The 2020 U.S. election has been slow to reach a final outcome due to allegations of fraud. Despite overwhelming evidence of massive fraud, the charges have been repeatedly dismissed by the courts. Some have therefore called on President Trump to use the Insurrection Act of 1807 to resolve the matter.
The Act allows the president to send troops to suppress a rebellion if it makes it “impracticable to enforce the laws of the United States by the ordinary course of justice.
This act was different from the Martial Law Act. Some of the civil liberties provided for in the Constitution may be suspended during the implementation of Martial Law. Paul Engel, author of the Constitution Study, explains more about the bill. He told NTD that the Insurrection Act is meant to enforce the law, not replace it.
“This is not Martial Law. It’s how the federal government assists states that have insurgencies, local violence, inability to make and enforce their own state laws, or because of what’s going on in the state – whether it’s an insurgency or some other disturbance. The federal government can’t enforce their laws.” Engel said to NTD.
President Trump had considered invoking the bill after riots broke out around federal buildings following the death of African-American man George Floyd during police enforcement.
But in the case of this election, Engel said, it would be a violation of his state’s constitution for states to make moves such as changing voting laws or encouraging illegal voting just before the election.
“We’re dealing with a lot of riots. But I’m not aware of any action by any state that makes it impractical to enforce the laws of the United States. (that) they’re not enforcing their own laws. But the Insurrection Act is to enforce the laws of the United States, not the laws of individual states.” Engel said.
Instead, he said, much of the power to deal with potential fraud rests with the citizens of each state.
“As I said, it’s not up to Congress to decide that. And it’s not up to the federal government to get these states to fix their problems. It’s ultimately up to the people of those states to decide.” Engel said.
Stephen B. Meister, a leading New York attorney, wrote an article for The Epoch Times titled “Trump Can Invoke Sedition Law to Restore Election Integrity. He argues that, given the 2020 election and the historical context, Trump could and should invoke the Sedition Act.
On the other hand, in a December 17 interview with Newsmax, former U.S. National Security Advisor General Michael Flynn said that in order to ensure that the integrity of the 2020 U.S. election is not compromised, Trump could seize voting machines suspected of fraud nationwide or hold a new election in a swing state under military control, and he affirmed the involvement of foreign powers in this U.S. election.
Virginia Republican senator and gubernatorial candidate Amanda Chase also called on Tuesday (Dec. 15) for President Trump to declare martial law to prevent Biden from being inaugurated as president through election fraud.
“Biden is not my president and never will be. Americans are not fools to win by fraud and we will never accept those results, only fair elections, cheating to win, never. It’s not over yet.” Chase said on Facebook, “(The election) is not over. Thank you President Trump for your perseverance and refusal to concede defeat. President Trump should take General Flynn’s advice and declare martial law.”
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