home.social

#title10 — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #title10, aggregated by home.social.

  1. "This has been a long-term plan because the focus on left-wing terrorism started during the first Trump administration. And now the difference is that they have all the levers of power underneath them with people willing to enact it and carry it out."

    ~ Olivia Troye

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland
    /13

    thelefthook.substack.com/p/two

  2. “'I co-wrote Trump’s first anti-terrorism plan in 2017-18. He’s not trying to stop ‘left-wing’ terrorism. He is staging it,' Miles Taylor, a vocal Trump critic who served as a deputy chief of staff at DHS during the president’s first term, said in a Tuesday morning post on social platform X."

    ~ Filip Timotija

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland
    /12

    thehill.com/homenews/state-wat

  3. "Donald Trump and Stephen Miller are trying to make 'insurrection' happen. We know this because that word keeps popping casually out of their mouths." But:

    "Real insurrection looks like what we saw on January 6, 2021, when Trump refused to call in the National Guard to support local police and then pardoned over 1,500 criminals, many of whom committed violent assaults on law enforcement."

    ~ Jay Kuo

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10
    /11

    statuskuo.substack.com/p/insur

  4. "You begin to wonder -- do they believe they have the authority by putting some groups on a list, even domestic groups, to use lethal force against them, with no trial, no due process, no nothing? The reality is we can't rule that out."

    ~ Adam Schiff quoted by Aaron Rupar

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland #SupremeCourt
    /10

    bsky.app/profile/did:plc:4llrh

  5. "The words 'plenary authority' are found nowhere in 10 U.S. Code. Miller’s assertion of those kinds of powers is shocking, but unsurprising. That is exactly what Trump is doing by sending National Guard troops from one state to another state, the governor of which has not activated his own national guard or authorized out-of-state National Guard soldiers to be deployed on the soil of his state."

    ~ Lucian K. Truscott

    #Trump #StephenMiller #PlenaryPower #Title10
    /9

    luciantruscott.substack.com/p/

  6. "It’s a wild assault on state sovereignty, bringing us ever closer to the brink of civil war.

    This is despotism, and whatever chaos and violence is about to be unleashed lies squarely on the robed shoulders of Justices Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett."

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland #SupremeCourt
    /8

  7. "Trump claims the unreviewable authority to substitute his 'alternate facts' emergency for reality and flood Democratic strongholds with troops from other states. And if courts block him, he threatens to declare an even more fantastical emergency to allow soldiers to occupy blue states as 'police' men."

    ~ Liz Dye

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland #SupremeCourt
    /7

    publicnotice.co/p/trump-insurr

  8. "Trump himself gave up the game [in the ludicrous Antifa video yesterday]. Anyone involved with Antifa — which does not exist — would 'probably' be committing treason.

    This event might have resembled a clown car but it is anything but. In fact, the noose is getting tighter and tighter for us all — precisely because Antifa does not exist."

    ~ Julie Roginsky

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland #Antifa
    /6

    saltypolitics.substack.com/p/t

  9. "Since taking office in January, Trump has declared at least eight national emergencies that the administration has used to justify the use of emergency powers."

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland
    /5

  10. "It is this power under Title 10 that White House deputy chief of staff Stephen Miller yesterday claimed was 'plenary,' or absolute. The idea that exceptions to the rule of law reveal who is really in charge of the government was central to the political philosophy of German political theorist Carl Schmitt, who joined the Nazis and whose work is increasingly popular among the radical right in the U.S. these days."

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10
    /4

  11. "The section of the legal code to which the announcement pointed was the one permitting the president to call into federal service members of the National Guard whenever the U.S. is invaded or in danger of invasion by a foreign nation, there is a rebellion or danger of a rebellion against the authority of the U.S. government, or the president cannot execute the laws of the United States with the power of regular law enforcement."

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10
    /3

  12. "The statement [of the Defense Department announcing deployment of National Guard troops to Chicago] said the National Guard soldiers 'are under federal command and control in a Title 10 status.'”

    #Trump #StephenMiller #InsurrectionAct #PlenaryPower #Title10 #military #Chicago #Portland
    /2

    heathercoxrichardson.substack.

  13. …A 19th-century #law, the #PosseComitatusAct, generally prohibits the use of the US #military for domestic civilian law enforcement, absent an #insurrection. But #Trump did not invoke the #InsurrectionAct. Rather, he argued that an overarching federal law, #Title10 of the US Code, which lays out the role of the #ArmedForces, allowed him to commandeer #NationalGuard units to execute federal law.

