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December 5, 2024

Deep State Pleads For Biden Pardons As Trump Embraces “America’s Most Dangerous Law

By: Sorcha Faal, and as reported to her Western Subscribers

A thought-provoking new Security Council (SC) report circulating in the Kremlin today first noting President Putin proclaimed at the “Russia Calling!” investment forum: “Nowadays, everything from the East is better than from the West”, says this proclamation was followed by the news: “France’s government has fallen...In dramatic scenes at the National Assembly on Wednesday, the government — led by Prime Minister Michel Barnier — lost a no-confidence vote, effectively ending it...Not since 1962 has a French government been forced out this way”, then it was revealed: “South Korean police have launched a probe targeting President Yoon Suk Yeol, after he briefly imposed martial law”.

The brutal reality of so-called socialist Western democratic values, this report notes, is best exampled by South Korea, that the United States has controlled since 1948, but whose only leader in 76 years to remain unscathed was South Korean President Moon Jae-in, who was fiercely protected from harm by President Donald Trump—and whose list of South Korean presidents documents for history:

Presidents of South Korea

1. Syngman Rhee (1948–1960) – Overthrown. 

2. Yun Bo-seon (1960–1962) – Overthrown. 

3. Park Chung-hee (1962–1979) – Assassinated. 

4. Choi Kyu-hah (1979–1980) – Removed by a military coup. 

5. Chun Doo-hwan (1981–1988) – Sentenced to death after his presidency. 

6. Roh Tae-woo (1988–1993) – Sentenced to 22 years in prison after his presidency. 

7. Kim Young-sam (1993–1998) – Imprisoned during the term of President No. 3. As president, secured convictions against two of his predecessors. 

8. Kim Dae-jung (1998–2003) – Imprisoned under President No. 3 and sentenced to death under President No. 5 (later pardoned). Nobel Peace Prize laureate. 

9. Roh Moo-hyun (2003–2008) – Impeached (later overturned by the Constitutional Court). Investigated for corruption after his term and committed suicide. 

10. Lee Myung-bak (2008–2013) – Arrested for corruption after his presidency; sentenced to 15 years in prison. 

11. Park Geun-hye (2013–2016) – Impeached and arrested for corruption; sentenced to 24 years in prison. 

12. Moon Jae-in – Recent president; no imprisonment. 

13. Yoon Suk YeolImpeachment likely.

In viewing the crisis in South Korea, this report continues, it caused leftist New York Times legal columnist-attorney David French to throw behind his newspapers paywall today the warning open letter “Can Martial Law Happen Here?”, wherein he assessed in terror:

Well, that was dangerous — and absurd.

On Tuesday, the president of South Korea, Yoon Suk Yeol, suddenly declared martial law.  He suspended political activity in one of the world’s most advanced and prosperous democracies and attempted to place the media under government control.

Can this happen here?  Can an American president — or any other American leader — create a similar political emergency?

The short answer is no.  The longer answer is yes — if a president (or a governor) exploits ambiguities in American law.

Let’s deal with the short answer first.  Unlike South Korea, the United States has no clear constitutional mechanism for a president to simply declare military rule.  State governors do have the ability to declare martial law in the event of an emergency, but governors can’t abrogate the federal Constitution, and any declaration of state military control is subject to judicial review.

There have been a number of limited declarations of martial law in American history.  Gen. Andrew Jackson declared martial law in New Orleans for three months during the War of 1812, and President Franklin D. Roosevelt declared martial law in Hawaii after the Japanese attack on Pearl Harbor, to give two examples.

In addition, President Abraham Lincoln declared martial law in 1862 and applied it to “all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia draft or guilty of any disloyal practice affording aid and comfort to rebels against the authority of the United States”.  But there is no American constitutional authority for military rule comparable to the one in the South Korean Constitution.

The longer answer, however, is far less reassuring.  While there is no constitutional mechanism for military control, history demonstrates that American leaders will sometimes press their war powers beyond the constitutional breaking point (while Roosevelt’s declaration of martial law in Hawaii was defensible, his internment of Japanese Americans was not).

Even worse, there is a statutory basis for military intervention in domestic affairs, and the statute — called the Insurrection Act — is so poorly drafted that I have come to call it America’s most dangerous law.

The Insurrection Act is almost as old as the United States itself.  The law dates to 1792, and it permits the president to deploy American troops on American streets to impose order and maintain government control.

There is nothing inherently wrong with granting a president such power, so long as it is properly circumscribed.  There are numerous examples of lawless defiance of government authority, from the Whiskey Rebellion in George Washington’s second term, to the Civil War, to southern resistance to Reconstruction and to the Los Angeles riots in 1992 (the last time the act was invoked).

But the statute itself is terribly written.  The first section isn’t problematic — it permits the president to deploy the military upon the request of a state legislature or governor, if the legislature can’t convene.   That makes sense.  If a governor has lost control, he should be able to appeal to federal forces for help.

The next two sections of the statute, however, are much worse.  Section 252 of the act gives the president the authority to deploy troops domestically “whenever the president considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any state by the ordinary course of judicial proceedings”.

Section 253 has similar language, granting the president the power to “take such measures as he considers necessary” to suppress “any insurrection, domestic violence, unlawful combination or conspiracy”.

