Still, Trump may indeed be defeated. If that happens, he and his supporters must honor the outcome. But a question repeatedly asked of Trump should be more often asked of his foes: If Trump wins, will they accept the results?
The Interregnum comprises 79 days, carefully bounded by law. Among them are “the first Monday after the second Wednesday in December,” this year December 14, when the electors meet in all 50 states and the District of Columbia to cast their ballots for president; “the 3d day of January,” when the newly elected Congress is seated; and “the sixth day of January,” when the House and Senate meet jointly for a formal count of the electoral vote. In most modern elections these have been pro forma milestones, irrelevant to the outcome. This year, they may not be.
“Our Constitution does not secure the peaceful transition of power, but rather presupposes it,” the legal scholar Lawrence Douglas wrote in a recent book titled simply Will He Go?
In response to the Court’s ruling, the governor incorrectly stated that the decision is not effective for another 21 days: Under Michigan Court Rule 7.315(C)(4), “unless otherwise ordered by the Court, an order or judgment is effective when it is issued…” Not 21 days later. Immediately. Her emergency powers are over, and either the Court or the attorney general should publicly clarify that Whitmer’s executive orders no longer have any force of law.
She warned the court order doesn’t take effect for another 21 days and some of the measures put in place to control the virus can continue under „alternative sources of authority not at issue in today’s ruling.“
The court ruled that Whitmer lacked authority under each of the two laws that govern states of emergency in Michigan to extend the state of emergency passed April 30, when her first state of emergency declaration expired, according to Mlive.com. Those two laws are the 1976 Emergency Management Act (EMA) and the 1945 Emergency Powers of the Governor Act (EPGA).
The Michigan Supreme Court ruled on Friday that Gov. Gretchen Whitmer lacked the authority after April 30 to declare a state of emergency under the 1976 Emergency Management Act.
The court also ruled that the 1945 Emergency Powers of the Governor Act (EPGA) was unconstitutional, and that it did not provide a basis for Gov. Whitmer to exercise emergency powers.
Republicans are hopeful that they can get Barrett confirmed to the high court before Election Day.
President Trump returned to the White House on Monday night, staging a defiant, made-for-television moment in which he ripped off his face mask and then urged the nation to put aside the risks of the deadly coronavirus that has swept through his own staff and sent him to the hospital for three days.
Trotz der Corona-Infektion zweier beteiligter Senatoren soll die Nachbesetzung des freien Postens am Obersten Gericht der USA planmäßig stattfinden. Die Kandidatin Amy Coney Barrett solle wie angekündigt vom 12. Oktober an angehört werden, so der Vorsitzende des Justizausschusses, Lindsey Graham. Die Senatoren könnten daran nach Wunsch auch per Video teilnehmen.
Despite the concerns, Senate Republican leaders say they want to move ahead with confirmation hearings for Barrett, which are slated to begin Oct. 12. Both Lee and Tillis are members of the 22-member Senate Judiciary Committee that will hold the hearings and ultimately decide whether his confirmation will move forward for a vote in the full Senate.
Two Republican senators on the pivotal Judiciary Committee have tested positive for the coronavirus after attending White House events last week announcing Mr. Trump’s nominee for the Supreme Court, Judge Amy Coney Barrett, throwing the future of her Supreme Court confirmation hearings into question.
But by Friday evening, with the White House and Congress in turmoil and two Republican members of the Judiciary Committee, Senators Mike Lee of Utah and Thom Tillis of North Carolina, among those announcing they had tested positive for the virus, it was clear that the challenge had grown steeper.
Top Republicans insisted they would move ahead at an uncommonly swift pace to hold hearings on Judge Barrett’s nomination by Oct. 12, send her nomination to the full Senate by Oct. 22 and confirm her as soon as Oct. 26, eight days before Election Day — even if it meant breaking Senate norms and considering a lifetime judicial nomination by videoconference.
Der New York Times zufolge sagen Beamte des Pentagon, ein solches Szenario sei absurd. Unter keinen Umständen würde ein Vorsitzender der Joint Chiefs of Staff Navy SEALs oder Marines entsenden, um Trump aus dem Weißen Haus zu holen. Wenn nötig, würde eine solche Aufgabe den U.S. Marshals oder dem Secret Service obliegen.
The Senate passed a resolution on Thursday reaffirming its support for a peaceful transition of power, one day after President Trump refused to commit to such a transition next year if he loses in the November election.
The resolution, offered by Democratic Sen. Joe Manchin (W.Va.), passed by unanimous consent, meaning no senator objected to it.
Trump und die Republikaner wollen den freien Platz im Supreme Court noch vor der Wahl am 3. November besetzen. Die nötige Mehrheit im Senat haben sie offenbar. Möglich wäre eine Abstimmung Ende Oktober.
WASHINGTON — President Trump has selected Judge Amy Coney Barrett, the favorite candidate of conservatives, to succeed Justice Ruth Bader Ginsburg and will try to force Senate confirmation before Election Day in a move that would significantly alter the ideological makeup of the Supreme Court for years.
I have worked for over 30 years in competitive strategy. I teach it to future business and policy leaders, diplomats, global development leaders and social entrepreneurs. I have been a leader of the competitive strategy practices in two influential global consulting firms, where I advised CEOs, boards and policy heads. My academic training is as a game theorist, the science of figuring out your next move while anticipating the competitor’s moves to follow. Despite these credentials, I have never been invited to advise Donald Trump on competitive strategy.