    #MilitaryState #democracy #authoritarianism #tyranny #AmericanAutocracy #resist

  14. …A 19th-century #law, the #PosseComitatusAct, generally prohibits the use of the US #military for domestic civilian law enforcement, absent an #insurrection. But #Trump did not invoke the #InsurrectionAct. Rather, he argued that an overarching federal law, #Title10 of the US Code, which lays out the role of the #ArmedForces, allowed him to commandeer #NationalGuard units to execute federal law.

    #MilitaryState #democracy #authoritarianism #tyranny #AmericanAutocracy #resist

  15. …A 19th-century #law, the #PosseComitatusAct, generally prohibits the use of the US #military for domestic civilian law enforcement, absent an #insurrection. But #Trump did not invoke the #InsurrectionAct. Rather, he argued that an overarching federal law, #Title10 of the US Code, which lays out the role of the #ArmedForces, allowed him to commandeer #NationalGuard units to execute federal law.

    #MilitaryState #democracy #authoritarianism #tyranny #AmericanAutocracy #resist

  16. …A 19th-century #law, the #PosseComitatusAct, generally prohibits the use of the US #military for domestic civilian law enforcement, absent an #insurrection. But #Trump did not invoke the #InsurrectionAct. Rather, he argued that an overarching federal law, #Title10 of the US Code, which lays out the role of the #ArmedForces, allowed him to commandeer #NationalGuard units to execute federal law.

    #MilitaryState #democracy #authoritarianism #tyranny #AmericanAutocracy #resist

  17. …A 19th-century #law, the #PosseComitatusAct, generally prohibits the use of the US #military for domestic civilian law enforcement, absent an #insurrection. But #Trump did not invoke the #InsurrectionAct. Rather, he argued that an overarching federal law, #Title10 of the US Code, which lays out the role of the #ArmedForces, allowed him to commandeer #NationalGuard units to execute federal law.

    #MilitaryState #democracy #authoritarianism #tyranny #AmericanAutocracy #resist

  18. #Trump deployed both the #NationalGuard members & a battalion of #Marines in #California in June while citing “incidents of violence & disorder” that had occurred during #ICE operations to round up undocumented immigrants. Under the law Trump used, #Title10, the #troops are generally prevented from being involved in law enforcement.

    #law #PosseComitatusAct #MilitaryState #military #immigration #authoritarianism #autocracy #dictatorship #tyranny

  19. A state’s #governor generally oversees his own #NationalGuard, but the president can #federalize & deploy #troops over objections under #Title10 of federal #law. It permits the president to issue orders to National Guard members if there is a “rebellion or danger of a rebellion against the government.” [which is not the case]

    #Trump #law #PosseComitatusAct #MilitaryState #military #authoritarianism #autocracy #dictatorship #tyranny

  20. #Trump has summoned the #military for #domestic purposes like few of his predecessors.

    #NationalGuard #troops can be mobilized for federal missions inside the #US under two main authorities. The first, under #Title10, puts troops under the president’s direction, where they can SUPPORT law enforcement activity but not perform arrests or investigations.

    #law #PosseComitatusAct #MilitaryState #Autocracy #Constitution #FreedomOfAssembly #RightToProtest #FreeSpeech

  21. That request centers on a 19th-century #law, the #PosseComitatusAct, that generally makes it illegal to use the #military for #domestic law enforcement. The #Trump admin has argued that the #troops are not themselves performing law enforcement tasks, but rather are protecting civilian agents who are trying to arrest undocumented #immigrants.
    [but we know better]

    #Title10 #Constitution #RightToProtest #FreedomOfAssembly #LosAngeles #California #protests #NationalGuard #Marines #AbuseOfPower

  22. Judge Breyer’s temporary restraining order [#TRO] concerned only the #NationalGuard & whether it was lawful for #Trump to mobilize them under #federal control. At the hearing on Friday, he is also set to address a #state request to limit #troops under federal control to guarding federal buildings, & to bar them from accompanying #ICE agents on the #workplace #raids that sparked the #protests.

    #law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #military

  23. Either way, litigation in the case is set to return on Friday to the San Francisco courtroom of the Federal District Court judge, Charles Breyer, for a hearing. He is weighing whether to issue a more durable preliminary injunction restricting what #Trump can do with some 4,000 #NationalGuard #troops or 700 active-duty #Marines his admin has also deployed into the #city.

    #law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #protests #AbuseOfPower

  24. The ruling means control of the #California #NationalGuard will stay in #federal hands as the lawsuit continues to unfold.