Note the extreme trust placed in the president.  He can call out troops when he considers it necessary.  There is no congressional oversight.  If he believes he needs troops in the streets, he can order troops in the streets.

And in fact, Trump almost invoked the Insurrection Act during his first term.  In the summer of 2020, he considered ordering federal troops to suppress the urban unrest that exploded after the murder of George Floyd, but he ultimately backed down after his secretary of defense, Mark Esper, publicly stated his opposition to Trump’s plan.

Since he left office, however, Trump has openly regretted not deploying troops in 2020, and his allies have urged him to use the Insurrection Act during his second term, to control the border or to suppress demonstrations.  Or both.

But the Insurrection Act isn’t the only dangerously ambiguous and open-ended provision of American law that could expand the authority to use the military for domestic law enforcement.  Presidents aren’t the only American leaders who can cause chaos, and a number of Republican governors are seeking to expand their own authority to use force.

Article I, Section 10 of the Constitution denies states the power to engage in war unless they are “actually invaded”.  Article I, Section 9 protects the writ of habeas corpus (an ancient legal doctrine that allows an imprisoned person to petition for release) “unless when in Cases of Rebellion or Invasion the public safety may require it”.

Lincoln relied on Article I, Section 9 when he revoked habeas corpus during the Civil War, an obvious case of rebellion.

You might think that the meaning of these passages is clear, that an invasion is easy to define.  Think, for example, of Russia’s invasion of Ukraine or of North Korea’s invasion of South Korea in 1950 — violent attacks that are intended to destroy or occupy sovereign nations.

Yet a number of red-state governors — including, most notably, Gov. Greg Abbott of Texas — have deemed the surge of migrants at the border an “invasion”.  Texas used this purported invasion to justify placing barriers in the Rio Grande, although those barriers would otherwise violate federal law.

Earlier this year, Ilya Somin, a law professor at George Mason, wrote a piece in Lawfare explaining the original public meaning of “invasion” in the Constitution.  In the words of James Madison, the term refers to “an operation of war”, and “to protect against invasion is an exercise of the power of war”.

Frank Bowman, a professor emeritus at the University of Missouri School of Law, wrote in Just Security that throughout the 1787 Constitutional Convention and the ratification debates, “With a handful of exceptions where ‘invasion’ is used metaphorically, as when referring to an ‘invasion of rights’, the word invariably refers to a hostile armed incursion into or against the territory of the states or the nation, an incursion that must be met with a military response”.

In a decision issued in July, the Fifth Circuit held that the Texas barriers did not conflict with federal law, but they did so without answering whether the migrant surge constituted an invasion within the meaning of the Constitution.

In a concurring opinion, however, Judge James Ho — who is reportedly on Trump’s short list to fill the next Supreme Court vacancy — wrote that it’s not for courts to decide whether an invasion occurred. That’s a political question, to be decided by the elected branches of government. Under this reasoning, if the president says there’s an invasion, then there’s an invasion. Similarly, if a governor says there’s an invasion, then there’s an invasion.

If Ho’s reasoning was adopted by the Supreme Court, then unscrupulous presidents and governors would enjoy immense new authority over war, peace and due process.  Economic migrants and asylum seekers could be treated as enemy combatants.  Presidents could order large-scale detentions, without granting detainees access to federal courts.

Trump can still use the Insurrection Act to call out the troops when he wants to call out the troops.  He can declare an invasion and dare the courts to disagree.

With everyone knowing President Trump has fully embraced “America’s most dangerous law” and intends to use it, this report concludes, Deep State operatives have begun pleading for President Joe Biden to grant them preemptive pardons—and as to why these Deep State operatives desperately need preemptive pardons, Executive Director Mike Benz of the Foundation For Freedom Online, whom President Trump placed in the State Department during his first term, began revealing four months ago, and yesterday, he bone chillingly described to the world’s top podcaster Joe Rogan how the Deep State is waging total war against the American people.

[Note: Some words and/or phrases appearing in quotes in this report are English language approximations of Russian words/phrases having no exact counterpart.]

 

 

 

 

 

 

December 5, 2024 © EU and US all rights reserved. Permission to use this report in its entirety is granted under the condition it is linked to its original source at WhatDoesItMean.Com. Freebase content licensed under CC-BY and GFDL.

[Note: Many governments and their intelligence services actively campaign against the information found in these reports so as not to alarm their citizens about  the many catastrophic Earth changes and events to come, a stance that the Sisters of Sorcha Faal strongly disagree with in believing that it is every human being’s right to know the truth. Due to our mission’s conflicts with that of those governments, the responses of their ‘agents’ has been a longstanding misinformation/misdirection campaign designed to discredit us, and others like us, that is exampled in numerous places, including HERE.]

[Note: The WhatDoesItMean.com website was created for and donated to the Sisters of Sorcha Faal in 2003 by a small group of American computer experts led by the late global technology guru Wayne Green (1922-2013) to counter the propaganda being used by the West to promote their illegal 2003 invasion of Iraq.]

[Note: The word Kremlin (fortress inside a city) as used in this report refers to Russian citadels, including in Moscow, having cathedrals wherein female Schema monks (Orthodox nuns) reside, many of whom are devoted to the mission of the Sisters of Sorcha Faal.]

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