves or their agencies. “They just appear in the middle of the night next to people who are in and around downtown who then get corralled into these vehicles, not told where or who’s picking them up,” he says.

21.07.2020 - 20:43 [ GOP War Room / Youtube ]

UNHINGED: Dem Rep. Clyburn Compares Federal Law Enforcement To Nazi Germany Gestapo

Democrat Congresswoman Jim Clyburn compared federal law enforcement to Nazi Germany Gestapo, when he appeared on CNN on 7/20/2020.

20.07.2020 - 12:43 [ theHill.com ]

House Democrats ask watchdogs to probe federal crackdown on protests

“The Department of Justice (DOJ) and the Department of Homeland Security (DHS) appear to have increasingly abused emergency authorities to justify the use of force against Americans exercising their right to peaceful assembly,” wrote House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.), Homeland Security Committee Chairman Bennie Thompson (D-Miss.) and Oversight and Reform Committee Chairwoman Carolyn Maloney (D-N.Y.).

20.07.2020 - 12:01 [ NPR.org ]

Oregon Gov. Kate Brown: Federal Officers Are ‚Adding Gasoline To A Fire‘

MARTIN: First of all, would you just give us an update on the situation in Portland today?

BROWN: Obviously, things are very challenging right now. I was very, very clear with the Trump administration and the head of the Homeland Security to take their federal troops off the streets of Portland. The Trump administration needs to stop playing politics with people’s lives. We don’t have a secret police in this country. This is not a dictatorship. And Trump needs to get his officers off the streets.

20.07.2020 - 11:57 [ Donald J. Trump, 45th President of the United States of America / Twitter ]

We are trying to help Portland, not hurt it. Their leadership has, for months, lost control of the anarchists and agitators. They are missing in action. We must protect Federal property, AND OUR PEOPLE. These were not merely protesters, these are the real deal!

20.07.2020 - 11:46 [ Mayor Ted Wheeler / Twitter ]

This morning, @jaketapper @CNNSotu asked if I believed the President was breaking the law. Not only do I believe he is breaking the law, but he is also endangering the lives of Portlanders. His actions are unconstitutional.

20.07.2020 - 11:40 [ @CNNSotu / Twitter ]

Portland Mayor Ted Wheeler on federal troops descending upon the unrest in his city: „Their presence here is actually leading to more violence and more vandalism. And it’s not helping the situation at all. They’re not wanted here“

20.07.2020 - 11:21 [ CNN ]

A Navy veteran says he was beaten and pepper sprayed by authorities while attending his first protest in Portland

When contacted by CNN, a spokesperson for the Portland Police Bureau said that their officers were not involved in the incident.

Customs and Border Protection also told CNN that their officers were not involved.

CNN has reached out to the Department of Homeland Security and US Marshals for a comment but has not yet heard back.

20.07.2020 - 11:00 [ Chuckle Trickle / Twitter ]

Unmarked Vehicle, unmarked agents, in the dark. This is not an abduction scene in a movie about a totalitarian regime. It’s real happening in Portland, Oregon, USA.

(17.06.2020)

20.07.2020 - 10:45 [ USA Today ]

‚Secret police force‘: Feds reportedly pull Portland protesters into unmarked vehicles, stirring outrage

(17.06.2020)

Federal law enforcement officers have used unmarked vehicles to detain protesters in Portland, according to news reports and at least one protester who spoke to USA TODAY.

Videos shared online show officers driving up to people, detaining them without explanation, then driving off, Oregon Public Broadcasting first reported. The ACLU filed a lawsuit Friday evening to try and end what it called „lawlessness“ on the streets of Portland.

10.07.2020 - 16:24 [ KSL 5 TV / Twitter ]

Gov. Gary Herbert declared a state of emergency that closed the Utah State Capitol complex following Thursday’s unlawful assembly and civil unrest in downtown Salt Lake City.

10.07.2020 - 16:16 [ FOX 13 News Utah / Youtube ]

‘Justice for Bernardo’ Protest in Salt Lake City (Unedited)

Demonstrators vandalized the Salt Lake County District Attorney’s Office to protest the DA’s ruling that the fatal shooting of Bernardo Palacios on May 23 was legally justified. (Warning: Language)

10.07.2020 - 16:13 [ CNN ]

Utah governor declares state of emergency during protests over ruling that fatal police shooting was justified

Protesters gathered outside the district attorney’s office and caused damage to the building Thursday evening, police said.

Police said earlier that a group of protesters were marching on 500 S., disrupting traffic in the downtown area.

10.07.2020 - 15:06 [ theHill.com ]

Five takeaways from Supreme Court’s rulings on Trump tax returns

Roberts laid out a list of factors for courts to consider when weighing such subpoenas but stressed that the list was not comprehensive, noting how rarely interbranch disputes have come before the court over the nation’s history.

