Just a casual reminder that Donald Trump almost certainly believes he has the right to suspend the Constitution by declaring a national emergency.
‘As Mr. Trump stated in March, “I have the right to do a lot of things that people don't even know about."’ https://www.cbsnews.com/news/rewriting-the-limits-of-presidential-powers
‘As Mr. Trump stated in March, “I have the right to do a lot of things that people don't even know about."’ https://www.cbsnews.com/news/rewriting-the-limits-of-presidential-powers
"And what's alarming about that is that no one really knows what the limits of those claimed authorities might be, because they are often developed and kept in secret."
“A-1 suspends the privilege of habeas corpus and authorizes apprehension and detention of certain persons, the search of persons and premises, and the seizure of property.”
“Keep in mind, the current, incumbent president has declared seven national emergencies. And he has stated repeatedly that he has more power than most people know about."
Quotes from Trump at the Coronavirus Task Force press briefing from April 14:
“I have the ultimate authority.”
“I have the ultimate authority.”
When it’s pointed out that states were the ones who ordered businesses and schools to close:
“That’s because I let that happen, because I would have preferred that. I let that happen.”
“That’s because I let that happen, because I would have preferred that. I let that happen.”
“Let me just tell you - very simple. I’m going to put it very simply. The President of the United States has the authority to do what the President has the authority to do, which is very powerful. The President of the United States calls the shots.”
“This is - when somebody is the President of the United States, the authority is total, and that’s the way it’s got to be.”
“It’s total? Your authority is total?”
“It’s total. It’s total.”
“It’s total? Your authority is total?”
“It’s total. It’s total.”
Trump, March 12:
“And we are — we have it — I mean, I have it memorized, practically, as to the powers in that act. And if I need to do something, I’ll do it. I have the right to do a lot of things that people don’t even know about.”
https://www.whitehouse.gov/briefings-statements/remarks-president-trump-prime-minister-varadkar-ireland-bilateral-meeting-3/
“And we are — we have it — I mean, I have it memorized, practically, as to the powers in that act. And if I need to do something, I’ll do it. I have the right to do a lot of things that people don’t even know about.”
https://www.whitehouse.gov/briefings-statements/remarks-president-trump-prime-minister-varadkar-ireland-bilateral-meeting-3/
Trump has declared a national emergency eight times in less than three years, most recently in a stunning abuse of power meant to prevent the International Criminal Court from investigating Americans. https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-certain-persons-associated-international-criminal-court/
“There is no reasonable interpretation under which the ongoing operations of a court which the United States has successfully engaged with across multiple administrations can be considered an emergency.” https://www.brennancenter.org/our-work/analysis-opinion/trumps-latest-abuse-emergency-powers-highlights-dangerous-law-need-change
On Presidential emergency powers:
“Presented with this ambiguity, presidents have explored the outer limits of their constitutional emergency authority in a series of directives known as Presidential Emergency Action Documents, or peads.”
https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/ https://twitter.com/sethmcneil5v/status/1296921741252493312
“Presented with this ambiguity, presidents have explored the outer limits of their constitutional emergency authority in a series of directives known as Presidential Emergency Action Documents, or peads.”
https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/ https://twitter.com/sethmcneil5v/status/1296921741252493312
‘According to these sources, peads drafted from the 1950s through the 1970s would authorize not only martial law but the suspension of habeas corpus by the executive branch, the revocation of Americans’ passports, and the roundup and detention of “subversives”’
‘in 1987, The Miami Herald reported that Lieutenant Colonel Oliver North had worked with the Federal Emergency Management Agency to create a secret contingency plan authorizing “suspension of the Constitution, turning control of the United States over to FEMA’
Lincoln illegally suspended habeas corpus between DC and Philadelphia, giving the military the power to arrest and silence rebels. He ignored the circuit court ruling that deemed it invalid.
The President has whatever power we let them get away with. Always. https://twitter.com/sethmcneil5v/status/1296928693911277569
The President has whatever power we let them get away with. Always. https://twitter.com/sethmcneil5v/status/1296928693911277569