[0] https://www.cnn.com/2024/10/13/politics/trump-military-enemy...
[1] https://www.washingtonpost.com/elections/2024/10/24/trump-mi...
[2] https://www.military.com/daily-news/2025/01/27/here-are-all-...
Putting active duty military members on Title 10 orders, such those of the 82nd Airborne Division which reporting indicates Trump also wanted to use in 2020, would also be an obvious violation of Posse Comitatus if those troops were used to arrest, surveil, or otherwise control protestors. Active duty troops may perform in a supporting function for domestic law enforcement, such as by providing engineering, logistics, or communications to law enforcement, which is what US troops do when they're on the border (or when they are supporting counter-smuggling operations).
But if an army actually crosses the Rubicon? Turns out that law doesn't count for much when the other guy has an army, and all the senators have to flee the country.
Then the guy with the army is in charge. He can retrospectively legalise his actions, grant himself a pardon, and fill recently-vacated positions of power with allies who'll sign it all off.
So while the exact details of "Title 10" and "Posse Comitatus" are very important to an army before they cross the Rubicon - if they do cross the Rubicon the law will suddenly turn out to be far more flexible than anyone expected, and it'll turn out their actions were legal after all.
Caesar's civil war was illegal under the laws of the Roman Republic. Caesar successfully took power, so there was no one to enforce those laws, but he did break them, and ultimately, the Republic. As far as I know Caesar never even bothered legitimizing his war or self-pardoning - he didn't need to, he won and the Senate made him dictator for life.
> So while the exact details of "Title 10" and "Posse Comitatus" are very important to an army before they cross the Rubicon - if they do cross the Rubicon the law will suddenly turn out to be far more flexible than anyone expected, and it'll turn out their actions were legal after all.
This is very important: only if they win will their illegal actions go without punishment, and winning is not guaranteed.
There is a reason we generally prefer the rule of law to the rule of power.
This "armed and emotional" bit gives off some real "I never served and don't understand the military as much as I think I do" vibes.
Yes, I'm saying that given the right circumstances what is legal on paper does not matter in the real world.
> This "armed and emotional" bit gives off some real "I never served and don't understand the military as much as I think I do" vibes.
I have never served but I have read history books. This isn't a pure hypothetical: these things have happened before, there are examples going back as far as you would like. My sibling comment even expanded on one of these.
> I'm sorry
If you're sorry then I think it would have been possible to edit your comment not to have the tone of personal insult.
But you did claim that, or at least imply it, so here we are.
Care to explain how having weapons or emotions is insulting? Everyone serving in the military is a human and humans have emotions. There's no shame in that and I think it requires quite a mean spirited mis-reading of what I said to take that from it.
> the ability to keep a cool head in the midst of trying and even horrifying situations
I think we're in agreement, you just have a different idea of what it means to be emotional. The desire to maintain a cool head in the face of horror is based in emotion. The effect of keeping a cool head might be exactly the reason why the technicalities of legality break down.
All that said we also have to remember that not everyone serving is a "great military leader" and that's also part of the point at hand.
> it comes down to people who are armed and emotional.
This implies that real people are making emotional decisions instead of guided by reason.
> technical terms like this of what is and isn't permitted
These technical terms that you are discounting are some of the real weapons that human beings use to give them options beyond simply following orders that they disagree with.
This is an incredibly nuanced topic, and to reduce it to people making "armed and emotional" decisions shows a lack of appreciation for what people try to do in difficult situations.
I would point out the humour in an emotional reaction to my choice of words derailing the conversation but the realisation that there are people who believe their "great military leaders" are somehow "above" emotions and that this is a good thing is genuinely terrifying
People including myself have emotional reactions, but I choose to respond with a reasoned explanation, and I certainly wouldn't engage in violence with you over it, even if a portion of my lizard brain demanded that I should.
You've added the words "primary driver" here yourself, I never made such a claim. But I hope you can see that not only that leap but also your desire to overcome your "animalistic" emotions are both rooted in emotion.
I won't waste my time looking for evidence for a claim I didn't make and I don't think it's up for debate that the majority of people in the armed forces are "armed and emotional." But in terms of the original claim that checks and balances only serve up to the point of human failure I could point to any number of examples and would repeat the fact that others have raised some in this thread.