Extrem polarisierende Kandidaten haben in Deutschland also keine Chance.
CDU/CSU und SPD wechseln sich seit Jahrzehnten mit dem Vorschlagsrecht ab. Inzwischen haben auch die Grünen und die FDP Richterinnen und Richter vorgeschlagen. Trotz des Vorschlagsrechts einer Partei muss für die Wahl die nötige Zweidrittelmehrheit gefunden werden.
History favors presidents filling such slots when their party controls the Senate. That Democrats are upset Trump gets to make another appointment to the court doesn’t change history or amend the Constitution.
„Es wird eine Frau sein“, so Trump bei einem Wahlkampfauftritt im Bundesstaat North Carolina. Als mögliche Kandidatinnen nannte er die beiden Bundesrichterinnen Amy Coney Barrett und Barbara Lagoa. Sie würden beide „sehr respektiert“. Er werde seine Wahl vermutlich in der kommenden Woche bekanntgeben.
Gemäß der US-Verfassung bestimmt der Präsident die Richter des Obersten Gerichtshofs und der Senat muss dem Vorschlag zustimmen.
Justice Ruth Bader Ginsburg, the liberal leader of the Supreme Court and a trailblazing champion of women’s rights, died Friday. She was 87 years old.
The Supreme Court said in a statement that Ginsburg died „surrounded by her family at her home in Washington, D.C., due to complications of metastatic pancreas cancer.“
Sie habe sich ein bisschen als Kindergartenlehrer verstanden, sagte sie, „weil die Richter nicht glaubten, dass es Geschlechterdiskriminierung gibt.“
Sie sei eine Magnolie aus Stahl, sagt die Richterin Sonja Sotomayor einmal über ihre Kollegin in einer Talkshow: Sie sei außen zart, aber sie habe eine eiserne Rute hinter sich.
Today, President Donald J. Trump announced the following additions to his Supreme Court List:
Trump warnte im Fall seiner Wahlniederlage im November vor einer Übernahme des Obersten Gerichts durch „radikale Linke“. „Unglücklicherweise gibt es eine wachsende linksradikale Bewegung, die das Prinzip der Gleichbehandlung vor dem Gesetz ablehnt“, sagte Trump im Weißen Haus.
Trump’s repeated complaints questioning the election’s validity have triggered unprecedented worries about the potential for chaos surrounding the election results. Some have speculated that the military might be called upon to get involved, either by Trump trying to use it to help his reelection prospects or as, Democratic challenger Joe Biden has suggested, to remove Trump from the White House if he refuses to accept defeat. The military has adamantly sought to tamp down that speculation and is zealously protective of its historically nonpartisan nature.
Die für eine westliche Demokratie bemerkenswerte Stellungnahme kam nach einer Anfrage aus dem US-Kongress zustande.
In a sign of the growing concern that President Trump might not leave office voluntarily or might attempt to use the military to hold onto power, two moderate Democratic lawmakers posed a series of written questions to the secretary of defense and the military’s top general about their obligations to the Constitution and the country.
Reps. Elissa Slotkin (D-Mich.) and Mikie Sherrill (D-N.J.) addressed their questions in writing to Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff, and Defense Secretary Mark T. Esper, setting a deadline of Thursday evening.
Both Congress and the Supreme Court have stopped meeting out of fear of physical contact, even though the technology exists to allow officials to continue working in virtual spaces. Legal barriers could be removed to allow such a shift to a type of virtual democracy, but the main barrier seems to be conceptual and cultural.
We must not allow a constitutional system to wither like a starving man staring at an apple tree but incapable of imagining a stick.
Today, using the coronavirus as an excuse, the Democrats seek to abolish how we conduct elections in the United States.
Our current system of voting came into being as a result of a great progressive reform movement in the latter part of the 19th century and early 20th century.
Ardent progressive reformers, like the socialist Henry George in 1886, strove to prevent corruption in the electoral process. The progressive reformers championed a system of voting by an official ballot printed at public expense by a neutral authority. Previously political parties had printed their own ballots and ward bosses paid people to vote for their candidates, stuff ballots and vote repeatedly.
The system was intimidating and enormously corrupt. A supervisory public authority was necessary to monitor balloting, ensure fairness, and provide the necessary element of voter secrecy.
The new structure of reform called the ‚Australian ballot‘, (named from its place of origin) specifies that a citizen coming to the poll be registered to vote and identified. At the poll, he gives his name and address. He receives an official ballot; marks it in the secrecy of a booth and hands it in to be counted.
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.
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.“
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.
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.
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.
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.
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.”
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.
Democrat Congresswoman Jim Clyburn compared federal law enforcement to Nazi Germany Gestapo, when he appeared on CNN on 7/20/2020.
“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.).
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.
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.
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.
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)
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.
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
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.
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.
The Supreme Court ruled unanimously Monday that states can require presidential electors to back their states’ popular vote winner in the Electoral College.
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.
„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!“
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.
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.
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.
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.
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.
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.
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.
“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.
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.
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.
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.
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.
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.
Vice presidents and presidents are sometimes encouraged to not be in the same location at the same time.
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.”
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.
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.
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
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.
„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“
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.
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.“
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.
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.
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.
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.
„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.“
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.
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.
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.
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.
Here it is.
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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.
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