I did not have any intention of writing this, because I am currently developing a long read about Putin. But I realize how saddening everything that is happening in this world right now, especially when President Trump threatened to deploy federal military in the US.
I will let the American BIPOC communities educate everyone, they have the capacity for that. I will talk about the military here, not that I am an expert in this matter, but at least I know a little bit more about it.
On the 2nd of June 2020, President Trump threatened to deploy military personnel, to appease the civil unrest. He called on cities and states to deploy the National Guard. So far, about 62,000 personnel have been activated throughout the country.
If you wondered what did Mr. Trump said
“If a city or state refuses to take the actions that are necessary, then I’ll deploy the United States military and quickly solve the problem for them.”
President Donald Trump
At first the Secretary of Defense, Mr. Esper said if they will dominate the battlespace. He was criticized for it, because it sounds like the citizen in the enemy nir. But fortunately, today he said that he will not support invoking the Insurrection Act.
On Twitter, Gen. Tony Thomas, the former head of the Special Operations Command, said that “this action is only necessary if the United States invaded by an adversary or experience a constitutional failure.” Which they are not. One of the examples of constitutional failure is the Civil Wars.
Can he even do that?:
There is a posse comitatus, that was used during of Civil Wars. Posse comitatus is a group of people, typically sheriff, to keep the peace. But, in 1878, the United States ratified the Posse Comitatus Act. This Act is being used to reduce the ability of the federal government to utilize federal military personnel to enforce domestic politics such as mass arrests. This law is needed, to prevent the abuse of power that can be done by executives.
Trump can argue to use the Insurrection Act. In an emergency, the president can indeed appeal the Insurrection Act to deploy US federal military and National Guard troops, to suppress civil unrest, insurrection and rebellion.
But it is not that easy for the president to use the Insurrection Act. The president only can invoke the act when:
- It is requested by a state’s legislature, or governor if the legislature cannot be convened. They can call federal service such of the militia of the other to suppress the insurrection. (§ 251)
- Whenever the president considers that unlawful obstructions, combinations or assemblages or rebellion make it impracticable to enforce the law by the ordinary course of the judicial proceeding (§ 252)
- To suppress insurrection, domestic violence, unlawful combination, or conspiracy, which results in the seizure of constitutionally guaranteed rights, and if the state cannot protect these rights. Or, obstruct the implementation of the law and the process of justice (§ 253)
What is the National Guard?
Before discussing too far, what is the National Guard? Maybe some of us do not know about it. The National Guard is a collection of civilians who serve as soldiers or airmen on a part-time basis.
In comparison with regular soldiers, the National Guard supports the operation of state and federal governments. State governors can activate them if there are local or state emergencies, such as civil unrest or natural disasters.
Activation of Minnesota’s National Guard
On May 30, the Governor of Minnesota, the area where George Floyd was murdered, had ordered the National Guard mobilization to appease the civil unrest. There were 1,700 National Guards deployed in Minnesota, and this is the largest domestic deployment of Minnesota’s National Guards in the history.
The last time the Insurrection Act was requested was during the Los Angeles Riot in 1992. It is due to the dismissal of four police officers who assaulted black motorist, Rodney King.
As of Wednesday (3rd of June 2020) morning, Forbes reported that almost 62,000 National Guard troops are activated to help control the civil unrest.
Peter D. Fever, a professor from the University of Duke said to The New York Times if the National Guard is morally challenged. They were devastated about the murder of George Floyd and support the peaceful protest, especially because 40% of them are people of color. But, they also support efforts to stop the riots and looting, which deviated from the initial purpose of this demo.
So, can he or can’t he?
From the above explanation, it can be said that Trump can appeal to the Insurrection Act if needed. Twenty-eight states have activated the National Guard, if things get worse, the federal government could have used the Insurrection Act, to deploy the federal army and the National Guard, if requested by the Governors.
However, is it necessary? In my personal opinion, no. In the three conditions to call the Insurrection Act, they use the words ‘insurrection’, ‘rebellion’ and “if unable to protect constitutionally guaranteed rights”. This civil unrest is not insurrection or rebellion. The constitutional right is still protected as well. But unfortunately, the protest has turned into domestic violence. If the violence protest continues, it is likely to hamper the legal process, then it could become the reason to call the Insurrection Act.
For now, we must acknowledge that the National Guard is a group of civilians, who usually have ordinary jobs. They are expected to step down in order to maintain security and stability because of the riots. Their job now for example is escorting and helping firefighters to work in riots.
However, if the Insurrection Act is declared, the National Guard can be used to enforce domestic law, but this will be difficult unless the constitution has finally collapsed. For now, the National Guard has no authority to arrest.
Hopefully, Trump and the Secretary of Defense will think about it carefully, if they want to deploy the federal troops. This protest has been running for 8 days and conducted in the middle of a pandemic.
Hopefully, everyone now can understand that the government system is still broken, and should be repaired. From the 1992 Insurrection Act to the current plan, both triggered by the same thing: systemic racism.
The Siren of Novgorod 