Let's talk about Trump, suits, and boots on the ground....

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Belle of the Ranch 4 min 1 speaker 6 chapters transcribed 1 month ago

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What lawsuits have been filed against Trump’s plan to deploy troops inside the U.S.?

Belle of the Ranch 0:01

Well, howdy there internet people, it's Belle again. So today we're going to talk about Trump suits and boots on the ground. Trump's desire to use the might of the American military within the borders of the US has led to a flurry of suits being filed by Oregon, California, Chicago, and Illinois. Trump tried to deploy troops to Portland over a one block area. The move was blocked by a judge he appointed. It appears the administration tried to circumvent that order by sending troops from California, but that too was blocked by the judge. Meanwhile in Chicago, a judge declined to block that deployment. Now Trump has brought up the use of the insurrection act of eighteen oh seven.

How did judges block Trump’s attempts to send troops to Portland and California?

Belle of the Ranch 0:54

There's a couple of interesting things about this. First, in what wasn't entirely expected, it shows the administration or at least the commanders he would be trying to order to move in. are following the law. See, right now the deployments are under a different authorization. He's leaning in to Title ten authorizations currently, which is more narrow. His talk of invoking the Insurrection Act, which is a wider authorization, suggests that either he or the troops involved are concerned about the legalities of the deployments. Now The Insurrection Act allows for much wider authorization. But only in limited circumstances.

What is the Insurrection Act of 1807 and why is Trump invoking it?

Belle of the Ranch 1:42

There are three main sections that can be used. Section two hundred and fifty one allows the President to invoke it upon request of the governor or state legislature. It also allows it in the event that the legislature is unavailable. Picture ET coming down and snatching up the governor and legislature of a state. This section isn't at play. Because states where the governor isn't opposed could be covered under other authorizations. Section two hundred and fifty two allows a president to invoke the act if Unlawful obstructions, combinations or assemblages, or rebellion make it impracticable to enforce federal law through the ordinary course of judicial proceedings. This is widely believed to mean that federal courts can't function.

Which sections of the Insurrection Act allow presidential deployment of troops?

Belle of the Ranch 2:36

But regardless of belief. Trump has to admit that he has failed to maintain order to use this section. mister Law and Order would have to admit that his policies led to a breakdown of both. Section two hundred and fifty three gets weird. There are two parts to it. The first allows invocation to counter any insurrection, domestic violence, unlawful combination, or conspiracy that stops execution of federal laws. A good example of this is Eisenhower deploying troops to Little Rock to enforce desegregation. The other part allows invocation if a rebellion is Opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

Why might Trump’s use of the Insurrection Act be considered legally questionable?

Belle of the Ranch 3:31

Okay. That part is really broad. But again, requires that Trump acknowledge a failure. Now there's two other considerations. Trump may not really understand what the insurrection act allows troops to do. It generally allows them to enforce federal law. It also doesn't suspend constitutional rights. Troops will still have to abide by the Constitution. Sterling V Constantine nineteen thirty two.

What constitutional limits still apply to troops deployed under the Insurrection Act?

Belle of the Ranch 4:04

The Bill of Rights is still in effect. And would likely be respected more by troops trained to err on the side of caution on this one. There's also one other thing. While the Insurrection Act gives a president absurdly broad leeway, Judicial review can occur if the president goes outside a quote. Permitted range of honest judgment. I'm going to suggest that Trump basing his decision to use troops in Portland on news clips that were half a decade old might be outside that permitted range. Anyway, it's just a thought. Y'all have a good day.

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