Sunday, December 20, 2020

Unlawful martial law

There is an alarming news report of a White House meeting on Friday that included bringing up of what Michael Flynn had suggested earlier in the week that Trump could invoke martial law as part of his efforts to overturn the election that he lost to President-elect Joe Biden. The report said it wasn't clear whether Trump endorsed the idea, but others in the room forcefully pushed back and shot it down. https://www.cnn.com/2020/12/19/politics/trump-oval-office-meeting-special-counsel-martial-law/index.html

This alarming news report raises questions of whether a martial law that is declared by the President can be unlawful, whether such declaration can be criminally unlawful, whether there can be a criminal conspiracy to bring about a criminally unlawful declaration of martial law, whether there can be a criminal attempt to bring about a criminally unlawful declaration of martial law, and, although DOJ policy is that the President may not be indicted for a crime committed while President, whether other actors in the criminal conspiracy or the criminal attempt can be criminally indicted and prosecuted.

It seems clear that the answer to the first question is that a martial law that is declared by the President can be unlawful, and a case may be brought before a court that has an outcome that the court declares the martial law was unlawful.

In the days ahead, more attention needs to be given by the Department of Justice, U.S. attorneys and others about whether there may be a criminally unlawful declaration of martial law and criminal conspiracy or attempt about the same.
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Sunday, December 13, 2020

Cong'l hearing re election integrity

Trump continues his adamancy that the election was rigged and stolen from him.

Many millions of Americans believe the election was rigged. Fox News poll shows significant number of Dems and Independents believe election was stolen; Half of Republicans say Biden won because of a 'rigged' election: Reuters/Ipsos poll

Americans need to believe their elections have integrity. If their elections don't have integrity, Americans need to know that, and steps need to be taken to correct the situation.

This is a sufficiently serious matter that there needs to be a Congressional investigation in 2021 on Presidential election integrity.

There are many possible witnesses for Congress to call to testify in the hearings. A leading witness to be called would seem to be Donald Trump.

 12/14/20

Marshall, in the above clip, says, "For the sake of the country, I hope that we will be able to resolve the questions about this year's elections, questions which are of great public importance, before election day." 

I think Marshall meant Inauguration Day.

I don't see any way for the questions to which Marshall is referring will be "resolved" before Inauguration Day. It seems certain Trump will continue to say the election was rigged and stolen.

If Marshall is serious about wanting for such questions to be resolved, the best chance will be via Congressional hearings in 2021. 

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