Quote:
Originally Posted by transplant99
So a bit more on the Insurrection act being invoked by Trump..
Letitia James the AG of the state of NY is on MSNBC and flat out states that the feds cannot go into individual states to enforce state laws unless requested by the sitting Governor.
Said that (paraphrasing) if it is even attempted that she and other AG's (assuming other states?) will meet him at the steps of the courthouse (didnt say whether Fed or state level) and have it quashed before it ever begins.
I honestly dont believe that its anything more than a hollow threat unless some of the governors ask for military help and even then they would only be allowed to act upon those breaking federal laws.....looting and rioting etc is all under state purview if i understood her correctly.
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I'm going to stand corrected Bush had added an ammendment to the 1807 Insurrection Act in 2007 when he wanted to send in troops to help after Hurricane Katrina and Louisiana refused. That lead to Bush creating the John Warner Defense Act of 2007 which stated that the president could send in troops without State consent if the President felt that the Governor wasn't handling the crisis properly or without corruption.
I didn't see that the Warner Defense Act was repealed in 2008.
So this does open a discussion that if Trump tries to send in the Military using the Insurrection Act without consulting or receiving a request for Troops from the State that it could be construed as an illegal Order.
I was wrong on my first interpretation.