@no1marauder saidThe POTUS cannot deploy the National Guard without invoking the insurrection act. Trump authorized the National Guard for the Mayor of DC to accept or decline days before the protest. She declined.
Because no order to deploy the National Guard was given for hours.
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@no1marauder saidYour source of information is wrong.
My link already explained that the DC National Guard is not subject to the Posse Comitatus Act:
"But even though the D.C. Guard is always under the president’s control, the U.S. Department of Justice has long maintained the legal fiction that it can operate in a non-federal “militia” status. [b]That means the president can use the D.C. Guard as a domestic polic ...[text shortened]... .org/our-work/analysis-opinion/dcs-national-guard-should-be-controlled-its-mayor-not-president-trump
Show me using the law if you think such an exception to the Posse Comitatus Act exists. The Insurrection Act is the exception under the constitution. I think your problem with Trump is that he didn't invoke the Insurrection Act soon enough for you. He waited until the CB was breached.
@metal-brain saidI've already shown that is BS.
The POTUS cannot deploy the National Guard without invoking the insurrection act. Trump authorized the National Guard for the Mayor of DC to accept or decline days before the protest. She declined.
Trump has authority to deploy the DC National Guard when he pleases as he himself admitted and as he did in June 2020.
Stop believing such obvious lies.
@metal-brain saidLMAO!
Your source of information is wrong.
Show me using the law if you think such an exception exists.
I already did in June 2020 Trump deployed the DC National Guard to Washington during the George Floyd protests.
And Trump himself said he "immediately deployed the National Guard"!
@no1marauder saidNo, he authorized the National Guard to Washington during the George Floyd protests. Or he invoked the insurrection act.
LMAO!
I already did in June 2020 Trump deployed the DC National Guard to Washington during the George Floyd protests.
And Trump himself said he "immediately deployed the National Guard"!
Show me the law that states your fantasy claim. Don't use a website nobody has heard of.
@metal-brain saidNo, he ordered them there and then he ordered them out. He never used the Insurrection Act because he had no need to.
No, he authorized the National Guard to Washington during the George Floyd protests. Or he invoked the insurrection act.
Show me the law that states your fantasy claim. Don't use a website nobody has heard of.
I've given multiple citations including the DC National Guard, its commanding General and Donald Trump's mouth all refuting Patel's claim - which he presented nothing to support.
@metal-brain saidHe never invoked the Insurrection Act.
Your source of information is wrong.
Show me using the law if you think such an exception to the Posse Comitatus Act exists. The Insurrection Act is the exception under the constitution. I think your problem with Trump is that he didn't invoke the Insurrection Act soon enough for you. He waited until the CB was breached.
@no1marauder said"No, he ordered them there and then he ordered them out."
No, he ordered them there and then he ordered them out. He never used the Insurrection Act because he had no need to.
I've given multiple citations including the DC National Guard, its commanding General and Donald Trump's mouth all refuting Patel's claim - which he presented nothing to support.
When? For what reason?
How do you know he did not invoke the insurrection act?
Prove what you are saying.
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@metal-brain saidI already told you; he ordered the DC National Guard in because of the George Floyd protests in Washington, DC. I even gave you a quote where he specifically ordered them out again.
"No, he ordered them there and then he ordered them out."
When? For what reason?
How do you know he did not invoke the insurrection act?
Prove what you are saying.
This is a waste of my time, but here is a DOJ Memoranda specifically stating the Posse Comitatus law does not apply to the DC National Guard or if it did, Congress has overridden it by statute:
Application of the Posse Comitatus Act to a National Guard depends on whether that National Guard is acting in its status as militia for the particular State or territory or the District of Columbia, or rather has been called into federal service by the President. Under the Posse Comitatus Act, the
use of the Army or the Air Force to execute the laws is prohibited “except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.” 18 U.S.C. § 1385. Since by its terms the Posse Comitatus Act applies only to the use of the Army or the Air Force, it applies to a National Guard only when it has been put into federal service as part of the Army or Air Force.4 Since the described use for the District
of Columbia National Guard would be for it in its militia rather than federal service capacity, it is not prohibited by the Posse Comitatus Act.
Moreover, even if the Posse Comitatus Act applied to the described use, it would not prohibit the use because it is authorized by an Act of Congress: Act of March 1, 1889, ch. 328, 25 Stat. 772, which enacted the D.C. Code. Section 39-602 of the D.C. Code authorizes the Commanding General of the National Guard to “order out any portion of the National Guard for such drills, inspections, parades, escort, or other duties, as he may deem proper.” The authorization to order out the Guard for “other
duties, as he may deem proper” has long been viewed as broad enough to include law enforcement activities.5 In 1963, for example, this Office interpreted section 39-602 to authorize
the President to request or urge the commanding general to
use the National Guard in support of activities of the District
of Columbia police whenever he feels that the welfare, safety, or interest of the public would be served thereby.
Schlei Opinion, at 3. This natural reading of section 39-602 is especially appropriate in light of section 39-104 of the Code, which makes it clear that the National Guard, acting as militia, may be “called ... to aid the civil authorities in the execution of the laws.” Relying on section 39-602, the National Guard has been used in its militia capacity to support law enforcement activities of the District of Columbia Metropolitan Police, both in the course of presidential inaugurations and in the case of large demonstrations.
https://www.justice.gov/file/24191/download
"
@metal-brain saidWhat is the source of yours besides Patel?
Never?
What is your source of information?
@metal-brain saidTrump had an Insurrection Act proclamation drafted in June 2020 but never used it. https://www.forbes.com/sites/charlestiefer/2021/06/25/an-insurrection-act-proclamation-was-prepare-for-trump-by-his-aides-during-dc-protests/?sh=7c68feb94d77
Never?
What is your source of information?
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@no1marauder saidIt doesn't matter. Trump authorized NG for DC before the protests. Bowser refused.
I already told you; he ordered the DC National Guard in because of the George Floyd protests in Washington, DC. I even gave you a quote where he specifically ordered them out again.
This is a waste of my time, but here is a DOJ Memoranda specifically stating the Posse Comitatus law does not apply to the DC National Guard or if it did, Congress has overridden it by stat ...[text shortened]... and in the case of large demonstrations.
https://www.justice.gov/file/24191/download
"
@metal-brain saidJesus H Christ.
It doesn't matter. Trump authorized NG for DC before the protests. Bowser refused.
You are so brainwashed it is pitiful.
@no1marauder saidRight, because democrats objected to him invoking it.
Trump had an Insurrection Act proclamation drafted in June 2020 but never used it. https://www.forbes.com/sites/charlestiefer/2021/06/25/an-insurrection-act-proclamation-was-prepare-for-trump-by-his-aides-during-dc-protests/?sh=7c68feb94d77
This is irrelevant to the issue. It takes time for the national guard to be called up and come to where they are supposed to come. It is like you think they can be like Marvin the Martian and make instant NG by adding water like making instant Martians.
Trump authorized deployment of the NG to DC. Bowser declined foolishly. So did Pelosi. They are to blame.