“Other considerations may be pertinent as well; one case every two centuries does not afford enough experience for an exhaustive list,” the chief justice wrote

09.07.2020 - 17:53 [ Tagesschau.de ]

Urteil zu Steuerunterlagen: Keine „absolute Immunität“ für Trump

Der Fall wurde aber an ein Gericht unterer Instanz zurückverwiesen.

Auch verschiedene Ausschüsse des US-Repräsentantenhauses hatten die Herausgabe von Finanzunterlagen verlangt. Dem müsse zunächst aber nicht Folge geleistet werden, geht aus der zweiten Entscheidung des Gerichts hervor. Auch dieser Fall wurde an ein anderes Gericht verwiesen.

09.07.2020 - 17:51 [ theHill.com ]

Supreme Court grants NY prosecutors access to Trump’s tax returns, rebuffs Congress

The Supreme Court in a split decision on Thursday granted New York state prosecutors access to President Trump’s tax returns, even as it shielded a trove of his financial records from Congress.

The justices upheld a Manhattan district attorney subpoena for eight years of Trump’s financial documents, including his personal and corporate tax returns. But they declined to grant Congress access to records subpoenaed by a trio of Democratic-led House committees.

06.07.2020 - 20:12 [ NBC Boston ]

Justices Rule States Can Bind Presidential Electors‘ Votes

The Supreme Court ruled unanimously Monday that states can require presidential electors to back their states’ popular vote winner in the Electoral College.

04.07.2020 - 13:53 [ Rev.com ]

Donald Trump Speech Transcript at Mount Rushmore 4th of July Event

One of their political weapons is cancel culture, driving people from their jobs, shaming dissenters, and demanding total submission from anyone who disagrees. This is the very definition of totalitarianism, and it is completely alien to our culture and to our values and it has absolutely no place in the United States of America.

This attack on our liberty, our magnificent liberty must be stopped and it will be stopped very quickly. We will expose this dangerous movement, protect our nation’s children from this radical assault, and preserve our beloved American way of life. In our schools, our newsrooms, even our corporate boardrooms, there is a new far-left fascism that demands absolute allegiance. If you do not speak its language, perform its rituals, recite its mantras, and follow its commandments, then you will be censored, banished, blacklisted, persecuted, and punished. It’s not going to happen to us.

04.07.2020 - 13:49 [ NPR.org ]

Trump Flouts Virus Rules, Warns Of ‚New Far-Left Fascism‘ In Speech Ahead Of July 4th

„They think the American people are weak and soft and submissive,“ he said. „But no, the American people are strong and proud, and they will not allow our country and all of its values, history and culture to be taken from them.“

In response, the crowd erupted in cheers of „USA! USA!“ and „Four more years!“

04.07.2020 - 13:29 [ Washington Post ]

No Mr. Trump, the virus is not under control. It is in control.

Mr. Trump — whose early reaction to the pandemic was to wish it away, who failed to muster the logistical support to confront it and who then decided to walk away by leaving the response largely to the states — this week continued to engage in magical thinking, referring to the raging pandemic as “certain hot spots.” In fact, states that opened up prematurely in May are paying the price now, and Mr. Trump bears responsibility for encouraging governors to loosen the restrictions too early.

04.07.2020 - 12:44 [ CNN ]

Supreme Court temporarily blocks court order that cleared the way for expanded vote by mail in Alabama due to Covid-19

The court’s decision also comes as President Donald Trump has repeatedly disparaged voting by mail as prone to fraud. The President has claimed, without evidence, that there is systemic cheating with mail-in ballots and has made false accusations against states that are expanding absentee and mail-in options, despite voting by mail himself.

Numerous studies suggest that voter fraud is all but nonexistent in the US, and the President’s own voter fraud commission disbanded without finding any evidence to back up his claims.

02.07.2020 - 18:29 [ theHill.com ]

Supreme Court declines to fast-track Texas Democrats‘ bid to expand mail-in voting before July primary

Texas currently only allows absentee ballots from elderly, disabled, incarcerated or traveling voters. The state’s Democrats have been seeking to expand the definition of „disabled“ to include those who fear coronavirus exposure during in-person voting.

01.07.2020 - 18:21 [ .axios.com ]

Florida is „not going back“ on reopening, governor says

Florida Gov. Ron DeSantis told reporters on Tuesday that the state will not reinstate restrictions or close businesses to mitigate the spread of the novel coronavirus.

27.06.2020 - 09:19 [ New York Times ]

Supreme Court Turns Down Request to Allow All Texans to Vote by Mail

The state’s primary runoff election, which was postponed in light of the pandemic, is scheduled to be held on July 14. Judge Biery’s ruling also applied to the general election in November.