    The #state could choose to ask the full appeals court to rehear the matter, or it could directly ask #SCOTUS to intervene. But the state might also just move on from the current part of the dispute, since the ruling on Thurs pertains to a short-lived temporary restraining order that will soon be obsolete anyway.

    #law #Title10 #PosseComitatusAct #LosAngeles #protests #Trump

  25. The court case could have wider implications on the president’s #power to deploy #soldiers within the #US after #Trump directed #immigration officials to prioritize #deportations from other #Democratic-run #cities.

    Trump, a Republican, argued that the #troops were necessary to restore order. Newsom, a #Democrat, said the move inflamed tensions, usurped local authority & wasted resources.

    #law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #NationalGuard

  26. The court used 14 of its 38 page ruling to reject the #DOJ's argument that #Trump's decision to federalize the #California #NationalGuard can't be reviewed by the courts.

    But, the court concluded that the requirement in #Title10 §12406 that "orders ... shall be issued through the governors of the States" does not mean that a governor must consent or even be consulted before their #state's National Guard is federalized.

    #law #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #military

  27. 🤬🤬🤬

    US court lets #Trump retain control of #California #NationalGuard for now

    A US appeals court let Trump late Thurs retain control over CA's National Guard while the state's #Democratic #governor proceeds with a lawsuit challenging the legality of the #Republican president's use of the #troops to *quell* #protests & unrest in #LosAngeles.

    #law #Title10 #PosseComitatusAct #ExecutiveOverreach #AbuseOfPower
    reuters.com/world/us/us-court-

  28. Yet some institutional checks continue to function, even if unevenly. The federal #judiciary has been a source of significant pushback against the admin. Already, a federal district court judge in #California has ruled that #Trump’s deployment of the #NationalGuard in CA was illegal (though the ruling was almost immediately put on hold for further review).

    #law #Title10 #PosseComitatusAct #military #Marines #LosAngeles #autocracy

  29. #Trump has stacked the #DOJ & the #Pentagon with personal #loyalists, & has tended to bypass the Office of Legal Counsel [#OLC] — the institution traditionally responsible for vetting the legality of executive actions. Although the standard guidelines & procedures for past #domestic deployments remain on the books, there is substantial reason to doubt that the civilian leadership will follow them.

    #law #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  30. The #political conditions surrounding the current deployment are dramatically different from those during that prior wave. #Polarization has spread from society to the political elites, who now, more than ever, seek to use the #military for political gain. On the #Republican side, Donald #Trump appears eager to deploy the #Army against left-wing #protesters.

    #law #Title10 #PosseComitatusAct #NationalGuard #Marines #LosAngeles #autocracy

  31. More mundanely, the explanation may come down to logistics. The #MarineCorps is a relatively small force & has rarely been stationed near sites of #domestic unrest. However, Camp Pendleton—home to the largest concentration of #Marines in the continental #UnitedStates—sits just a few hours from #LosAngeles & is far closer than the nearest viable #Army unit, 45 miles south of Seattle. There may have been practical reasons to deploy the Marines.

    #law #Trump #Title10 #PosseComitatusAct #military

  32. And the #Marines were held in reserve on several occasions: after #MLK won his battle against Bull Connor in the 1963 #Birmingham, #Alabama, campaign for #desegregation of downtown stores, during which firebombings of a #CivilRights headquarters & King’s brother’s hotel room had sparked riots, & during the 1963 #MarchOnWashington.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #LosAngeles #autocracy

  33. The #Marines—who have a reputation for lethality—were deployed only twice during this period: once during the 1967 #protest at the #Pentagon, where they appear to have played a minor role, & again amid the violent unrest in Washington, DC, following #MLK’s #assassination. President John F. Kennedy considered sending them to help #desegregate the University of #Mississippi in 1962 but ultimately declined.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #LosAngeles #autocracy

  34. Leadership & #lawyers at the #DOJ & the #Pentagon, & leadership in the #ArmedServices, worked closely w/ senior officers in the #Army to develop standing operating procedures & situation-specific #RulesOfEngagement aimed at minimizing the #UseOfForce.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  35. That blurring contributed to a long-term shift in civilian #LawEnforcement — one that encouraged the adoption of #military - style equipment & tactics, & helped lay the groundwork for the sort of aggressive #police force that is common today.

    What accounted for the #Army’s restraint? Although society was as divided as it is today, #political elites were not yet #polarized & still placed trust in apolitical #expertise.

