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With help of the Brookings Institute, Obama Admin seeks overhaul of Insurrection Act
Posted on 4/10/24 at 2:06 pm
Posted on 4/10/24 at 2:06 pm
Just in time for November. It would appear the deep state has some tricks planned that they estimate some won't agree with.
I find it shady AF that our gov't is allowed to "farm out" legal support to anyone or any group. These external groups exert political pressure/influence on Congress and POTUS. In my opinion, this is the work our members of congress should be doing instead of being force fed by external entities.
ThePoliticsBrief
I find it shady AF that our gov't is allowed to "farm out" legal support to anyone or any group. These external groups exert political pressure/influence on Congress and POTUS. In my opinion, this is the work our members of congress should be doing instead of being force fed by external entities.
quote:
“Revising the Insurrection Act in these respects will address the major concerns with the statute,” Goldsmith said in a news release by The American Law Institute. “The principles suggest specific, common-sense reforms and are designed to allow members of both parties to find common ground. At the same time, these modest and reasonable changes would be historic — providing necessary checks and balances where none currently exist before they are ever needed.”
“There is agreement on both sides of the aisle that the Insurrection Act gives any president too much unchecked power,” he added. “The Principles for Insurrection Act Reform proposes a set of core standards to guide constitutionally sound, bipartisan reform that aims to address the Act’s flaws while reflecting the need for U.S. armed forces to remain available in extreme cases to respond to domestic threats.”
quote:
On Monday, a bipartisan group called by the American Law Institute and led by former Obama White House Counsel Bob Bauer and former George W. Bush administration Assistant Attorney General Jack Goldsmith released a set of “Principles for Insurrection Act Reform.”
The panel of legal experts recommended changes to the federal law that allows the president to deploy troops on U.S. soil “in cases of insurrections.”
The principles propose that the Insurrection Act be revised to clarify that the president cannot deploy military troops until “the violence [is] such that it overwhelms the capacity of federal, state, and local authorities to protect public safety and security.”
It also recommends Congress to enact reporting and consultation procedures, as well as time limits, for presidential deployments under the act, such as:
Requiring the president to report to Congress, within 24 hours of deployment, on the need to invoke the Insurrection Act and on consultations held with state authorities.
Limiting the president’s authority to deploy troops under the act to a maximum of 30 days absent renewed congressional authorization.
Establishing a fast-track procedure for Congress to vote on renewal of presidential authority under the act.
Prior contact with the governor is required before sending soldiers into any state.
The Brookings Institute in 2022 posted a lengthy critique of the Insurrection Act and why it poses a threat to Americans.
The Insurrection Act needs a major overhaul. Originally enacted in 1792, the law grants the president the authority to deploy the U.S. military domestically and use it against Americans under certain conditions. While there are rare circumstances in which such authority might be necessary, the law, which has not been meaningfully updated in over 150 years, is dangerously overbroad and ripe for abuse.
The left-wing think tank defines the authority of the Insurrection Act in a time of “crisis.”
Invoking the Insurrection Act temporarily suspends the Posse Comitatus rule and allows the president to deploy the military to assist civilian authorities with law enforcement. That might involve soldiers doing anything from enforcing a federal court order to suppressing an uprising against the government. Of course, not every domestic use of the military involves law enforcement activity. Other laws, such as the Stafford Act, allow the military to be used to respond to natural disasters, public health crises, and other similar events without waiving the restrictions of the Posse Comitatus Act.
In theory, the Insurrection Act should be used only in a crisis that is truly beyond the capacity of civilian authorities to manage. However, the Insurrection Act fails to adequately define or limit when it may be used and instead gives the president significant power to decide when and where to deploy U.S. military forces domestically.
The think tank states that “Section 251 allows the president to deploy troops if a state’s legislature (or governor if the legislature is unavailable) requests federal aid to suppress an insurrection in that state. This provision is the oldest part of the law, and the one that has most often been invoked.”
And there is also Section 252, which permits deployment in order to “enforce the laws” of the United States or to “suppress rebellion” whenever “unlawful obstructions, combinations, or assemblages, or rebellion” make it “impracticable” to enforce federal law in that state by the “ordinary course of judicial proceedings.”
