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Rob Bonta

๐Ÿ‘ค Speaker
560 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

different than the other statute that he used, 10 USC 406 and some other statutes is that it's a exception to the Posse Comitatus Act.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So if he invokes Insurrection Act and deploys military in American cities,

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The Posse Comitatus Act, which generally prohibits the military from engaging in civilian law enforcement, it doesn't apply.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The military can engage in civilian law enforcement if the Insurrection Act is invoked.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And the...

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

president and those around him have a very robust, that's a euphemism, I think it's unlawful, unconstitutional view of federal power when it comes to the military.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

I think that they think that they can invoke the Insurrection Act for any reason or no reason at all, and they can't be questioned and courts can't stop them and that it's not reviewable by any judge.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

even if there's nothing close to an insurrection.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And let's be clear, there is nothing close to an insurrection anywhere in the United States of America.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

There's no basis, not even close to lawfully invoke the Insurrection Act.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But the president wants the power.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's what he seeks.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And if he says there's an insurrection, he likes the power that comes with it.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

and the exception to the Posse Comitatus Act and the ability to move the military into blue cities.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And that's why the threshold is so high that there has to be an actual insurrection for 10 U.S.C.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

12406.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

There had to be an invasion or a rebellion or an inability to execute the laws with the, they call it the regular forces in that statute.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

high thresholds, these are emergency powers, exigent powers, powers to rarely are there facts on the ground that justify them.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But there's a saying that emergency powers beget emergencies and that the executive branch sees an emergency everywhere they look, not because there's actually an emergency, but because they like the power if there were an emergency.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So that's why Stephen Miller is saying everything is an invasion.