Yes, the Storm is here--coming in on little cat feet
Trump declares a national emergency, the basis for which is COVID-19. But like the proverbial camel's nose getting into the tent, martial law is now applicable.
Constitutional and other law experts (which I am not) may agree or disagree. I can only rely upon that sacred legal source, Wikipedia (and other places) for this.
The Insurrection Act
The Insurrection Act of 1807 is a United States federal law (10 U.S.C. §§ 251–255) (until 2016, found at 10 US Code, Chapter 15, §§ 331–335, renumbered to 10 USC, Chapter 13, §§ 251–255) that governs the ability of the President of the United States to deploy military troops within the United States to put down lawlessness, insurrection, and rebellion. The general purpose is to limit presidential power, relying on state and local governments for initial response in the event of insurrection. Coupled with the Posse Comitatus Act, presidential powers for federal military law enforcement on U.S. soil and unincorporated territories are limited and delayed.
It would seem to my shallow understanding of legal matters that the purpose of this act, originally authorized by Tom Jefferson's signature after an Act of Congress in 1807, that this was originally designed to limit the power of the Executive by placing restrictions on the US Military, hence also the Commander in Chief (CIC).
But being unwilling to let a good thing continue, Congress, in their wisdom, in the year of our Lord G.W.B number 6, altered this law:
On September 30, 2006, the Congress modified the Insurrection Act as part of the 2007 Defense Authorization Bill (repealed as of 2008). Section 1076 of the law changed Sec. 333 of the "Insurrection Act," and widened the President's ability to deploy troops within the United States to enforce the laws. Under this act, the President may also deploy troops as a police force during a natural disaster, epidemic, serious public health emergency, terrorist attack, or other condition, when the President determines that the authorities of the state are incapable of maintaining public order. The bill also modified Sec. 334 of the Insurrection Act, giving the President authority to order the dispersal of either insurgents or "those obstructing the enforcement of the laws." The law changed the name of the chapter from "Insurrection" to "Enforcement of the Laws to Restore Public Order."
The 2008 Defense Authorization Bill repeals the changes made in the 2007 bill.
The 2007 Defense Authorization Bill, with over $500 billion allocated to the military, and which also contained the changes to the Insurrection Act of 1807, was passed by a bipartisan majority of both houses of Congress: 398-23 in the House and by unanimous consent in the Senate. For military forces to be used under the provisions of the revised Insurrection Act, the following conditions must be met:
(1) The President may employ the armed forces, including the National Guard in Federal service, to–
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that–
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that–
(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, 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 or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
To proclaim a state of insurrection is a necessary prerequisite if cascading powers, such as is found in 50 U.S.C. § 212 Confiscation of property employed to aid insurrection, are to be used.
Notice the wording carefully:
restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency
This is the camel's nose in the tent. Soon the rest of the camel will be inside. How soon I don't know--but soon, during the active phase of this pandemic.
That "camel" is Martial Law.
Yes, martial law, as in temporary suspension of the Bill of Rights. What happens then? It should be obvious to other conspiracy-minded, coup-despising persons such as me, that this is preliminary to unsealing a huge amount of sealed indictments, which last time I check, being months ago (with apologies to JtC for no recent research by me on this) there were > 50K such indictments. Any individual may have more than one indictment. There may be dozens. Look at the book which the DOJ (pronounced just us) threw at Roger Stone for fibbing to Congress (and semi-serious witness intimidation as well).
The military, be it national guard, police departments, and even uniformed serving troops on active duty may be called upon to quell public disturbance, insurer orderly process of court proceedings, precluding individuals under pending indictment from leaving the country, etc.
Why is Tom Hanks and lovely Ritas in Australia? To catch the delight autumnal weather Down Under? Or to avoid possibly being the next big fish in the net after Harvey Weinstein got his 23 year paid vacation at the Gray Bar Hotel. If the inmates find Harve to their liking, he may find himself auditioning for man in the barrel, if you know what I mean.
Rumors are flying, or crawling, that Commander Cheeto may prohibit short selling on federally regulated exchanges and money markets. Sorry, GS, but you might not get to break Uncle Slam's piggy bank.
Peter Strzok--cancel your travel arrangements. Jim the Weasel Comey, get ready for lunch at the Darth Vader Hospitality Inn, Gitmo, Cuba. This will be served to you on a daily basis if you behave and promise not to lead prayer sessions at Gitmo.
Brennan, Clapper? They're toast (crispy but not burnt).
But the main dish could be (but probably won't be) the Chicago Charlatan and a Giant Rodent.
The alacrity of the process of course depends to large part on Trump orchestrating reasonable containment and disease transmission delay. If continues to make a credible showing, which despite disappointing initial moves, is continuing on track. Early proof: Trump got the MSM to restrict their questions to medical maters only. Jim Acosta, where are you when we need you to scold the president again?
Sorry to disappoint those expecting more fire and brimstone from your faithful swamp delegate, but hereinafter affiant safety naught--at least for this essay.
My sources? Glad you asked.