Reblogged russalex
Donald Trump signed a sweeping executive order on January 20, declaring: "a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available." Trump further instructed Secretary of Defense Pete Hegseth to submit a report by February 20 "outlining all actions taken to fulfill the requirements and objectives of this proclamation." The executive order also notifies the Secretary of Defense and the Secretary of Homeland Security that within 90 days, they must submit "a joint report about the conditions at the southern border of the United States and any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807." The April 20 deadline, denoted by the 90 order for a report, lists a critical caveat that has caused a stir online thanks to social media influencers who are not entirely versed in the law or civics. This referenced portion is the legally pertinent section of the order that has caused the ensuing confusion online. It reads: "…any recommendations regarding additional actions that may be necessary to obtain complete operational control of the southern border, including whether to invoke the Insurrection Act of 1807."
The hashtag #martiallaw has been used so far in 21.5k posts across TikTok, and many of those posts refer to the April 20 deadline denoted by the demand for that 90-day January report. In a now-deleted video, TikTok user @Aja_Ky pointed to the executive order tied to the Department of Defense and Homeland Security and said: "The only way [Trump] has to do this is to declare and publish a proclamation that orders these parties to disperse." In another video with over 16,000 likes, user @AppalachianPrepper3.0 said that he's "been hearing a lot of talk about this date," referring to the April 20 deadline to invoke the Insurrection Act. The Insurrection Act of 1807 combines a series of laws enacted by Congress between 1792 and 1871, explicitly addressing utilizing the military force of federal troops within the United States. The act is an exception to the Posse Comitatus Act, which is meant to prevent a sitting president from using the federal military or National Guard as a domestic police force. To invoke the Insurrection Act, Posse Comitatus is suspended. Troops can legally be deployed under three sections of the Insurrection Act. The first is if a state legislature or governor requests federal aid to suppress an insurrection in that state. The second exemption is legally created if the president correctly determines there have been "unlawful obstructions, combinations, or assemblages, or rebellion [make it] impracticable to enforce the laws of the United States." The president can also invoke the act without a state's permission under two other scenarios: "any insurrection, domestic violence, unlawful combination, or conspiracy" hinders the state's ability or desire to execute laws that specifically protect people's constitutional rights or "any insurrection, domestic violence, unlawful combination, or conspiracy" obstructs the executive of the law or course of justice under those laws.
[...] The question remains: can Donald Trump invoke martial law on April 20 at the southern border based on the executive order he issued in January? The short answer is that Donald Trump can attempt to institute martial law based on his order, but if he is challenged in Court, his legal team will have to prove that he legally fulfilled the requirements specified above. Trump has given his notice to disperse according to the law, but the legal questions will focus on his reasoning and the factual data he uses to support his argument. There is little doubt that Trump intended to get attention with the deadline date of April 20, which is a fairly obvious nod to Adolph Hitler and the Nazi Regime. But, predicting Trump's behavior has become impossible, so it is essential to look at what will happen if he declares martial law on that date or soon thereafter. An opposing party with standing to sue the Trump administration will undoubtedly and immediately file a petition in Texas to stay the invocation of the insurrection act while the lower Court hears the case challenging Trump's authority. The odds of a conservative judge hearing the case at the lower court level are high, but that does not mean that a constitutionalist would be willing to look past any attempted overreach. The losing party will appeal to the United States Court of Appeals for the Fifth Circuit. It is important to note that during his first administration, Donald Trump appointed six judges to that Court, which is regarded as the most conservative Court of Appeals. That ruling will likely next be appealed to the United States Supreme Court, where the majority of Justices are also conservative.
There are rumors abound that Donald Trump plans to declare martial law on April 20th, which is Easter. As of now, there are no indications that we’ll see a declaration on that date.
Still, this is something that you should pay close attention to, should such a declaration come down at any point.
Source: shero.substack.com