ThePoliticsBrief
Posted on 4/10/24 at 2:09 pm to TigerB8
quote:
The Brookings Institute in 2022 posted a lengthy critique of the Insurrection Act and why it poses a threat to Americans.
The Insurrection Act needs a major overhaul. Originally enacted in 1792, the law grants the president the authority to deploy the U.S. military domestically and use it against Americans under certain conditions. While there are rare circumstances in which such authority might be necessary, the law, which has not been meaningfully updated in over 150 years, is dangerously overbroad and ripe for abuse.
I'm going to make a spreadsheet of guys posting about rescinding FISA and 702 who are angry at this.
Posted on 4/10/24 at 2:11 pm to TigerB8
They want to change it before Trump gets back into office.
Posted on 4/10/24 at 2:16 pm to SlowFlowPro
quote:
I'm going to make a spreadsheet of guys posting about rescinding FISA and 702 who are angry at this.
Under current FISA Rules, the gov't has already shown it will not adhere to the guidelines in place (abuse).
The move to update the Act can be viewed as "humanitarian", however we know that they are not capable of simply updating anything without trying to frick over the everyday American citizen.
Posted on 4/10/24 at 2:16 pm to SlowFlowPro
quote:
I'm going to make a spreadsheet of guys posting about rescinding FISA and 702 who are angry at this.
You ever think about putting some effort into losing your virginity?
Posted on 4/10/24 at 2:17 pm to SlowFlowPro
quote:
I'm going to make a spreadsheet of guys posting
What’s it with you Democrats and your lists?
Posted on 4/10/24 at 2:26 pm to TigerB8
The burden is on the government to prove that it is legitimate, in compliance with the Constitution, and not an adversary to the People or the manifest tenor or the Constitution.
All insurrection cases (and this Act) should make it clear that a jury must affirmatively find that the government is in "good standing", before a criminal trial can proceed.
The way things are now, the government can become overtly tyrannical and when faced with proper insurrection / rebellion from the People, it can arrest and prosecute them. That is unconstitutional.
As for the President's powers, it seems clear that the left (Obama) is planning massive unrest or looking to neuter a future president from taking action at the border and with regard to the invasion force that is millions strong, residing within our country.
All insurrection cases (and this Act) should make it clear that a jury must affirmatively find that the government is in "good standing", before a criminal trial can proceed.
The way things are now, the government can become overtly tyrannical and when faced with proper insurrection / rebellion from the People, it can arrest and prosecute them. That is unconstitutional.
As for the President's powers, it seems clear that the left (Obama) is planning massive unrest or looking to neuter a future president from taking action at the border and with regard to the invasion force that is millions strong, residing within our country.
Posted on 4/10/24 at 2:33 pm to 1BIGTigerFan
quote:
They want to change it before Trump gets back into office
Ding
Posted on 4/10/24 at 2:41 pm to SlowFlowPro
quote:
I'm going to make a spreadsheet of guys posting about rescinding FISA and 702 who are angry at this.
The Nazis kept a lot of spreadsheets too.
fricking Nazi scum.
Posted on 4/10/24 at 2:48 pm to TigerB8
Strobe Talbott, Igor Danchenko, Fiona Hill, Christopher Steele, Victoria Nuland...All roads of the Russian Collusion Hoax lead back to people associated with the Brookings Institute.
Six Degrees of Brookings by Jonathan Turley.
Six Degrees of Brookings by Jonathan Turley.
Posted on 4/10/24 at 2:50 pm to TigerB8
quote:
The move to update the Act can be viewed as "humanitarian", however we know that they are not capable of simply updating anything without trying to frick over the everyday American citizen.
Well, you're right. The overlap should be more distinctive.
The comparison will be guys wanting FISA rescinded who are upset overhauling the Insurrection Act will remove power from Trump.
So they want less big government for their perceived opposition, and more big government for their perceived side.
Posted on 4/10/24 at 2:51 pm to TigerB8
I’m confused with all this lawyer-speak.
