“Our guard mobilized and was ready, but we couldn't actually cross over the border into D.C. The Department of Defense's approval is required for another state's National Guard to be deployed in the district. Larry Hogan said Sunday his National Guard troops were ready to assist but he could not get approval to cross over into the district. "They had more than enough forces to stop that, but they have to call them up," Hoffmeister said.Īdditionally, nearby governors and the district's Mayor Muriel Bowser sought more National Guard support that was slowed by the federal government's response. Invoking the Act would have further allowed Trump to send active-duty military to the district when he already in effect had control over its National Guard and federal police. given the federal government's control of the district's National Guard and federal law enforcement. Hoffmeister and Banks said, however, there was no need for Trump to invoke the Insurrection Act on Jan. 'Unfathomable': Capitol Police security breakdown prompts chief's resignation "The Chairman indicated the memo was mundane and more of a cautionary thing as opposed to preparatory," she added. Lindsey Walton, director of communications for Mendelson, confirmed to USA TODAY that the memo was presented to the council. “We had every reason to suspect there would be some sort of trouble,” Phil Mendelson, chairman of the district council told BuzzFeed News, adding “our concern was that it would be fomented by the president who would say: ‘Look, there’s rioting and chaos – we need to take over the police department and bring in the National Guard.’” Rioters chanted "Stop the Steal," falsely claiming Trump had won the election.īuzzFeed News reported Sunday that local lawmakers in the district had received a briefing from the district's attorney general's office in the days before the riots about the implications if Trump were to invoke the Insurrection Act and how it would affect the local police department. Congress was meeting to certify the Electoral College vote and President-elect Joe Biden's win. Read this: Former Capitol Police Chief Steven Sund's request for National Guard backup was denied, he says in interview How would the Insurrection Act have applied to the Capitol riot?Ī deadly mob that Trump incited stormed the Capitol last Wednesday, breaking in, attacking Capitol Police officers and trashing offices as some stormed onto the Senate floor. It would apply to situations where the rule of law has broken down so much that law is no longer in place. "It's really an alien concept" in the U.S., he said. "Martial law is essentially the absence of law," Banks added. Generally, martial law means that the military takes over civilian control of the government, whereas the Insurrection Act applies to specific instances of rebellion or refusal to uphold the law and requires a state's National Guard or the U.S.
"It's not enshrined anywhere," said Thaddeus Hoffmeister, a law professor at the University of Dayton. The Insurrection Act is a law while "martial law" is a concept that doesn't have a legal definition in the U.S.
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