INSURRECTION ACT BLUEPRINT
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A condition exists that so hinders the execution of the laws of the State itself that the PEOPLE are denied a constitutional right.
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The State authorities either refuse to remedy the condition or cannot remedy the condition.
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Insurrection, domestic violence or conspiracy is part of the condition.
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Congress is notified immediately and every 14 days thereafter.
ONE EXCEPTION
Natural disaster, epidemic, or other serious public health emergency, terrorist attack with such significant violence that the State cannot maintain public order.
REMEMBER CONGRESS IS NOT OPEN (PELOSI). How can Trump notify Congress of the insurrection act if they are NOT IN SESSION?
If there is domestic violence so much so that the States cannot enforce the law, the President can invoke the Insurrection Act but is checked by the Congress and they obviously would sue.
During an epidemic, serious public health emergency or terrorist attack involving domestic violence threatening public order, POTUS has discretion to call forth the armed forces or national guard in federal service to suppress the violence/conspiracy or insurrection.
The only reason I could suggest is optics. It has to be bad enough domestic violence that seriously threatens public order such that State law cannot be enforced.
Some cities have reached that. But it would also help if the governors requested it. They will play into this by accusing him of a dictatorial takeover confirming the bullshit narrative they have fed the last 3 years of Trump being an authoritarian takeover.
That's a threat to the rule of law even more. So at what point is it bad enough? It has to be a significant threat to public order. I'm thinking if it continues at its current pace it will absolutely be so. But not every state.
They will sue over it and if the conditions aren't bad enough, POTUS won't have the power to do it.