Article II and Congress have invested absolutely vast powers in the Presidency. The main check on their exercise is not Congress, or the Judiciary, or even the Deep State, but rather just traditions. Unfortunately, both parties have been attenuating those traditions for many administrations.
I don't think we're going to see the US government morph, Roman style, into a new form of government that's only nominally a republic. I think it's already happened quite some time ago. And just like in ancient Rome, most people have no idea it happened, because it will continue to use the same legal structure, just applied in new and interesting ways.
What we're seeing now is the struggle between two factions of the elites over who controls this new system.
True.
> National Guard members can only perform domestic law enforcement duties when under the command of a state's governor and TAG.
False. Posse Comitatus (18 USC Sec. 1385) does not prohibit the military (including the National Guard when called into federal service) from being used for domestic law enforcement, it prohibits that from being directed by those without specific authority in the Constituton or act of Congress to do so. The Insurrection Act provides authority to the President to do so, either at the request of state governments (10 USC Sec. 251) or on his own unilateral determination of necessity (10 USC Sec. 252, 253).
> Mr. Kelly said that Mr. Trump was repeatedly told dating back to his first year in office why he should not use the U.S. military against Americans and the limits on his authority to do so. Mr. Trump nevertheless continued while in office to push the issue and claim that he did have the authority to take such actions, Mr. Kelly said.
From his Oct 2024 interview with NYT: https://web.archive.org/web/20250213113815/https://www.nytim...
So Trump wanting to deploy the National Guard to stop his imagined election day interference, or to deal with rioters, would fall under the same rules as if he were to try to deploy the US Army for those tasks.
But Trump provided zero details about how he might use the military. Zero.
He didn't say "i don't care about Posse Comitatus Act" or "I will personally deploy them as the Commander in Chief".
This is like someone saying "If I find out you stole my bike, I will come to your house and take it back" and people saying "oh my god, doesn't he know murder is illegal? you can't go into someone's house and kill them just because they stole from you!"
Assuming Trump will break the law when he nothing in his comments suggested he would AND he has legal channels with which to do it (send a formal request to a govenor), is not a reasonable nor logical thought process.
I don't recall the same hysteria when Obama said he was going to deploy troops to the Mexico border for law enforcement because of cartel violence.
https://www.army.mil/article/18189/obama_considers_deploying...
He even said he will "continue to do what's necessary to secure our shared border." Whatever is necessary?!? Doesn't he know it's illegal for the President to deploy US troops inside the US?
Amazing how the media gives him a pass and is happy to explain how he'll do it all legally, but Trump makes a comment and the media (and HN) assume he's breaking law before he's even done anything.
By going out of his way to flout norms, Trump has brought this sort of mistrust and criticism on himself. Therefore, it's not really reasonable for his supporters to complain about it, it's exactly what they signed up for. Remember that Republicans style themselves as the party of personal responsibility.
Four years of this TDS is going to be exhausting.
He also oversaw numerous prosecutions of his political opponent, solely designed to stop him running.
Odd conclusion. Why would you think solely? Are you familiar with the evidence in the documents case?
In the documents case, Trump clearly violated the law, based on evidence now in the public record. National security documents he was not entitled to were handled illegally, in ways that others have been prosecuted and convicted for. In really, really bad and scary ways, like nuclear-level secrets in an unlocked closet ways. With pictures. And videos. In the place he lets random foreign enemy political figures AND THEIR SECURITY STAFF run around.
The predominant reason someone like Biden or Bush doesn’t get prosecuted is because they don’t do this shit. Second, because of norms, they transparently cooperate when they make mistakes. Even still, Trump was handled with kid gloves. The documents prosecution took years and was ultimately a massive waste of time.
So if the sole reason was to disadvantage Trump, wasn’t it real dumb? Wouldn’t a more reasonable motivation be that the hundreds of elite law enforcement agents were doing their jobs / protect the country from a clear and present national security threat?
Biden mishandled secret documents but escaped prosecution by being mentally unfit. He kept them in his garage, I believe.
Bill Clinton hid secret documents in his sock drawer.
Hillary had her secret email server with classified information on.
It was a referent to Trump having thousands of documents, including nuclear secrets and other SCIF material.
