Hacker News new | ask | show | jobs
by reubenswartz 1977 days ago
That's why trump replaced his secretary of defense after he lost the election. That's why they didn't bring in requested national guard troops. (if I understand the situation, Trump never authorized the NG, as he was cheering on the coup from the WH, and the guard deployed bc Pence was pleading for it, which has its own weird constitutional issues.)
1 comments

He offered to dispatch NG, but that request legally had to come from the Capitol Police (which does not report to the Administration branch in any way), just like NG can't be deployed in states without the governor specifically requesting same and declaring a formal State of Emergency.

"Not just a good idea... It's the law."

Technically, couldn’t he have invoked the Insurrection Act?
From Wikipedia: "Before invoking the powers under the Act, 10 U.S.C. § 254 requires the President to first publish a proclamation ordering the insurgents to disperse."

It hasn't been invoked without state/local request since Kennedy.