mj2468.bsky.social profile picture

MJ

@mj2468.bsky.social

1057 Followers

1154 Following

  1. The President cannot commandeer any local law enforcement. The President does not run the Smithsonian. The monthly BLS jobs report is required by law. Release the Epstein files.

    Thank you for your attention to this matter.

    940
  2. A prescient warning from retired military officials as SCOTUS weighed presidential immunity in Trump v. United States:

    “Absent the availability of criminal prosecution for a President's violation of the PCA, this important check on military power would be weakened if not eliminated.”

    of our military.
Beyond increasing the likelihood that service members would face the fraught decision of whether to invoke the duty to disobey and undermine th chain of command necessary to our national security, Petitioner's theory would also remove specific checks on presidential authority over the military. For example, the Posse Comitatus Act of 1878 ("PCA") criminalizes the use of the armed forces to enforce civilian laws, subject to exceptions "expressly authorized" by Congress. 18 U.S.C.
§ 1385.5 The PCA thus prevents Presidents from deploying the military within the United States to police civilian "compliance" with laws such as voting regulations. But, absent the availability of criminal prosecution for a President's violation of the PCA, this important check on military power would be weakened if not eliminated.
Finally, and critically, the commitment of the U.S. military, throughout the entire chain of command, to the
5 Some exceptions are longstanding, see 10 U.S.C. $$ 251-252 (the Insurrection Act), and the Insurrection Act enables Congress to authorize further exceptions as exigencies require, see, e.g.,
6 U.S.C. § 466 (affirming the importance of the PCA while authorizing exceptions for disaster relief).

    Breyer: You're saying there's no civil remedy period. And at least there's an argument to be made that there is immunity under the Supreme Court's decision. So that's it too bad? So sad it's over? And that's the end of the case, even though it's a violation, allegedly, of the Posse Comitatus Act?

    14