Please provide evidence of any of these other people doing it with nuclear secrets.
Please provide evidence of these other people risking national security by giving access to their sock drawers or email servers. Trump lets anyone into Mar A Lago. Anyone including known Chinese spies: https://www.npr.org/2019/09/11/759906611/chinese-woman-who-b...
Here’s a convenient wikipedia article summarizing sources and showing you pictures of what Trump did: https://en.m.wikipedia.org/wiki/FBI_search_of_Mar-a-Lago
You honestly think these behaviors are equivalent or comparable severity?
I'm pretty sure Trump doesn't let just anyone into the rooms where the secret documents were. You realise Mar a Lago is a 17 acre country club, right? It's not a 3 bedroom house.
And if you think Gmail is secure you need to read up on the DNC email leak.
But to your point about where they were, that would be a public bathroom amongst others: https://www.cnn.com/2023/06/09/politics/heres-where-donald-t...
So yeah. I do think he completely and openly abused our country and everything it stands for, by letting anyone into those rooms, exactly as you implied. We know for a fact that ONE Chinese spy has been caught. I linked it already. So for all the other spies that weren’t caught - including Israeli, German, Russian, etc - they know exactly what Trump had. It’s a shame we don’t.
My assumption is that he wasn’t prosecuted for treason because the documents weren’t actually valuable. Classified doesn’t mean important, just that we obey laws about it.
Edit: Didn't even have to go back a month: "The Project 2025 that he disavowed? Do you want trying arguing with facts rather than some evil figment of your imagination?" Of course, it was already ridiculous making that argument a month ago, and I'm sure you'll still say that's a figment of everyone's imaginations.
https://www.pbs.org/newshour/politics/watch-i-have-nothing-t...
Please try and find some facts to argue with.
Why don’t you start first and show us all how it’s done?
The answer: Numerous examples of Trump threatening to use the US military against US citizens
The retort: He didn't explain exactly how he would do it, so it's not a threat.
> This is like someone saying "If I find out you stole my bike, I will come to your house and take it back" and people saying "oh my god, doesn't he know murder is illegal? you can't go into someone's house and kill them just because they stole from you!"
No, it's like someone saying I'm going to steal your bike, then you tell other people they said they're going to steal your bike, then someone else defends them arguing they didn't say how they were going to steal your bike so stop saying they said they're going to steal your bike.
Because he keeps breaking the law. Repeatedly. The better part of term in office this year has been spent violating the constitution, and lets not forget he's a convicted felon despite all the effort put towards making him immune from the law.
That's deploying military inside US against its citizens. You just argue it might be a good idea.
(When the National Guard is under the command of the federal government, rather than state governor, they are, obligation- and restriction-wise, the same as the US military.)
I do wish either riot police or the National Guard was deployed on Jan 6th though. But neither Trump nor anyone in the chain of command with that authority did, which only emphasizes how it was orchestrated and intentional.
Upvoted because it provide more context, not because I agree these are good reason.
All of those situations still have the problems associated with deploying the military against civilians: The military isn't trained to carry out appropriate law enforcement. It compromises trust in and support for the military. It tends to be used disproportionately against the left rather than the right. It is easily abused to suppress dissent. Etc.
This doesn't seem to hold well in practice.
> The moment protestors cross over to vandalism and violence, they're rioters and not mere protesters.
And this seem to be usually applied collectively (in obvious opposition to basic human rights) in practice. Often in cases where the violence wasn't done by the protesters and even in cases where the violence was against the protesters.
Also, police has a really shitty history of capturing and holding into account the actual violent people. They usually go free for turning the next protest violent too.
And both happen again and again, all over the world.
Also very possible that the state actors are the ones beginning the violence which is well documented to have happened during the Troubles in Northern Ireland.
On the other hand, nor are the police.
https://www.aljazeera.com/news/2024/7/25/trump-blasts-harris...
Coming from a government who qualifies everybody they don't like as “radical left” it's not reassuring at all…
Hilariously, I was early in the tea party stuff until it was clearly coopted by the Ted Cruz types.
I've consistently been a centrist libertarian for decades. If a person feels I am a radical leftist, I am confident they are working from a skewed worldview.
