Trump plans to send in the troops this time
I wrote below about the militias that are working up a froth over the possibility of Trump losing yet again. It’s pretty unnerving. But we should also be unnerved by what will happen if Trump wins, especially if his “win” is due to the courts validating some right wing scheme to invalidate the election results in his favor resulting in widespread protests. The NY Times reports (gift link):
During his time out of power, allies of Mr. Trump have worked on policy papers to provide legal justifications for the former president’s intent to use the military to enforce the law domestically. In public, they have talked about this in the context of border states and undocumented immigrants. But an internal email from a group closely aligned with Mr. Trump, obtained by The Times, shows that, privately, the group was also exploring using troops to “stop riots” by protesters.
While governors have latitude to use their states’ National Guards to respond to civil disorder or major disasters, a post-Civil War law called the Posse Comitatus Act generally makes it a crime to use regular federal troops for domestic policing purposes. However, an 1807 law called the Insurrection Act creates an exception to that ban. It grants presidents the emergency power to use federal troops on domestic soil to restore law and order when they believe a situation warrants it. Those federal troops could either be regular active-duty military or state National Guard soldiers the federal government has assumed control over.
The Insurrection Act was last invoked in 1992, when President George H.W. Bush sent troops to help suppress riots in Los Angeles following the acquittal of white police officers who had been videotaped beating a Black motorist, Rodney King. In that case, however, the governor of California, Pete Wilson, and the mayor of Los Angeles, Tom Bradley, had asked for federal assistance to restore order.
But parts of the Insurrection Act also allow presidents to send in troops without requiring the consent of a governor. Presidents last invoked the act to deploy troops without the consent of state authorities in the late 1950s and early 1960s during the civil rights movement, when some governors in the South resisted court-ordered school desegregation.
Mr. Trump has boasted that, if he returns to the White House, he will dispatch forces without any request for intervention by local authorities. At a campaign rally in Iowa last year, for example, he vowed to unilaterally use federal forces to “get crime out of our cities,” specifically naming New York, Chicago, Los Angeles and San Francisco as “crime dens” he pointedly noted were run by Democrats.
“You look at what is happening to our country — we cannot let it happen any longer,” Mr. Trump said. “And one of the other things I’ll do — because you are not supposed to be involved in that, you just have to be asked by the governor or the mayor to come in — the next time, I am not waiting.”
This is not some Project 2025 wingnut wet dream. This is Trump all the way. He is dying to declare war on his political opponents and I mean that literally. He wants to use the military to deport millions of immigrants and he wants to use it against American citizens who refuse to bow down. This is fundamental. He will outsource most policies to his henchmen like Styephen Miller and Russell Vought. This is one he personally cares about.