Is Trump At The Rubicon?

TRUMP AT THE RUBICON

 Alexander Macris 

Like Caesar, Trump now must fight for victory or lose everything. Come January 2021, will Donald Trump decide to cast the die and cross the Rubicon? He might.

The same people who warned us that Trump is worse than Hitler will now scoff: “Donald Trump is no Caesar!” That’s true. Trump is in a much better position than Caesar was.

Unlike Caesar, Trump can cross the Rubicon legally. He need violate no sacred law. He has all of the legal power he needs to act and win. Congress has given it to him. All he needs to do is invoke the Insurrection Act.

During the 2020 summer protests and riots, commentators on both the Left and Right argued about whether Trump would use the so-called Insurrection Act against the crowds. Strangely, no one seems to be considering the fact that Trump could use it now.

The history of the Insurrection Act dates back all the way to 1797, and the legislative record is so long and tortured that it’s woeful to contemplate. Suffice to say that in the 21st century, the Insurrection Act has been pleasantly re-titled “The Enforcement of the Laws to Restore Public Order Act” and codified in four sections of the US Code:

• 10 USC § 251 Federal Aid for State Governments
• 10 USC § 252 Use of Militia and Armed Forces to Enforce Federal Authority
• 10 USC § 253 Interference with State and Federal Law
• 10 USC § 254 Proclamation to Disperse

Of the four provisions, the most recent and the most powerful is 10 USC § 253, which was written in 2006. This is the one that liberal pundits always forget to mention when they blab about Posse Comitatus and governors. It reads:

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.

That’s powerful language! Consider:

• The authority is vested solely in the President. He does not need the invitation of state governors to intervene, nor does he need the approval of the Supreme Court. Older provisions of the Insurrection Act required either a governor or a judicial proceeding to authorize its use, but these limits were purposefully removed by Congress in § 253.
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• There is no time limit on the President’s activities. Older versions of the Insurrection Act limited the use of force to brief periods of time and then required legislative approval. Those limits, too, are also gone.
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• The President is allowed to use any means that he (and again, he needs no one else) considers necessary. This includes using the armed forces (which enables him to bypass the Posse Comitatus Act) and using the militia (which we’ll discuss in more detail below).
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• The President’s ability to use force isn’t restricted to actual rebellion or insurgency. He can act against merely unlawful combinations and conspiracies. To be clear: If the President decides that a conspiracy has deprived people of a right and believes that authorities fail or refuse to protect the right, he can send in the troops.

In blunt terms, Congress has given the power to President Trump to proclaim:

“I, President Trump, have determined that a conspiracy has deprived 70 million Americans of their right to vote and that the other authorities are refusing to protect this right. I therefore order the suppression of this conspiracy by any means necessary.”

And with that, Trump will cross the Rubicon.

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