20.06.2020 - 17:40 [ Law.com ]

COVID-19 and the Constitution: How the Bill of Rights Is Being Tested by the Coronavirus

(20.06.2020)

An analysis of the coronavirus’s impact on constitutional law could fill the pages of a book. This article surveys just some of the ways in which government responses to the virus pose thorny issues under the First, Second, Fourth, Fifth, Sixth, Eighth, and Tenth Amendments. Many of these issues are already being litigated; others loom on the horizon. By the time the coronavirus is placed under control, which could be months or even years from now, its effect on constitutional jurisprudence—like its effect on nearly all facets of society—will likely be profound.

20.06.2020 - 09:42 [ TulsaWorld.com ]

With curfew lifted, festival atmosphere reigns in downtown Tulsa near site of Saturday’s Trump campaign rally

Thousands of adoring fans and some number of not-so-adoring opponents are expected to greet President Donald Trump on Saturday night when he becomes the first U.S. chief executive in more than 25 years to visit Tulsa.

Trump followers began gathering in the city almost as soon as the 7 p.m. rally at the BOK Center was announced last week. In a larger sense, many have been waiting for months, ever since the COVID-19 epidemic put a stop to most live campaign activities.

20.06.2020 - 09:16 [ Fox23.com ]

City of Tulsa cancels weekend curfew for downtown area ahead of President Trump’s rally

“Last night, I enacted a curfew at the request of Tulsa Police Chief Wendell Franklin, following consultation with the United States Secret Service based on intelligence they had received,” Mayor G.T. Bynum said. “Today, we were told the curfew is no longer necessary so I am rescinding it.”

They said they say they are still aware that buses of protesters may be brought in tonight and they will have officers around the perimeter to secure it and keep campers safe.

20.06.2020 - 08:04 [ theHill.com ]

Oklahoma Supreme Court denies appeal to enforce social distancing at Trump rally

The Oklahoma Supreme Court denied a legal request to require that social distancing be enforced at President Trump’s campaign rally on Saturday, according to media reports Friday.

The decision comes in response to a lawsuit brought by two attorneys on behalf of city residents, businesses and immunocompromised individuals who claimed that the rally would put the community at increased risk of coronavirus infection.

16.06.2020 - 08:34 [ the Daily Pennsylvanian ]

‘A fundamentally broken system’: Why protesters are calling to ‚defund the police‘

Defunding the police is largely understood to mean reallocating funds from police departments to other community resources. Some activists, however, are calling for police departments to be completely dismantled. Regardless, these calls to ‚defund the police‘ — which are supported by about one-third of Americans — involve reimagining the current policing system in the United States.

16.06.2020 - 05:48 [ theHill,com ]

Workers can’t be fired for being gay or transgender, Supreme Court rules

The Supreme Court on Monday ruled 6-3 in a landmark decision that gay and transgender employees are protected by civil rights laws against employer discrimination.

A set of cases that came before the court had asked the justices to decide whether Title VII of the 1964 Civil Rights Act, which forbids discrimination on the basis of „sex,“ applies to gay and transgender people.

16.06.2020 - 05:47 [ Tagesschau ]

Diskriminierung am Arbeitsplatz: Supreme Court stärkt LGBTQ-Rechte

Hintergrund ist der „Civil Rights Act“ aus dem Jahr 1964, der Diskriminierungen unter anderem aufgrund des „Geschlechts“ („sex“) verbietet. Einige Gerichte und auch die Regierung von US-Präsident Donald Trump legen dies so aus, dass es dabei nur um den Unterschied zwischen Mann und Frau geht, nicht um sexuelle Minderheiten. LGBTQ-Aktivisten verlangten vom Obersten Gerichtshof deswegen eine Klarstellung, dass auch eine Diskriminierung aufgrund der sexuellen Identität verboten ist.

13.06.2020 - 03:22 [ theHill.com ]

Trump heads to West Point amid fresh military tensions

Former military officials have increasingly spoken out to rebuke Trump over his response to recent protests against the police-involved death of George Floyd and the president’s threat to dispatch active-duty troops to cities to quell violence and looting that accompanied some of the demonstrations.

In an extraordinary statement Thursday, the top U.S. general expressed regret for his involvement in Trump’s photo opportunity at St. John’s Episcopal Church earlier this month that followed an aggressive clearing of protesters.

13.06.2020 - 03:19 [ theHill.com ]

Pence says he didn’t accompany Trump to St. John’s ‚out of an abundance of caution‘

Vice presidents and presidents are sometimes encouraged to not be in the same location at the same time.

13.06.2020 - 03:17 [ theHill.com ]

Joint Chiefs chairman says he regrets participating in Trump photo-op

(11.06.2020)

Joint Chiefs of Staff Chairman Gen. Mark Milley says he regrets his participation in President Trump’s photo opportunity outside St. John’s Church last week.

