The Insurrection Act Today with William Banks and Harvey Rishikof

The black letter law and articles in this episode are: The Insurrection Act 10 USC Section 251-253 https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim Posse Comitatus Act 18 USC Section 1385 https://www.law.cornell.edu/uscode/text/18/1385 William Banks, Stephen Dycus “Soldiers on the Home Front: The Domestic Role of the American Military” https://www.hup.harvard.edu/catalog.php?isbn=9780674736740 William Banks “Providing “Supplemental Security” – The Insurrection Act and the Military Role in Responding to Domestic Crises,” Journal of National Security Law and Policy, December 2009 https://jnslp.com/2009/12/15/providing-supplemental-security-the-insurrection-act-and-the-military-role-in-responding-to-domestic-crises/ William Banks, Stephen Dycus “Martial Law Would Sweep the Country Into a Great Legal Unknown” The Atlantic, March 27, 2020 https://www.theatlantic.com/ideas/archive/2020/03/martial-law-would-sweep-country-great-legal-unknown/608773/ Calling Forth Act of 1792 https://www.constitution.org/mil/mil_act_1792.htm Stephen Vladeck, “Emergency Power and the Militia Acts” Yale Law Journal, October 2004. https://www.yalelawjournal.org/note/emergency-power-and-the-militia-acts Executive Order 10730 https://www.ourdocuments.gov/doc.php?flash=false&doc=89&page=transcript Executive Order 11053 https://www.presidency.ucsb.edu/documents/executive-order-11053-providing-assistance-for-the-removal-unlawful-obstructions-justice Executive Order 12804 https://www.presidency.ucsb.edu/documents/executive-order-12804-providing-for-the-restoration-law-and-order-the-city-and-county-los Letter from DC Mayor Muriel Bowser to President Trump https://assets.documentcloud.org/documents/6937560/Bowser-Letter.pdf “Federal Plan to Control DC Protests Taps 7,600 Personnel” Bloomberg News, June 4, 2020. https://www.bloomberg.com/news/articles/2020-06-05/federal-plan-to-control-d-c-protests-has-7-600-personnel-tapped Report of the Independent Commission on the Los Angeles Police Department (Christopher Commission Report) https://archive.org/details/ChristopherCommissionLAPD “U.S. Troops Went to the Border in 1997. They Killed an American Boy.” New York Times, November 27, 2018 https://www.nytimes.com/2018/11/27/us/esequiel-hernandez-death-border-mexico.html “Ex-defense chief Mattis rips Trump for dividing Americans” AP, June 3, 2020 https://apnews.com/47a55054ccd7912fd7ceae833fc3feb6 “Troops should not be used as law enforcement against protesters, Esper says” Military Times, June 3, 2020 https://www.militarytimes.com/news/your-military/2020/06/03/troops-should-not-be-used-as-law-enforcement-against-protestors-secdef-says/ William Banks, Stephen Dycus, Peter Raven Hansen, Stephen Vladeck “National Security Law (Aspen Casebook) 7th Edition” https://www.amazon.com/National-Security-Law-Aspen-Casebook/dp/1543806791/ Samuel Huntington “The Soldier and the State” https://www.hup.harvard.edu/catalog.php?isbn=9780674817364 Charles Dunlap "Mobilizing the military for domestic operations: some legal considerations" Lawfire, June 2, 2020. https://sites.duke.edu/lawfire/2020/06/02/mobilizing-the-military-for-domestic-operations-some-legal-considerations/ Professor William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee and an Emeritus Professor at the Syracuse University College of Law http://law.syr.edu/profile/william-banks1 Harvey Rishikof is a Visiting Professor at Temple University Beasley School of Law and the Director of Policy and Cyber Security Research at the University of Maryland Applied Research Laboratory For Intelligence and Security https://www.law.temple.edu/contact/harvey-rishikof/