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Comment Re:Concerns? (Score 1) 160

Sorry, I realized I went off on a tangent and didn't answer your question. DOD operates under Title 10 authority which is restrained by Posse Comitatus. Generally speaking, DOD can get around it through Defense Support to Civil Authority (DSCA), e.g. disaster relief, or through a request by another federal agency, or, as you pointed out, the Insurrection Act. National Guard operates from Title 32 which does not fall under Posse Comitatus.

Comment Re:Concerns? (Score 1) 160

Sort of. Trump exercised lawful authority to take over the DC Police and at the same time deployed the National Guard, not the military. I get that sounds like a distinction without a difference, but authority under federal law matters here. I haven't seen the authority under which the NG is operating, but there are a few. Title 32 is the most commonly used and requires a state governor's consent. Since DC doesn't have one, it falls to POTUS. Regardless, operations under Title 32 do not fall under Posse Comitatus. Section 49 of the DC Code also authorizes the use of the NG but it's much more vague and I haven't have the time or inclination to do a deep dive into it.

Comment Re:Concerns? (Score 1) 160

Trump is not Hitler. However, he does aspire to be Putin, Xi, and other autocrats.

Nonsense. You're just not used to a Republican actually exercising the power either granted by law/Constitution or delegated/abrogated by Congress.

I suppose he could go full Jackson on the courts, but he hasn't. He's learned how to conduct lawfare and people are freaking out that their tactics are being used against them.

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