“I should not have been there,” Milley said during a recorded message aired at the graduation of the National Defense University on Thursday morning. “My presence in that moment and in that environment created a perception of the military involved in domestic politics.”

09.06.2020 - 06:59 [ DeAnna Lorraine, Fmr Congressional Candidate vs Nancy Pelosi / Twitter ]

Someone show Dr. Fauci this now!

09.06.2020 - 06:28 [ the Rolling Stone ]

They Are Who We Thought They Were

The demonstrations, in which millions have flooded the streets of cities across the nation to protest police brutality, represent a display of civil unrest unlike anything most Americans have ever seen, and though their long-term effect is unclear, one thing has been made clear: The police very much are who the demonstrators who turned up to protest their brutality thought they were.

08.06.2020 - 00:30 [ wrcbtv.com ]

More cities are lifting curfews as Black Lives Matter protests continue for the 13th day

As the protests enter day 13, some cities have begun rolling out new rules for officers or plans of reform, prompted by both the demonstrations and the violent police response they’ve been met with, including tear gas and rubber bullets.

08.06.2020 - 00:06 [ Haaretz ]

Israeli Left’s Show of Strength Highlights Weakness of Anti-annexation Protest

One can argue about whether the disparate 100-year history of confrontation and occupation between Israelis and Palestinians totally negates parallels to white America’s 400 years of African American subjugation and discrimination. But one glaring gap is undeniable: The majority of U.S. public opinion now acknowledges the legitimacy of black grievances, while the majority of Israelis ‒ including most of the Jewish center-left ‒ continues to view Palestinians, at least those beyond the former Green Line, as a mortal enemy bent on their country’s destruction

07.06.2020 - 11:35 [ See new Tweets Conversation Geoff Diehl & KathyJoBoss: MassGOP State Committee / Twitter ]

Charlie Chase, 82 year old Air Force Vet thrown to the ground in Fall River for holding a Trump sign, was back at it today! Supported by people from all over, he had nothing but love for everyone, including his attacker, & he Fall River Police made sure they had his back!

(06.06.2020)

07.06.2020 - 11:20 [ wbsm.com ]

Police: Fall River Man Assaulted Elderly Trump Supporter

(04.06.2020)

The victim was transported to Charlton Memorial Hospital for evaluation. Police say the victim had visible bruising on his lower back. Two independent witnesses say they observed the attack and corroborated the victim’s version of events.

The victim stated that he believed that he was targeted and attacked because of his political beliefs and the Trump hat that he was wearing. Courtright was contacted by police and later turned himself in to authorities at the Fall River Police Station.

06.06.2020 - 20:53 [ HollywoodReporter.com ]

MSNBC’s Ali Velshi on Covering Protests Amid Press Attacks: „We Exist to Hold Power to Account“

(03.06.2020)

„If you’re in a crowd and the crowd’s getting tear-gassed, that’s the nature of the business. So, it’s not that reporters never get injured incidentally in these things. But, as you saw, the flavor of this one was a little bit different. There was something indisciplined about the way the authorities were operating, and there was definitely something in the air that allowed the police to believe this kind of behavior was OK.

I believe that we exist to bear witness and to hold power to account, and that’s it. And if you’re not prepared to do that, then don’t be a reporter“

06.06.2020 - 13:16 [ CNN ]

Protests could spur coronavirus outbreaks, and protesters should get tested, the CDC chief says

(05.06.2020)

If you’ve marched in any recent protests, you may want to consider getting tested for the coronavirus.
That’s the recommendation of the director of the US Centers for Disease Control and Prevention, who said during a House Appropriations hearing on Thursday that anyone who participated should „highly consider“ getting tested.

06.06.2020 - 13:11 [ 1010wins.radio.com ]

NY judge rules NYPD can keep protest detainees over 24 hours

(04.06.2020)

Judge Burke ruled in favor of the NYPD because of the coronavirus pandemic. „Therefore, I find it is necessary because we are in a crisis caused by the COVID-19 coronavirus pandemic which prevents live arraignments, which in turn requires virtual arraignment which causes delay.“

05.06.2020 - 15:24 [ Common Dreams ]

ACLU Sues Trump Over ‚Shameless, Unconstitutional, Unprovoked, and Frankly Criminal‘ Assault on Peaceful Protesters

A coalition of civil rights groups including the ACLU of the District of Columbia is suing President Donald Trump, Attorney General William Barr, Defense Secretary Mark Esper, and other federal officials over the brutal police assault on peaceful demonstrators near the White House Monday that cleared the way for the president’s photo-op at St. John’s Episcopal Church.

