Trump's Dangerous Attempt to Create a Federal Police Force

6 min read

Hidden within the United States Code lies a potential threat, a figurative landmine if you will, that, if Donald Trump secures a second term as president, or in this case our country’s first dictator, could pose a significant risk to our country. If Congress acts quickly to defuse the landmine now it would protect America. One has to wonder about the what if.

Welcome to That's Life, I Swear.  This podcast is about life's happenings in this world that conjure up such words as intriguing, frightening, life-changing, inspiring, and more. I'm Rick Barron your host. 

That said, here's the rest of this story   

So, let’s talk about this ticking time bomb in our democracy that is unmasking the insidious threat of what is known as the Insurrection Act.

In the dark corridors of the United States Code, a perilous land mine lies dormant—a weapon that, if utilized by Donald Trump in a potential second term, could obliterate the very fabric of our republic. The ominous specter of the Insurrection Act, a federal law granting the president unprecedented powers to deploy military troops as a domestic police force under his direct command, looms large. Congress, however, holds the key to defusing this explosive threat and safeguarding the soul of America. The clock is ticking, and the stakes are nothing short of saving a nation we call the United States of America. At least for now. 

The origins of this legislative behemoth can be traced back to 1792, but time has not refined its flaws; instead, it has magnified them. The theoretical need for a well-drafted law allowing the use of federal troops in extreme circumstances to maintain order and uphold the rule of law is valid. However, the Insurrection Act's deficiencies bestow upon Trump an alarming latitude to harness the colossal power of the state against his domestic adversaries.

Why does this matter?

The gravity of these flaws intensifies as Trump and his allies, acutely aware of the act's provisions, express a sinister interest in its application. Public regrets echo from Trump, upset for  not unleashing more military force to quell the riots following George Floyd's tragic killing in 2020. Suggestions of employing the act as part of a nefarious plot to steal the 2020 election reverberate, and ominous reports circulate, hinting at Trump's intention to invoke the act on the first day of his potential next term—a move to suppress demonstrations, control the border, or both.

Amidst these foreboding reports, Trump's public proclamations cast an ominous shadow. He brands his political opponents as "vermin," promising to obliterate their "sad, miserable existence." Echo’s of Hitler and Mussolini come to mind. A chilling declaration resonates with his followers: "I am your vengeance…your retribution." The connection between Trump's vengeful rhetoric and the unchecked power granted by the Insurrection Act paints a dystopian portrait of a democracy teetering on the brink.

Troops on standby. Courtesy of: New York Times

Currently leading the field of Republican presidential contenders in the polls, candidate Trump is resurrecting the notion of deploying domestic military forces. According to The Washington Post, there are reports of him and his associates actively formulating plans to potentially invoke the Insurrection Act on his inaugural day if he secures the presidency in the upcoming year. This possibility has raised concerns among legal experts, prompting a growing number to question whether it is prudent to reconsider the broad powers granted by the law before any untoward consequences ensue. Aaaah, yeah!

Let there be no doubt as to the depths Trump and his cronies will go. Don’t underestimate the pending chaos that lays ahead. Stop pretending in your mind this won’t happen. Don’t!

The historical backdrop of the Whiskey Rebellion, the Civil War, and Trump's own insurrection on January 6, illustrates the recurrent challenges to federal authority that necessitate some version of the Insurrection Act. However, any such authorization must be meticulously circumscribed, subjected to stringent oversight. Alas, the act's expansive and unchecked authority poses a clear and present danger to the democratic ideals it allegedly seeks to protect.

The Insurrection Act unfolds through various provisions, each more ominous than the last. The first provision, 10 U.S.C. Section 251, seemingly benign, stipulates that:
“the president may deploy troops upon the request of a state's legislature or governor in the event of an insurrection, eliminating unilateral presidential authority”. 

Yet, the descent into peril quickens as subsequent sections grant the president unchecked authority, thus the gloves come off, allowing him to deploy the National Guard or regular army whenever he deems it impracticable to enforce the laws through ordinary judicial proceedings. The key language is chillingly subjective: "whenever the president considers." In other words, deployment becomes the sole prerogative of one man.

The subsequent section 252, perpetuates this perilous trend, endowing the president with the power to take any measures he deems necessary to suppress insurrection, domestic violence, unlawful combinations, or conspiracy. This broad grant of power renders the Insurrection Act an immediate and potent threat, surpassing the dangers posed by Trump's other ominous actions, such as prosecuting political opponents and transforming the federal workforce. Judicial review, a safeguard against executive overreach, falters in the face of the act's unchecked power.