    #law #Trump #Title10 #PosseComitatusAct #NationalGuard #Marines #autocracy

  36. By contrast, people remember the #KentState #massacre of 1970 because it was a bloody failure by the #NationalGuard, during which 4 #students were #killed. Indeed, during this period, many #police & National Guard units responded to unrest with heavy-handed tactics that resulted in many #civilian injuries & #fatalities.

    #law #Trump #Title10 #PosseComitatusAct #military #Marines #LosAngeles #autocracy

  37. That 1967 deployment was perhaps the most extraordinary. In a surreal prelude to the confrontation, as the rock band the #Fugs played, #AbbieHoffman & #AllenGinsberg chanted to levitate the building, turn it orange, & exorcise its demons—a ritual humorously sanctioned in the #protest permit.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  38. That 1967 deployment was perhaps the most extraordinary. In a surreal prelude to the confrontation, as the rock band the #Fugs played, #AbbieHoffman & #AllenGinsberg chanted to levitate the building, turn it orange, & exorcise its demons—a ritual humorously sanctioned in the #protest permit.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  39. That 1967 deployment was perhaps the most extraordinary. In a surreal prelude to the confrontation, as the rock band the #Fugs played, #AbbieHoffman & #AllenGinsberg chanted to levitate the building, turn it orange, & exorcise its demons—a ritual humorously sanctioned in the #protest permit.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  40. That 1967 deployment was perhaps the most extraordinary. In a surreal prelude to the confrontation, as the rock band the #Fugs played, #AbbieHoffman & #AllenGinsberg chanted to levitate the building, turn it orange, & exorcise its demons—a ritual humorously sanctioned in the #protest permit.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  41. That 1967 deployment was perhaps the most extraordinary. In a surreal prelude to the confrontation, as the rock band the #Fugs played, #AbbieHoffman & #AllenGinsberg chanted to levitate the building, turn it orange, & exorcise its demons—a ritual humorously sanctioned in the #protest permit.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  42. The 12 years spanning 1957 to 1968 were a period of great societal tumult & revolution, especially over #race & the #VietnamWar. Of the 8 deployments, 2 were to enforce #desegregation court orders, most famously at #LittleRock, #Arkansas, in 1957. 4 were to quell riots, 3 of which were part of the numerous outbreaks across the country that followed the #assassination of #MartinLutherKingJr in 1968.

    #law #Trump #Title10 #PosseComitatusAct #military #NationalGuard #Marines #LosAngeles #autocracy

  43. Harbourt also says the proclamation & deployment is against our "broader democratic tradition of separating the #military from #civilian affairs."

    #DOJ Shumate has time again. He claims that the part of the #statute [#Title10] #Trump cited requiring him to act "through the governor" is satisfied if the #governor is merely “aware” of the order.
    "Under their reading of the statute, Gov. Newsom can pocket veto the president’s orders."

    Adjourned.

    🧵
    #law #judiciary #Title10 #PosseComitatusAct

  44. Rep #PeteAguilar questions #Defense Secy #PeteHegseth about the #law #Trump cited as the legal basis for his authority to send #military forces to #LosAngeles, 10 USC §12406 which grants the president this authority under only 3 circumstances.

    Aguilar asks which of the circumstances is at play in this case.

    #Hegseth actually says he doesn’t know but then says, “Sounds like all three to me.”

    law.cornell.edu/uscode/text/10

    #Title10 #PosseComitatusAct #California #NationalGuard #Marines #protests

  45. Rep #PeteAguilar questions #Defense Secy #PeteHegseth about the #law #Trump cited as the legal basis for his authority to send #military forces to #LosAngeles, 10 USC §12406 which grants the president this authority under only 3 circumstances.

    Aguilar asks which of the circumstances is at play in this case.

    #Hegseth actually says he doesn’t know but then says, “Sounds like all three to me.”

    law.cornell.edu/uscode/text/10

    #Title10 #PosseComitatusAct #California #NationalGuard #Marines #protests

  46. Rep #PeteAguilar questions #Defense Secy #PeteHegseth about the #law #Trump cited as the legal basis for his authority to send #military forces to #LosAngeles, 10 USC §12406 which grants the president this authority under only 3 circumstances.

    Aguilar asks which of the circumstances is at play in this case.

    #Hegseth actually says he doesn’t know but then says, “Sounds like all three to me.”

    law.cornell.edu/uscode/text/10

    #Title10 #PosseComitatusAct #California #NationalGuard #Marines #protests