05.06.2020 - 01:22 [ Washington Post ]

Civil liberties groups sue Trump, Barr for forcefully removing Lafayette Square protesters

n a federal lawsuit, the groups asserted that U.S. and military police officers’ use of horses, batons, shields and riot control agents — including pepper spray, smoke canisters and rubber or plastic projectiles — violated largely peaceful protesters’ constitutional rights of free speech and assembly 30 minutes before a citywide curfew took effect Monday.

The suit — which also names Attorney General William P. Barr as a defendant — was brought by the ACLU of the District of Columbia, the Washington Lawyers’ Committee and the Lawyers’ Committee for Civil Rights Under Law.

04.06.2020 - 07:44 [ theAtlantic.com ]

James Mattis Denounces President Trump, Describes Him as a Threat to the Constitution

We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution. At the same time, we must remember Lincoln’s “better angels,” and listen to them, as we work to unite.

Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad.

04.06.2020 - 07:24 [ Mike Mullen, Seventeenth chairman of the Joint Chiefs of Staff / theAtlantic.com ]

I Cannot Remain Silent

(02.06.2020)

I remain confident in the professionalism of our men and women in uniform. They will serve with skill and with compassion. They will obey lawful orders. But I am less confident in the soundness of the orders they will be given by this commander in chief, and I am not convinced that the conditions on our streets, as bad as they are, have risen to the level that justifies a heavy reliance on military troops. Certainly, we have not crossed the threshold that would make it appropriate to invoke the provisions of the Insurrection Act.

Furthermore, I am deeply worried that as they execute their orders, the members of our military will be co-opted for political purposes.

03.06.2020 - 17:02 [ the Hill ]

Pentagon chief does not support invoking Insurrection Act

„I’ve always believed and continue to believe that the National Guard is best suited for performing domestic support to civil authorities in these situations in support of local law enforcement,“ Esper said at a news conference Wednesday.

„I say this not only as secretary of Defense, but also as a former soldier and a former member of the National Guard, the option to use active duty forces in a law enforcement role should only be used as a matter of last resort and only in the most urgent and dire of situations,“ he added. „We are not in one of those situations now. I do not support invoking the Insurrection Act.“

03.06.2020 - 16:56 [ law.cornell.edu ]

10 U.S. Code § 252. Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

03.06.2020 - 09:59 [ the Hill ]

Trump stokes backlash with threat to use military against protesters

Governors in 28 states, as well as the District of Columbia, have activated their National Guards to help with crowd control, with the Guard Bureau saying Tuesday that 20,400 soldiers were responding to “civil unrest.”

Trump, though, is pushing for a fiercer response to quash the protests. In remarks Monday evening, he threatened to deploy troops across the country if governors do not “dominate” the protesters.

03.06.2020 - 09:52 [ James N. Miller / Washington Post ]

A letter to Defense Secretary Mark Esper

When I joined the Board in early 2014, after leaving government service as Under Secretary of Defense for Policy, I again swore an oath of office, one familiar to you, that includes the commitment to “support and defend the Constitution of the United States . . . and to bear true faith and allegiance to the same.”

You recited that same oath on July 23, 2019, when you were sworn in as Secretary of Defense. On Monday, June 1, 2020, I believe that you violated that oath. Law-abiding protesters just outside the White House were dispersed using tear gas and rubber bullets — not for the sake of safety, but to clear a path for a presidential photo op.

03.06.2020 - 09:47 [ CNN ]

Official resigns from Pentagon advisory board over Esper’s perceived support for clearing protest outside White House

A former top policy official at the Pentagon, James Miller, resigned from his role on the Defense Advisory Board due to what he said was Secretary of Defense Mark Esper’s visible support for law enforcement officers‘ clearing of protesters from Lafayette Square on Monday.

03.06.2020 - 03:16 [ The Washington Post ]

James N. Miller, former under secretary of defense for policy, has published his resignation letter from the Defense Science Board

Here it is.

02.06.2020 - 09:28 [ Mary Walsh, CBS News / Twitter ]

Senior defense official says President Trump has not invoked the Insurrection Act

(8 hours ago)

02.06.2020 - 09:03 [ The New York Times / Twitter ]

A U.S. military helicopter used a „show of force“ maneuver as protesters gathered in Washington, D.C. on Monday night. It’s a tactic often conducted by low-flying jets in combat zones to scare away insurgents.

Correction: We deleted an earlier tweet that misidentified the type of military helicopter pictured using a „show of force“ maneuver. It was a Lakota, not a Black Hawk. A Black Hawk was also seen using the tactic in Washington on Monday.

02.06.2020 - 08:58 [ CryptøManiac101 / Twitter ]

HAPPENING NOW: Blacked out Black Hawk Helicopters low flying throughout Washington DC

(4 hours ago)

02.06.2020 - 08:39 [ NBC News ]

Trump says he will deploy military if state officials can’t contain protest violence

The president said he was an „ally of all peaceful protesters“ as police and the National Guard forced protesters away from the White House.