Does this proposal strengthen or weaken the Insurrection Act?
If it strengthens it, it’s because the Democrats plan on stealing the election again and they know there’ll be a real, armed insurrection this time.
Does this proposal strengthen or weaken the Insurrection Act?
If it strengthens it, it’s because the Democrats plan on stealing the election again and they know there’ll be a real, armed insurrection this time.
Posted on 4/10/24 at 2:53 pm to SlowFlowPro
Mate why don't you just root for Trump to win? Seeing the entire left melt will be so much greater schadenfreude that the little crumbs you get from trolling Patriots on PT.
Posted on 4/10/24 at 2:57 pm to SirWinston
quote:
Seeing the entire left melt will be so much greater schadenfreude
You must have missed my post earlier.
If I were to write a book about the online experience in the Trump era, it would be "Based to Boomers".
You've let boomers control the online ecosystem. That schadenfreude will be very meh.
Patriots have melted so much harder than the libs did after Trump won. It's a big part of why so many boomers entered the space. Q was the final nail.
Posted on 4/10/24 at 3:01 pm to TigerB8
quote:
I find it shady AF that our gov't is allowed to "farm out" legal support to anyone or any group. These external groups exert political pressure/influence on Congress and POTUS. In my opinion, this is the work our members of congress should be doing instead of being force fed by external entities.
This happens at all levels. The Louisiana Law Institute, for example, is made up of many law professors and experts in their fields. They make recommendations to clear up conflicts of law and perform studies in areas the Legislature asks them to.
Many members of Legislative bodies (including Congress) have little to no experience or knowledge writing laws. Groups like this can help.
Posted on 4/10/24 at 3:03 pm to SlowFlowPro
quote:
I'm going to make a spreadsheet of guys posting about rescinding FISA and 702 who are angry at this.
Why do you keep harping on people here being angry at any mention of rescinding 702?? Is there anyone?? Am I logged on at the wrong time??
Posted on 4/10/24 at 3:04 pm to TigerB8
They know what's coming, and they know what they're planning on attempting to frame on patriotic Americans when they seethe and riot in an effort to postpone the inevitable.
Posted on 4/10/24 at 3:06 pm to bhtigerfan
quote:
I’m confused with all this lawyer-speak.
Does this proposal strengthen or weaken the Insurrection Act?
If it strengthens it, it’s because the Democrats plan on stealing the election again and they know there’ll be a real, armed insurrection this time.
It creates more checks on the power and when/how long it can be used.
quote:
It also recommends Congress to enact reporting and consultation procedures, as well as time limits, for presidential deployments under the act, such as:
Requiring the president to report to Congress, within 24 hours of deployment, on the need to invoke the Insurrection Act and on consultations held with state authorities.
Limiting the president’s authority to deploy troops under the act to a maximum of 30 days absent renewed congressional authorization.
Establishing a fast-track procedure for Congress to vote on renewal of presidential authority under the act.
Prior contact with the governor is required before sending soldiers into any state.
That sounds pretty reasonable.
Posted on 4/10/24 at 3:08 pm to TigerB8
quote:
The principles propose that the Insurrection Act be revised to clarify that the president cannot deploy military troops until “the violence [is] such that it overwhelms the capacity of federal, state, and local authorities to protect public safety and security.”
And to also clarify that it’s never to be used in times of Fiery but peaceful protest and for any breach of Capitol security to protest a nominee by a republican president or to protest an agenda the left holds dear. See current application of “obstructing an official proceeding” use for clarification.
Posted on 4/10/24 at 3:10 pm to 1BIGTigerFan
quote:
They want to change it before Trump gets back into office.
Absolutely this.
Skullduggery quotient goes up in direct proportion to the number of weasel phrases like, “designed to allow members of both parties to find common ground.” ,”modest and reasonable changes”, “constitutionally sound, bipartisan reform”, and “a bipartisan group called by the American Law Institute and led by former Obama White House Counsel Bob Bauer and former George W. Bush administration Assistant Attorney General Jack Goldsmith.”
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