Tags: George Floyd Protests | Newsmax TV | alan dershowitz | insurrection act

Alan Dershowitz to Newsmax TV: Trump Should Only Invoke Insurrection Act as 'Last Resort'

By    |   Tuesday, 02 June 2020 03:39 PM

Constitutional law expert Alan Dershowitz told Newsmax TV that President Donald Trump should only consider invoking the Insurrection Act of 1807 as a “last resort” to help quell ongoing protests.

During a Tuesday appearance on Newsmax TV’s “American Agenda,” Dershowitz said Trump should provide aid to the states, but leave it up to governors to handle the response to demonstrations that have turned violent in the wake of the death of George Floyd by a police officer.

“I hope the president will do everything in his power to avoid invoking emergency measures, Dershowitz said, adding the president should offer governors support through the National Guard.

On Monday, Trump threatened to deploy the military to any state that doesn’t take strong enough action against violent riots. The Insurrection Act permits the president to deploy military to states unable to stop an insurrection.

But if the law is enacted, Dershowitz said it likely would lead to a legal battle that could create a constitutional conflict, if not crisis.

“We have never had it used before,” he said. “We are in unchartered waters.”

If the Act is used, he said Trump would have to also answer to another act that came years later, the Posse Comitatus Act, which he said “restricts the power of the government to use armed forces to enforce the law.”

He also noted that “declaring martial law is not one of the powers the Constitution gives to the federal government.”

“I think the president is well advised to say that only as an absolute last resort would he consider invoking the Insurrection Act,” he said.

He said the best way for Trump to use the Act would be to have support from Congress, which he said is unlikely.

“One understands the need to do something dramatic, but I think it can be done through the usual course of the law,” he said.

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Constitutional law expert Alan Dershowitz told Newsmax TV that President Donald Trump should only consider invoking the Insurrection Act of 1807 as a “last resort” to help quell ongoing protests.
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2020-39-02
Tuesday, 02 June 2020 03:39 PM
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