01.06.2020 - 09:36 [ the Hill ]

O’Brien: Trump won’t assume control of National Guard amid protests over George Floyd death

White House national security adviser Robert O’Brien said Sunday that the Trump administration will not assume control of the National Guard amid protests erupting over the death of George Floyd.

“We’re not going to federalize the Guard at this time,” O’Brien told reporters at the White House, according to Reuters.

01.06.2020 - 09:32 [ theAtlantic.com ]

‘Don’t Ever Tell Law Enforcement to Shoot to Kill Your Own People’ – A dispatch from the brink of catastrophe

At least 25 cities across 16 states have imposed curfews as widespread protests continue.

This tense moment calls to mind another. In the aftermath of Hurricane Katrina in New Orleans, survivors searched for food and supplies, and tried to make it out of the flooded city. The national media fixated on scenes of “looting” and repeated rumors of “snipers,” describing New Orleans as a “city under siege.” President George W. Bush considered invoking the Insurrection Act, which gives the president the power to deploy military troops within the United States.

01.06.2020 - 08:01 [ Donald J. Trump, 45th President of the United States of America / Twitter ]

Crossing State lines to incite violence is a FEDERAL CRIME! Liberal Governors and Mayors must get MUCH tougher or the Federal Government will step in and do what has to be done, and that includes using the unlimited power of our Military and many arrests. Thank you!

(30.05.2020)

01.06.2020 - 06:52 [ whsv.com ]

Trump deems churches ‘essential,’ calls for them to reopen

(22.05.2020)

President Donald Trump on Friday labeled churches and other houses of worship as “essential“ and called on governors nationwide to let them reopen this weekend even though some areas remain under coronavirus lockdown.

The president threatened to “override” governors who defy him, but it was unclear what authority he has to do so.

30.05.2020 - 20:27 [ law.cornell.edu ]

10 U.S. Code § 252. Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

30.05.2020 - 20:23 [ Wikipedia ]

Posse Comitatus Act

There are a number of situations in which the Act does not apply. These include:

– National Guard units, state defense forces, and naval militias[15] while under the authority of the governor of a state. However, only the National Guard can be federalized under 10 U.S.C. § 12406, which shifts control from the state governor to the President, making them subject to the PCA as well.

– Federal troops used in accordance to the Insurrection Act, as was the case with the 1st Marine Division and 7th Infantry Division being sent to curtail the 1992 Los Angeles riots.

30.05.2020 - 20:22 [ Washington Post ]

Trump, Pentagon offer active-duty military forces and intelligence to help quell Minnesota unrest

Gov. Tim Walz (D.) acknowledged the offer as he announced that he was mobilizing the entire Minnesota National Guard. He did so after several nights of rioting in response to the death of George Floyd, a black man who was killed in police custody this week in Minneapolis while handcuffed and on video.

Walz downplayed the significance of the Pentagon’s offer to send U.S. armed forces, saying that “this has happened before” where groups from the 82nd Airborne Division and other parts of the Army are put “on readiness.”

“They’re not talking about mobilizing the entire United States Army,” Walz said. “We’re probably talking about in the neighborhood of several hundred” soldiers.

30.05.2020 - 13:05 [ CNN / Youtube ]

Violent George Floyd protests at CNN Center unfold live on TV

CNN’s Nick Valencia reports live from inside the CNN Center in Atlanta where demonstrations over the killing of George Floyd have turned violent.

29.05.2020 - 13:44 [ CNN ]

Minnesota governor apologizes for arrest of CNN team

CNN president Jeff Zucker spoke with the governor of Minnesota, Tim Walz on Friday morning, following the arrest of CNN’s team in Minneapolis,

Walz said he „deeply apologizes“ for what happened and is working to have the CNN team released immediately.

29.05.2020 - 13:13 [ CNN ]

A CNN crew has been arrested while covering Minneapolis protests

A CNN crew has been arrested while covering Minneapolis protests live on the air Friday morning.
Among those arrested was correspondent Omar Jimenez as he gave a report on CNN’s New Day shortly after 5 a.m. CT (6 a.m. ET).

28.05.2020 - 22:33 [ Evan Greer / Twitter ]

Here’s what’s happening: late last night @SpeakerPelosi attempted to ram through a reauthorization of #FISA and #PatriotAct surveillance authorities. But she had to cancel the vote at the last minute when it became clear she didn’t have even close to enough votes to pass it.

She’s trying to blame that on Trump tweeting about it, but the reality is that the vote was going to fail anyway because the entire Congressional Progressive Caucus (nearly 100 member of the House) came out against the bill after Pelosi let @RepAdamSchiff
gut a privacy amendment

Now @SpeakerPelosi
is trying to do an end-run around her own party and is going to attempt to sneak the reauthorization through by using an obscure congressional mechanism to reconcile a previous version of the bill the House passed with the version the Senate passed.

