Horowitz: President Trump should read Black Lives Matter the Riot Act – and the Insurrection Act
The hallmark of a first-world country is not that violence never occurs within its borders, but that once it does, the damage is mitigated immediately and the perpetrators are punished and future criminals deterred. Yet here we are, over 80 days into this national insurrection by terrorist groups like Back Lives Matter and Antifa, and there is no end in sight. Trump is president today, not just after November 4. It's time for him to use his inherent power to put down the insurrection.
The fact that crowds can celebrate about shooting a Trump supporter in cold blood, rampage through Oakland and chant "death to America," and burn down Kenosha until it looks like Beirut demonstrates that we are no longer dealing with belligerent protests or even rioting, but with deadly terrorism. Our tactics – both at the state and federal levels – must comport with this reality.
On the state level, the notion that somehow police must stand back and allow "protests" to fester until they get out of hand and uncontrollable is absurd. When there is clear and present danger that gatherings lead to violence, they can be dispersed. As the Supreme Court said in Cantwell v. Connecticut (1940), "When clear and present danger of riot, disorder, interference with traffic upon the public streets, or other immediate threat to public safety, peace, or order appears, the power of the State to prevent or punish is obvious." Thus, any discussion of "right to protest" is out the window, especially after an 80-day track record and trail of devastation in its wake.
Then there is the federal role. The notion that the Constitution and statute somehow keep the federal government neutral or removed from an organized insurrection is misguided and dangerous. From the early days of the Whiskey Rebellion through the Civil War-era insurrections, the federal government has been at the forefront of restoring peace when states are either inherently incapable or unwilling to protect civil liberties and punish violent forces, especially when they cross state lines and are national in scope.
http://www.scoopyweb.com/2020/09/horowitz-president-trump-should-read.html