One example was the use of the military during the 1992 Los Angeles riots. Under the Insurrection Act the president can call on the military in certain circumstances, but they are intended to support civilian law enforcement. It was an idea Trump adviser Michael Flynn had floated before, along with seizing the voting machines. If there was a reason to do so, you need a court order," Edelson said.Īt the same meeting, there were a range of theories pushed, including invoking martial law. "You can't preemptively seize voting machines. In his testimony Cipollone said the plan was a terrible idea. In the most recent hearing, former White House counsel Pat Cipillone discussed a rancorous meeting in which Trump's outside legal team brought a draft executive order to seize the states' voting machines. What issues were raised at the last hearing? It is up to Congress to rein in the president, he said. "That means an unscrupulous president can use it" for ill purposes. It leaves it up to the president," said Chris Edelson, assistant professor of government at American University. "The statute itself doesn't say what an emergency is. Congress can vote to terminate the declaration, but if the president vetoes, a two-thirds supermajority is required to overcome the veto. They include everything from severe weather responses to civil disorder. Under the NEA, dozens of statutory authorities become available to any president when national emergencies are declared. "That doesn't mean Donald Trump would have been the president, but it would have thrown a wrench in the works," she said. Military forces are normally barred by the Posse Comitatus Act from joining in civilian law enforcement actions.Įlizabeth Goitein, senior director of the liberty and national security program at the Brennan Center for Justice, said the insurrection "in my opinion" could have been the catalyst for the president to invoke the act and bring in the military to escort congressional lawmakers out of the proceedings for their safety. The Insurrection Act is a long-standing presidential power that gives the president wide latitude to use military forces to stop a rebellion or domestic violence. There are two primary ones: the Insurrection Act, first enacted in 1792, and the National Emergencies Act of 1976. Government and legal experts say the bigger question is: Can further limits be put on presidential authority to make sure there are no repeats of 2020 in future administrations? What laws form the basis for the presidential powers in question? The various schemes and talking points that witnesses have revealed also highlight what a president has the authority to do. Government and legal experts say the bigger question is whether further limits can be put on presidential authority to make sure there are no repeats of 2020.The various schemes and talking points that witnesses have revealed also highlight what a president has the authority to do.Capitol insurrection is raising questions about former President Donald Trump's role and whether he committed crimes 6 committee's investigation of the aftermath of the 2020 presidential election and the events leading up to the U.S.
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