The historical deployment of the Insurrection Act, though rare, has been for seemingly legitimate purposes. Yet, this historical restraint hinged on a factor starkly absent from Trump's persona: a fundamental commitment to the Constitution and democracy. Despite their flaws, previous presidents adhered to and respected the rule of law. An anomaly in this regard, Trump not only lacks such boundaries but explicitly lays bare his vengeful intentions. Face it, Trump is a little 5-year-old coming for revenge day 1 because he didn’t win the 2020 election, and thus he didn’t get his little candy cane.

The imperative to rein in the excesses of the act resounds. In 2022, Elizabeth Goitein and Joseph Nunn, emissaries from the Brennan Center for Justice, submitted a comprehensive reform proposal to the House Select Committee investigating the January 6th attack on the United States Capitol. Their proposal advocates for:

·       a judicious narrowing and meticulous definition of circumstances for deploying troops

·       a robust congressional review and approval process

·       and the crucial inclusion of judicial review to scrutinize claims of unmet legal criteria for deployment. 

It is a proposal not just worth considering but imperative for the survival of the republic.

However, navigating the treacherous waters of Congress, tainted by partisanship and a haunting legacy of election overturn efforts, presents a formidable challenge. The speaker of the Republican-led House of Representatives, Mike Johnson, played a pivotal role in Trump's 2020 election conspiracy. Many of Trump's congressional allies share his thirst for vengeance, making the prospect of reform an impossible task. Despite these formidable obstacles, it is past time to spotlight this constitutional flaw embedded in the federal code and pull this unilateral authority from the president.

Failure to act indicates a chaotic future where an enraged, vindictive president deploys regular army troops into American cities at the slightest hint of dissent. With Donald, it won’t take much to piss him off. The foundations of the American military would be strained under the weight of suppressing its own citizens. Soldiers, sworn to defend the nation, would grapple with the moral quagmire of being deployed against their compatriots, raising concerns about the recklessness accompanying such orders. Dominating the streets of New York, or any American city, is not what they signed up to do.

The survival of the American republic, as revealed by misguided laws like the Insurrection Act, is not merely a testament to foresight but a stroke of good fortune. Over decades, Congress, perhaps naively, bestowed presidents with excessive power, trusting them to act with a hint of integrity and decency. Trump's presidency shattered this trust, illustrating that such faith is no longer a luxury America can afford.

Donald Trump with Sharpie in hand. Courtesy of: The Hill

The time has come to extricate presidents from a power they should never have possessed. The Insurrection Act, a relic of a bygone era, must be reined in to ensure the longevity of American democracy. No individual, regardless of stature, should have the authority to deploy the armed forces and control the streets of America.

In addition to the eradication ideas on Donald's list, a fervent hatred for the Press blazes. This disdain adds another layer to the complex web of threats, painting a harrowing picture of a potential future where democratic values crumble, and the umbrella of an authoritarian world will cast its long shadow over the land of the free.

Recently we’ve seen far-right candidates win elections in countries like Italy, Poland, Argentina, and the Netherlands. Trump is riding the crest of the wave of far-right extremism that appears on the rise around the world. His timing to be attached to this trend is frightening.  

When it comes to executing the Insurrection Act, it ultimately is a law in many ways was created for a country that doesn’t exist anymore. Please absorb this thought and think it through. Knowing Trump’s past actions and what he proclaims he ‘will’ do if he returns, is ready and willing to use the United States military as his own personal domestic police. In his mind, everything belongs to him.

Trump’s goal to be nothing but a dictator is increasingly inevitable. We should stop pretending this is not happening or will happen.  

What can we learn from this story? What's the takeaway?

As Americans, our collective history underscores the imperative moment when we must confront corruption, lawlessness, and disdain for the fundamental principles of democratic society. 

Acknowledging that the path forward involves facing these challenges head-on is crucial. 

The apprehension of potential actions by Trump and his supporters should not hinder our commitment to safeguarding the Constitution from any and all threats, whether they arise domestically or abroad.

And one more thing.

Donald Trump. Courtesy of: POLITICO

If you elect a serial liar and conman, a narcissist, bully, wannabe mobster, with the vocabulary of an emotional insecure 9-year-old, you can’t really be shocked at how this will turn out, can you? Trumps wants this because this is what he chooses to do.

It was also the GOP’s choice. Time and again, Republicans had a chance to draw the line, or at best, lest take an off-ramp. They could have stood astride all the insanity and criminality and said no, enough already. They could have impeached and disqualified the son-of-bitch forever.

To the GOP party, or GOP cult, remember this, you reap what you sow.

Well, there you go, my friends; that's life, I swear

For further information regarding the material covered in this episode, I invite you to visit my website, which you can find on either Apple Podcasts/iTunes or Google Podcasts, for show notes calling out key pieces of content mentioned and the episode transcript.

As always, I thank you for listening and your interest. 

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