President Trump and using the Insurrection Act of 1807 to save America

WASHINGTON: Let us be very clear on exactly what is happening right now. First, there is a peaceful protest against police brutality in the wake of the death of African-American George Floyd. Floyd was in the custody of three white and one Asian police officers. Second, there are coordinated attacks against the legal authority of the states and the United States government, across this country. All leading to the President to consider using the Insurrection Act of 1807 to protect American businesses.

Businesses attempting to recover following the destruction of COVID-19.

One has exactly nothing to do with the other, except that the violent insurgency against America is shrouded in the fog of war. That fog is intermingling both of these events – the peaceful protests and the attacks against the police and businesses – when they are not connected.

One, peaceable assembly to redress grievance against the government is Constitutionally protected. While the other, the violent attempt to overthrow the government of either the state or federal, is a crime.

The criminals among the protestors

Antifa, Black Lives Matter, and other George Soros fronted organizations are violently rioting and causing mayhem, destruction of property, theft, armed violence, injury, and death across this nation. For over four days gunshots were ringing out. Molotov cocktails fly, bricks, knives, hammers, fist, feet, and cudgels smash anyone in their path, especially those of their hated enemy, business people, men or women, and all capitalist. (Molotov cocktail-tossing lawyers tried to pass out firebombs to protesters: feds)

You know, working Americans.

The crimes of the Socialist Democrat Party

As the armed and dangerous military faction of the socialist democrat party tries to force their will on America, they hide among caring citizens who despise brutality by police and obfuscate their vicious radical counterparts’ behavior.

Many on the left are now pushing the line that ‘white separatists’ are causing the mayhem. Thus thickening the fog of war.

All the evidence points to Soros and Antifa, which is why the President and Attorney General have now designated that group as terrorists. There is zero evidence of white supremacists’ participation in any of the ongoing turmoil.


Attorney Barr targets Soros funded Antifa as domestic terrorists

Yet, in Washington D.C., in front of the White House, anarchists have caused injury to at least 50 federal officers using Molotov cocktails, bricks and other missiles against defending forces, at one point almost breaching security and forcing the President and his family to take refuge in a secure bunker.

Meanwhile, simultaneously in places as diverse as Des Moines, Iowa, Los Angels, California, Chicago, Illinois, Louisville, Kentucky, New York City, New York, Atlanta, Georgia, Jacksonville, Florida, violence, and death are occurring. Thus forcing cities to close their borders and create curfews.

Nothing is working because this is a coordinated attack.

By any measure, this planned and organized assault is an act of revolting against civil authority and established government, defined as an insurrection.

As such, President Trump has stated that he may invoke the Insurrection Act of 1807, which provides that:

“Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.”

10 U.S. Code § 252. Use of militia and armed forces to enforce federal authority:

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it:
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

This is exactly what is occurring across this nation right now. Simply looking at social media of the horrors committed by Antifa and Black Lives Matter as thugs beat senseless individuals who own businesses or attack anyone with an American flag. Sending chills up the spine in revulsion, hatred, and dismay.

Some might invoke Posse Comitatus or the Insurrection Act of 1807

However, it does not apply in this case.

Posse Comitatus specifically forbids the use of the Armed Forces in a law enforcement capacity. Unfortunately, one of the four main exceptions can be brought into play here:

Pursuant to the presidential power to quell domestic violence, federal troops are expressly exempt from the prohibitions of the Posse Comitatus Act. This exemption applies equally to active-duty military and federalized National Guard troops. That would fall under the Insurrection Act of 1807.

Under Article II of the Constitution, the president, as commander-in-chief of the Army and the Navy, and of the militia (National Guard) when under federal control, has the authority to act against enemies, both foreign and domestic. In addition, in 1807, Congress explicitly authorized the U.S. Army to enforce domestic law by passing the Insurrection Act.

As stated in an article in American Greatness, (https://amgreatness.com/2020/06/01/quelling-insurrection/):

“Although intended as a tool for suppressing rebellion when circumstances “make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings,” presidents have used this power on five occasions during the 1950s and ’60s to counter resistance to desegregation decrees in the South. It was also the basis for federal support to California during the Los Angeles riots of 1992 when elements of a U.S. Army division and a Marine division augmented the California National Guard. More recently, active-duty forces have deployed in response to Hurricane Katrina.”

The legacy press will try to skewer President Trump over his threat to invoke the Insurrection Act, but they will not present the truth. Now it is understandable why this must be done. An insurrection is happening before our very eyes and unless it is quelled quickly, and then crushed through the courts afterward, America is on a path of self-destruction at a very dangerous time in world history.

It is time to take back America.

Lead Image: By Lorie Shaull from St Paul, United States – A man stands on a burned out car on Thursday morning as fires burn behind him in the Lake St area of Minneapolis, Minnesota, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=90742413

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About the author:

Joseph Ragonese is a veteran of the United States Air Force, a retired police officer, has a degree in Criminal Justice, a businessman, journalist, editor, publisher, and fiction author.

His last book, “The Sword of Mohammad,” can be purchased at Amazon.com in paperback or kindle edition.

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