We have had a social contract since the 1930s to take care of each other through taxes. Like it or hate it, to change this requires the legislature. Current gutting is based on executive action, lawlessly, capturing rents, quashing regulatory enforcement for a certain Mr. Musk and buddies, and otherwise capturing the function of the state and government, to the benefit of cronies. This is antithetical to liberty and freedom.
Oh good, no government has ever tried to justify authoritarian policies via scapegoating their political opponents as being "radical" and requiring force to suppress. Thanks for clearing that up!
not to mention the brazen attempts to pressure states, specifically Georgia, to "find" enough votes to change the election outcome:
https://www.nytimes.com/2021/01/03/us/politics/trump-raffens...
https://www.atlantanewsfirst.com/2023/02/15/read-full-transc...
Well we can certainly trust Pro Publica to pick the most peaceful examples, but we don't really need the videos of what happened outside. The White House finally, after being forced, released the internal camera footage. I don't think that shows any coup attempts.
There is also the "pipe bomb" that got memory-holed, and the role of FBI provocateurs that isn't fully explored yet.
I certainly remember the pipe bomb. No memory hole of that: https://www.fbi.gov/video-repository/january-5-pipe-bomb-inv...
FBI provocateurs? Citation?
There were federal personnel among the rioters, but they weren't, to any evidence, either FBI or provocateurs (there were both active-duty military intelligence personnel and at least one DEI agent arrested and charged.)
"FBI provocateurs" seems to be one of the mutually contradictory stories adopted by the MAGA cult (alongside "it was a violent riot -- but by Antifa", "and it was MAGA, but it was peaceful, no different than tourism".)
This was supposed to be "DEA agent", but, you fingers do funny things sometimes.
The FBI has admitted it had 26 informants at the protest.
Nobody has been caught for the pipe bomb and it was barely mentored for 4 years.
It is unacceptable that there have been no arrests for the pipe bombs. Do I think that’s evidence of some sort of deep state cover up “false flag” operation? Nope.
Also there were massive problems with Georgia's election process in 2020, nobody denies that today so why should we keep using the least charitable interpetation possible of Trump's words?
The threatened immigration sweeps and the talk of removing birthright citizenship tie into this. If the troops are reluctant to be deployed against US citizens, simply make the people you want to deploy them against not US citizens any more.
The whole point of birthright citizenship is to create a clear, unambiguous means of testing if someone is a citizen so that people cannot be disenfranchised easily even by a hostile executive. If you can produce a birth certificate, you are a citizen end of discussion. As someone who disagrees with what is happening, my biggest fear is that myself, my son, or my family could be declared "not a citizen" and forcibly removed to some other country where we are also not citizens under a new system. This is not a good thing for the US.
https://warontherocks.com/2020/10/let-the-generals-speak-ret...
> In May 2020, protests emerged in the aftermath of the killing of George Floyd by a white police officer, as well as other incidents of police brutality against African Americans. In these protests there was in some cases significant property destruction and looting. In response, more than 20 states and the District of Columbia activated the National Guard to assist in stabilizing the situation.
> By June 1 Trump was reportedly ready to send 10,000 regular military troops to the streets — forces usually used in external conflict. He threatened to invoke the Insurrection Act, which would have allowed him to deploy the troops without the governors’ permission. Active-duty troops were brought to the Washington, D.C., area, including some from the immediate response force brigade of the Army’s 82nd Airborne Division. For a few days it looked like Trump might send in the troops, precipitating the retired officer commentary detailed below. Ultimately the president did not invoke the Insurrection Act and the troops were sent home.
It wasn't just Trump: https://www.nytimes.com/2020/06/03/opinion/tom-cotton-protes...
https://www.defenseone.com/policy/2020/10/helicopters-over-d...
https://media.defense.gov/2021/May/27/2002730396/-1/-1/1/DOD...
https://abcnews.go.com/Politics/soldiers-disciplined-helicop...
https://web.archive.org/web/20230607212142/https://casebook....
https://www.usnews.com/news/national-news/articles/2020-06-0...
If the US and Russia negotiate a treaty in Ukraine without Ukraine or the EUs agreement, we could end up in a situation with US troops squaring off against EU/Ukraine military in order to enforce the treaty. Feels like everyone loses except maybe Russia.