28.05.2020 - 22:29 [ Donald J. Trump, 45th President of the United States of America / Twitter ]

Thank you to our GREAT Republican Congressmen & Congresswomen on your incredibly important blockage last night of a FISA Bill that would just perpetuate the abuse that produced the Greatest Political Crime In the History of the U.S., the Russian Witch-Hunt. Fantastic Job!

28.05.2020 - 22:26 [ ]

The House just ditched a bill that would renew and expand the FBI’s surveillance powers after Trump threatened to veto it

The House of Representatives abandoned a plan to pass a reauthorization of the Patriot Act Thursday after President Donald Trump tweeted that he would veto the bill if it passes.

28.05.2020 - 22:18 [ CommonDreams.org ]

‚Just Let the Patriot Act Die You Cowards‘: House Lawmakers Urged to Vote Down Flawed Domestic Spy Bill

(27.05.2020)

As Common Dreams reported earlier, House Intelligence Committee Chair Rep. Adam Schiff was a target of specific ire for his role in sabotaging the amendment which sought to strengthen the bill’s privacy protections and judicial oversight. As Gizmodo’s Dell Cameron remarked after the day’s developments, „Although it’s really been something of a mass delusion for a while, the idea that Democrats are somehow better than Republicans on the Fourth Amendment is, as of this week, nothing short of a joke.“

The fact that the GOP-controlled Senate has managed to pass more progressive privacy reforms than the Democratic majority in the House, which has introduced precisely none, should not go unnoticed,“ Cameron added.

27.05.2020 - 21:07 [ CNN ]

Trump tweet throws House vote on government surveillance powers into doubt

The request to shelve the vote was the latest hurdle for legislation reauthorizing authorities from the 2001 Patriot Act that’s been squeezed both by FISA opponents who have pushed for more civil liberties protections and by the President and his allies furious over the role of the FISA court in the Russia investigation and the misconduct with warrants obtained on former Trump adviser Carter Page.

„I hope all Republican House Members vote NO on FISA until such time as our Country is able to determine how and why the greatest political, criminal, and subversive scandal in USA history took place!“ Trump tweeted on Tuesday evening.

27.05.2020 - 20:27 [ Warren Davidson, U.S. Congressman serving Ohio's 8th District. Constitutionalist and former Army Ranger / Twitter ]

Intel & war hawks fight to keep mass surveillance of American citizens in place, and keep America in more wars in more places. Now they want to stop reforms from becoming law so they can preserve the broken status quo. We need @realDonaldTrump to support these reforms & more.

27.05.2020 - 20:01 [ CBS News ]

House to vote on reauthorizing expired surveillance powers

The House is expected to vote on a bill reauthorizing expired national security surveillance authorities on Wednesday afternoon in a vote by proxy, a controversial rule change which allows members to vote on behalf of their absent colleagues. House Minority Leader Kevin McCarthy has called on Speaker Nancy Pelosi to pull the bill reauthorizing authorities under the Foreign Intelligence Surveillance Act, arguing that voting by proxy is unconstitutional.

25.05.2020 - 21:10 [ the Hill ]

Is a virtual Congress good enough for government work?

(17.05.2020)

The House Democrats’ plan to go virtual for committees and floor proceedings met fierce Republican insistence that Congress operate together in the Capitol when making important legislative decisions.

The Rules Committee spent more than six hours hearing from colleagues and considering over 30 amendments to a proposed new rule allowing the House to conduct floor votes through proxies designated by absent members, and to conduct virtual committee hearings and votes without proxies.

25.05.2020 - 21:03 [ the Hill ]

House members race to prepare for first-ever remote votes

Speaker Nancy Pelosi (D-Calif.) on Wednesday officially invoked a 45-day period for remote voting and committee work, which can be renewed as necessary as a way to reduce the risk of coronavirus contagion for lawmakers and anyone they come into contact with while the pandemic persists.

23.05.2020 - 07:45 [ Justin Amash, Abgeordneter im US Repräsentantenhaus / Twitter ]

Governor Whitmer cannot legitimately invoke emergency powers on an ongoing basis when the legislature is available to address COVID-19. It’s not an “emergency” under such circumstances. President Trump tried this nonsense with the wall and arms sales. The same principle applies.

17.05.2020 - 06:47 [ the Hill ]

Legal challenges to stay-at-home orders gain momentum

Opponents of stay-at-home orders got a major boost this week when the Wisconsin Supreme Court invalidated the state’s coronavirus health order, a decision that’s already generating momentum behind similar challenges across the country.

