No, Donald Trump Is Still Not Violating the Posse Comitatus Act – RedState

Every day, there is a federal judge somewhere in the process of ruling against the Trump administration. Indeed (as I have already said) when the Democrats declare that Donald Trump is an authoritarian of Hitleresque and constantly promoted those who continue to monitor the MSM for their information, including many judges of the federal courts, it is the inevitable result. The judges of the Federal District Court behave badly because, unlike conventional wisdom, judges are not special and impartial arbitrators of the law, but just normal people who can become biased like anyone else. These judges do not like Donald Trump because they are named Democrats, as well as some Republicans who have gone “Washington” – that is to say they look at MSM, have liberal friends and attend liberal elite events – and they are now convinced that Donald Trump acts outside his powers as president, and thus work to prevent it.

Recently, one of these judges decided to reign over something I know a little – the posse Comitatus Act (PCA) – I therefore decided to watch the decision and see if the judge really knew what he was talking about.

And now, after doing it, I can tell you that judge Breyer “knows nothing” of the ACP.

I knew this fact immediately by reading the very first line of the decision: “Congress spoke clearly in 1878 when it adopted the ACP, prohibiting the use of the American army to execute domestic law.” Nothing in this declaration is correct. Congress did not speak clearly; A coalition of actors, republicans and democrats, with very different motivations, pushed the language of this law, that many of them thought meant different things. And the ACP does not prohibit the use of the American army to execute domestic law.

Let’s talk, are we going?

In 1874, the Democrats recognized the American house for the first time since the advent of the civil war. Southern Democrats had a primordial concern – to put an end to reconstruction in the South, which would result in a renunciation of all the Southern White Democrats and the priority of blacks in the South, carpet carpets and scalawags. In 1876, there was the famous disputed election, where the Democrats held the Chamber, but the Republican Rutherford B. Hayes was recognized as the winner of the presidency by the South Democrats in exchange in exchange for the few southern states still controlled by the North forces to return to the control of the Democrats of the South.

In 1878, Democrats used ACP as a corner problem to exploit the divisions of the Republican Party. The Democrats knew that the American army, which, after the civil war, was strongly republican, was increasingly in distress by the use of the military forces in “possessions” in the southern states.

Now everyone reading this knows what a “pose” is. When the nasty of the cowboy film does something bad, the city dwellers meet and organize a group of people, called a group, to capture it. This included all men above a certain age, which also meant that the posse could include army soldiers. It was a big problem for the military hierarchy, as it meant that a local official could attract soldiers from the army, keep them away from his own leadership and use them for non -military purposes of this official.

Often, in the southern states, civil servants used soldiers to protect the voting rights of black citizens.

Thus, unlike the belief of judge Breyer, the Democrats of the Chamber who introduced the ACP put an end to their arguments more on an appeal to the Republicans who were sympathetic to the concerns of the military according to which the chain of command was not honored, rather than for an appeal to any high -level principle concerning the army being used to enforce the law. The debate of the Senate, where the Republicans have held the majority, rarely, if never, mentioned the latter. In fact, GOP members focused exclusively on the concerns of the military. In the end, the final vote for the language of credits which included the ACP came massively from the Republicans in the two chambers.

This, using normal logic, means that Congress largely passed the ACP to prevent possessions from including army members.

Then there is the declaration of judge Breyer according to which the PCA “prohibits the use of the American army to execute domestic law”. It is not correct either.

Related: Breaking: Federal Judge finds the deployment of Trump’s National Guard of Trump Admin flies posse Comitatus Act

Not so fast, Newsom: the American lawyer appointed by Trump rains the parade of the left victory on the National Guard

As always, during the interpretation of a law, it is important to start with the language of said law. 18 American code § 1385, ACP, declares:

Anyone who, except in cases and in circumstances expressly authorized by the Constitution or the act of Congress, voluntarily uses part of the army, the navy, the navy, the air force or the spatial force as comitatus or other, or no more than two years.

This means that the ACP has five elements. To violate the ACP, someone must: (1) voluntarily (2) use the army, the navy, the marine body, the air force or the spatial force (3) as a comitatus or otherwise (4) to execute the laws (5) in a way which is not expressly authorized by the Constitution or an act of congress.

Note that two of these elements, the two and four numbers are the definition of Breyer for the use of the army “to execute the laws”. But only one part; The courts are also supposed to check the other elements, to see if the APC has been raped.

In fact, the definition of CW concerning the ACP, which Breyer Régurgite, was expressly rejected by Congress in 1878. Twice, the members pushed to abandon the other elements of the ACP in addition to these two, and the two times, the respective Congress Chamber did not codify it.

This should mean that the ACP cannot be defined only as using the army to execute the law.

Judge Breyer never discusses any of these other elements of the ACP. He never determines that Donald Trump acted “voluntarily” and thus violated the first element. He never mentions the third element “as Comitatus or not”, which is not clearly defined. The comitatus part of the element concerns the concern of the military by prohibiting its use in possession; The “or otherwise” is the unclear part. Breyer immerses himself in the fifth element, although his discussion is hampered by his misunderstanding of the entire debate itself.

Breyer also spends a lot of time analyzing the military regulations concerning what executes the law. These are regulations and are not based on the law.

In the end, the decision of Judge Breyer is determined by a judicial doctrine (law made to the judge), which conflicts with the real law adopted by the congress and accepted by the president. Because it is a doctrine, it can be rejected by the congress and the president at any time.

This is also a bad decision and should be canceled by a higher court.

Publisher’s note: Radical left judges do everything they can on the agenda of the president of the hamstrings to make America again large.

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