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View Diary: Rep. John Lewis asks Obama to declare martial law in Ferguson (157 comments)

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  •  First of all (1+ / 0-)
    Recommended by:
    Patango

    The FBI is under the DOJ. In other words, the DOJ governs the FBI. So you're dead wrong about that.

    "Martial law" itself is not mentioned word for word in the Constitution but it is closely associated with Article 1, Section 9 of the US Constitution, which states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.", and it absolutely is a real legal term in multiple countries and especially US law, such as Posse Comitatus.  

    And what is this "chain of command" nonsense? The President is not in a chain of command with any Governor...it doesn't work like that.

    Now does that mean it should be triggered? Not necessarily.

    Please do some research before you call people's arguments "vacuous."

    •  Oh this is just all wrong, from start to finish. (1+ / 0-)
      Recommended by:
      mt41w

      1. Yes, FBI is part of DOJ, but FBI can't bring lawsuits. So you're wrong.

      2. Habeas corpus has nothing to do with martial law.

      3. The president most certainly is in a chain of command above a state governor!  The president has the power to federalize state national guard units without permission of the state governor.  My law partner is an Army lawyer (reservist) and is an expert on this kind of issue, and we've discussed it frequently.

      I must say, your comment is completely fact-free.

      Lies written in ink can never disguise facts written in blood.--Lu Xun

      by Timaeus on Thu Aug 14, 2014 at 03:24:45 PM PDT

      [ Parent ]

      •  *facepalm* (1+ / 0-)
        Recommended by:
        Patango

        1. I didn't say the FBI could bring lawsuits, I just said it was part of the DOJ...read my words, or didn't they teach you that in law school?

        2. Habeas corpus and martial law ARE absolutely related. See above statement about the Constitution and also this:

        http://www.presidency.ucsb.edu/...

        and

        http://en.wikipedia.org/...

        and

        http://www.usconstitution.net/...

        and I also made a statement against the claim that "martial law" isn't a legal term, which is stupid because it is quite clearly a legal term - which you didn't even address.

        3. "The president has the power to federalize state national guard units without permission of the state governor.  My law partner is an Army lawyer (reservist) and is an expert on this kind of issue, and we've discussed it frequently."

        That doesn't put them in a "chain of command." That gives them separate powers of command over National Guard units (just like they have separate powers due to federalism) and they may both trigger them but under different circumstances. I'm so glad you and your law partner can find agreement on the same thing being wrong. Being a lawyer doesn't make you infallible - give up.

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