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crickets

(25,981 posts) Mon Jun 1, 2020, 08:42 PM Jun 2020

Jeffrey Toobin on governors vs president under Insurrection Act

Heard recently on CNN speaking to Anderson Cooper:

The military can only come in

1. at the request of the governors.

2. without need of governors' requests only in order to vindicate Constitutional rights , e.g. Eisenhower and desegregation. The president cannot do this under current circumstances without the request of the states' governors because no vindication of Constitutional rights is involved. He feels trump won't actually go through with the threat nationwide because he knows the governors won't let him.

Toobin feels that this addresses any issues regarding governors' and states' powers re the Insurrection Act.

According to his read, Posse Comitatus still holds.

14 replies

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Jeffrey Toobin on governors vs president under Insurrection Act (Original Post) crickets Jun 2020 OP

One hopes so. jls4561 Jun 2020 #1

Thanks for this! smirkymonkey Jun 2020 #2

KR! Cha Jun 2020 #3

Thank God we enacted Posse Comitatus in 1878. roamer65 Jun 2020 #4

That Law, Sir, Is A Mixed Blessing The Magistrate Jun 2020 #6

Yes, but it may save us from full fascism. roamer65 Jun 2020 #7

The Law Of Unintended Consequences, Sir The Magistrate Jun 2020 #9

Correct. roamer65 Jun 2020 #13

True, and a very good point, but in this case it may turn out to be a good blessing. crickets Jun 2020 #8

THANK YOU! Mme. Defarge Jun 2020 #5

1st thing I did when he said that was check the Act & read the language in it. It DOES require the napi21 Jun 2020 #10

K&R UTUSN Jun 2020 #11

It's a law. Trump ignores laws--with impunity. nt tblue37 Jun 2020 #12

Others suggest that Trump does not need request from Governors. LiberalFighter Jun 2020 #14

jls4561

(1,257 posts)

1. One hopes so.

Reply to crickets (Original post)

Mon Jun 1, 2020, 08:43 PM

Jun 2020

smirkymonkey

(63,221 posts)

2. Thanks for this!

Reply to crickets (Original post)

Mon Jun 1, 2020, 08:44 PM

Jun 2020

Cha

(297,268 posts)

3. KR!

Reply to crickets (Original post)

Mon Jun 1, 2020, 08:46 PM

Jun 2020

roamer65

(36,745 posts)

4. Thank God we enacted Posse Comitatus in 1878.

Reply to crickets (Original post)

Mon Jun 1, 2020, 08:46 PM

Jun 2020

We need to update the act under a Democratic Congress and President.

The Magistrate

(95,247 posts)

6. That Law, Sir, Is A Mixed Blessing

Reply to roamer65 (Reply #4)

Mon Jun 1, 2020, 08:52 PM

Jun 2020

It was enacted to prevent the Federal government from using troops to suppress Ku Klux Klan activity, and other violence by white supremacists in the aftermath of the Reconstruction effort.

roamer65

(36,745 posts)

7. Yes, but it may save us from full fascism.

Reply to The Magistrate (Reply #6)

Mon Jun 1, 2020, 08:53 PM

Jun 2020

It’s definitely now a red line in the sand.

The Magistrate

(95,247 posts)

9. The Law Of Unintended Consequences, Sir

Reply to roamer65 (Reply #7)

Mon Jun 1, 2020, 08:56 PM

Jun 2020

Is sometimes the one law that matters....

roamer65

(36,745 posts)

13. Correct.

Reply to The Magistrate (Reply #9)

Mon Jun 1, 2020, 09:09 PM

Jun 2020

crickets

(25,981 posts)

8. True, and a very good point, but in this case it may turn out to be a good blessing.

Reply to The Magistrate (Reply #6)

Mon Jun 1, 2020, 08:56 PM

Jun 2020

I just hope Toobin is right and trump doesn't try to force the issue now that he's had his photo op.

Mme. Defarge

(8,033 posts)

5. THANK YOU!

Reply to crickets (Original post)

Mon Jun 1, 2020, 08:50 PM

Jun 2020

Now may I can sleep tonight.

napi21

(45,806 posts)

10. 1st thing I did when he said that was check the Act & read the language in it. It DOES require the

Reply to crickets (Original post)

Mon Jun 1, 2020, 08:57 PM

Jun 2020

request of a Governor. Thank God there is a requirement in it. They must have anticipated a DT! I'l be shocked is any Dem Governor would ever ask DT for help with ANYTHING, so we're safe there, but I expect some Repub Governor just might ask, sso they can kissa up to DT again. If they elected a Repub Gov, they deserve what they get! I live in a Repub State, so I'm hidin' out.