After Pres. Trump flirted with idea of using active duty military to 'dominate' protests, critics raised concerns he could seek to expand the boundaries of his power, with several saying the two words they fear most: martial law.
Trump's flexing has grown more frequent since early spring, when the nation was beset by a pandemic and then by mass demonstrations around the country. During an April 14 White House briefing, on one of the darkest days of theoutbreak, Trump made his views on the subject clear by discussing his desire to overrule governors on reopening their states.
During one White House speech last week, Trump declared his intent to enlist the military to quell outbreaks of violence by invoking the rarely-used Insurrection Act of 1807.and federal law to forcefully clear protesters from Lafayette Square, across from the White House, well before curfew, to enable him to pose for a photo with a bible in his hand at a neighboring historic church, damaged by fire amid the protests.
"There is no off switch," said Stephen Dycus, a professor at Vermont Law School, and the lead author of a casebook on the subject of executive power.Dycus said no modern president has moved to expand military power so broadly as to slide the nation toward martial law in peacetime -- where military authority overrules the nation's system of laws. But he worries about the potential response Trump may consider should the coronavirus resurge, or should civil unrest expand.
Dershowitz wrote that martial law can be invoked by the president -- or by a military commander -- only when he or she thinks it is necessary to prevent a total breakdown in society. And inside the White House, lawyers have quietly and vigorously been exploring the boundaries of presidential power and the extent to which it may be expanded, sources told ABC News.
Demonstrators lie on the pavement during a peaceful protest against police brutality and racism, June 6, 2020, in Washington, DC. King speculated that strong backlash to heavy-handed military tactics during those opening hours may have given Trump pause."I think response to what happened in Lafayette Square has been so overwhelming, the president is thinking twice," King said.
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