16.05.2020 - 14:18 [ New York Times ]

With Move to Remote Voting, House Alters What It Means for Congress to Meet

Some Republicans privately support a remote House, but sided with their leaders on Friday and voted against it anyway. The vast majority, though, have resisted the changes, calling Democrats’ decision to move ahead over their objections “the most significant power grab in the history of Congress.”

On the House floor on Friday, an unmasked Representative Jim Jordan, Republican of Ohio, accused Democrats of “suspending the Constitution,” and setting up a scheme where just 22 members “with 10 proxies in their back pocket could do the business of 300 million great people in this country.”

15.05.2020 - 13:26 [ USA TODAY Politics / Twitter ]

The decrease in social distancing isn’t just in states that have ended stay-at-home orders. It’s also in states where restrictions remain.

15.05.2020 - 13:07 [ mrrobert0124, living in Hawaii / Twitter ]

Lockdown for ANOTHER MONTH??? Who the hell voted for that Jackass IGE??? I hope the Hawaii Supreme Court sets us free like they did in Wisconsin! #endthelockdown #frickinggovernor #gestapostate

15.05.2020 - 12:47 [ Adriana Diaz / Twitter ]

Our story tonight. Wisconsin’s Supreme Court brings an end to statewide stay at home order…and there are celebrations in places that have been off limits for weeks: bars.

15.05.2020 - 12:44 [ Chris Wick / Twitter ]

Wisconsin’s supreme court has ruled that the governor’s ordered lockdown of the state is unconstitutional. Bars and restaurants threw their doors open to willing customers and the celebration was like the end of prohibition.

14.05.2020 - 06:07 [ CNN ]

Wisconsin Supreme Court strikes down state’s stay-at-home order

The Wisconsin Supreme Court has overturned the state’s stay-at-home order, ruling it „unlawful“ and „unenforceable“ in a high-profile win for the state’s Republican-led Legislature.

In a 4-3 decision Wednesday, the court ruled that Democratic Gov. Tony Evers‘ administration overstepped its authority when the state Department of Health Services extended the order to May 26.

13.05.2020 - 09:22 [ FoxWilmington.com ]

Rand Paul, citing Flynn case, proposes FISA amendment to curb surveillance of Americans

Sen. Rand Paul on Tuesday introduced an amendment to the House-passed Foreign Intelligence Surveillance Act to protect Americans’ privacy, citing the case against former national security adviser Michael Flynn as an example of “abuse” and saying it “should never be allowed to happen again.”

Paul, R-Ky., who is an outspoken advocate for privacy reforms, proposed an amendment to the USA FREEDOM Reauthorization Act of 2020 – which passed the House on a bipartisan basis earlier this year – to protect Americans’ privacy, ensure due process and “reassert the Fourth Amendment.”

13.05.2020 - 09:08 [ The Hill / Youtube ]

POWERFUL CONFRONTATION: Rand Paul and Anthony Fauci’s contentious Coronavirus exchange

„As much as I respect you, Dr. Fauci, I don’t think you’re the end all. I don’t think you’re the one person that gets to make a decision,“ Paul said. „We can listen to your advice, but there are people on the other side saying there’s not going to be a surge, that we can safely reopen the economy, and the facts will bear this out.“

13.05.2020 - 09:06 [ CNN ]

Sen. Rand Paul tells Dr. Fauci he isn’t the ‚end all‘

Dr. Anthony Fauci, the top US infectious diseases expert, defended his guidance to the federal government over how to respond to the Covid-19 outbreak, telling Sen. Rand Paul (R-KY) that „I have never made myself out to be the ‚end-all'“ and warning against „cavalier“ thinking that children could be immune to the disease’s effects.

08.05.2020 - 19:51 [ Washington Post ]

Five Republican governors: Our states stayed open in the covid-19 pandemic. Here’s why our approach worked.

Mark Gordon is governor of Wyoming. Pete Ricketts is governor of Nebraska. Asa Hutchinson is governor of Arkansas. Kim Reynolds is governor of Iowa. Mike Parson is governor of Missouri. They are all Republicans.

08.05.2020 - 16:55 [ Slate.com ]

How Modern Tyrants Use Terror Management to Consolidate Power – Be ready for an American Reichstag fire when it comes.

(04.04.2017)

The sudden disaster that requires the end of checks and balances, the dissolution of opposition parties, the suspension of freedom of expression, the right to a fair trial, and so on—this is the oldest trick in the Hitlerian book. Do not fall for it. Modern tyrants are terror managers. Do not allow your shock to be turned against your freedom. When the terrorist attack comes, remember that aspiring tyrants exploit such events in order to change regimes and to consolidate power.

06.05.2020 - 14:47 [ LA Times ]

Photos of raucous protests around the state | Demonstrators demand stay-at-home order be lifted

Raucous protests erupted around California this week as demonstrators demanded that Gov. Gavin Newson’s stay-at-home order be lifted.