Even if President Trump is no longer President does not mean that martial law cannot be declared.
The most important distinction is that under martial law the ranking military officer in command of ... View MoreEven if President Trump is no longer President does not mean that martial law cannot be declared.
The most important distinction is that under martial law the ranking military officer in command of the force on the ground will become the head of civilian government for the duration.
President Lincoln imposed martial law on the Northern and Copperhead states during the American Civil War but he allowed the military to administer it with autonomy. There were military tribunals that were erected to prosecute those accused of treason.
If the Insurrection Act or a National Emergency was declared, someone would have to serve either as President or as Chairman of the National Security Council. FEMA would the bureaucratic agency administering the broad out lines of the NSC.
With the declaration of martial law, there would be no need as the ranking officers of the military would totally be responsible as their subordinate officers on the ground would have expanded discretionary authority.
Please brace for anything and everything. Please stock up on basic supplies.
So many twists and turns.
If FEMA becomes in charge, the military will have no say. That statement made by the Joints Chief Of staff becomes moot.
FEMA will still answer to Trump but only in an in... View MoreSo many twists and turns.
If FEMA becomes in charge, the military will have no say. That statement made by the Joints Chief Of staff becomes moot.
FEMA will still answer to Trump but only in an indirect manner since he would be the Chairman of the National Security Council in dealing with that specific issue(foreign interference in an US election).
As Chairman of the NSC, he would issue the broad guidelines to FEMA in the handling of this matter. They would be responsible for their own day to day operations. He would not be able to control them as much as he would members of his own cabinet or heads of the federal government agencies.
This is analogous to you building your house. Your contractor would have to follow your broad guidelines but you would not be able to dictate what specific materials he would use, how many people he would have to employ, and how much he would have to pay his staff.
Most people do not realize that the National Emergency that declared in September 2018 in reference to all elections in the United Sates is still in effect.
The Director Of National Intel... View MoreMost people do not realize that the National Emergency that declared in September 2018 in reference to all elections in the United Sates is still in effect.
The Director Of National Intelligence has 45 days to report his findings of any possible foreign interference to federal government agencies, particularly the Attorney General and Secretary Of Homeland Security. After their receipt of it, the AG and Homeland Security secretary report their findings to the President and other Cabinet officials.
This means the President has until February 1st of this year to receive that report. Once he receives that report and that report states that foreign interference took place in any election, the President can unilaterally invalidate that specific election only.
Since Executive Order 13848 is still current, the President has that authority. National Emergencies give the President that type of authority. The POTUS will use FEMA to execute that order and cancellation.
Vice-president Michael Pence can only open the envelopes from states who have followed its own laws in their handling of the Presidential election. Its own laws meaning law(constitutional or statutor... View MoreVice-president Michael Pence can only open the envelopes from states who have followed its own laws in their handling of the Presidential election. Its own laws meaning law(constitutional or statutory) that were passed by the state legislature!
On January 6th, if objections are raised by any member of both houses(House Of Representatives and US Senate), then both houses should decide which electoral votes from the state in controversy are either lawful or unlawful. If a majority of members from both houses agree that a specific slate of electoral votes are lawful, then that specific slate of electors will be deemed as lawful.
It is possible a majority may not be achieved in either house if there are a dual slate of electors. This is because there are three choices that can be made in this scenario. A federal legislative house can pick one slate of electors by majority. However, a slate of electors may not achieve a majority of votes in a federal legislative house if its members, in choosing not to select either slate of electors as lawful, causes a majority vote for either slate of electors to not be achieved.
Both houses have to agree that votes,from a specific slate of electors from a specific state that has been objected to, are lawful. If this is not the case in which both houses cannot agree on the preceding, then the electoral votes cast by the specific slate of electors that were submitted by the representative of the executive branch is officially counted. The Certificate Of Ascertainment that was previously submitted by that specific representative becomes official.
The 2nd Paragraph of 12th Amendment states that the Vice-President(President Of The Senate) opens the certificates in the presence of US Congress.
He or she is not to be concerned as to what slate o... View MoreThe 2nd Paragraph of 12th Amendment states that the Vice-President(President Of The Senate) opens the certificates in the presence of US Congress.
He or she is not to be concerned as to what slate of electors were chosen. He or she is only concerned about whether the process of selecting the list of of electors, whoever it may cite, met the basic constitutional requirement.
That basic requirement is that the electors, whoever they may be, were selected in the manner prescribed by that specific state legislature.
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