Does Trump really need the military in order to declare martial law?

[kentuck]

Could he not use County Sheriff and local Police Depts to quell violence?

Could he not use the Homeland Security forces?

Could he use ICE?

Could he request friendly Governors to assist with their National Guard?

Could he use the US Marshals?

Isn't there a lot of "military-style" units he could use if he really wanted to declare "martial law"? He doesn't really need the US military?

[onenote]

1. People don't know what "martial" law is.

Here, specifically, is what the Supreme Court has said about "martial law":


"If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."

[MineralMan]

3. +100

[Cirque du So-What]

8. Thank you

Sure beats idle speculation.

[obamanut2012]

9. The folks wanting it also seem to not get their guns would be take away

There movements would be curtailed. They would be treated the same as the folks who they hate. They always think they are special snowflakes for some reason.

[Iliyah]

2. shithole is betting on a "civil war" . .

that is why he's hyping up his fucked up cult.

[Turin_C3PO]

4. Martial law

likely isn’t what you think it is.

[MineralMan]

5. Martial Law Is Specifically about Using the Military

So no.

Trump has no authority over local Sheriffs and Police Departments. None.
DHS and ICE do not have anywhere near enough people to handle any such thing.
Neither does the US Marshal Service.
Governors can mobilize their National Guards, of course, but almost all are reluctant to do so in such a case. Typically, they are mobilized in an unarmed state to help support other law enforcement.

There are no conditions at this time that would enable the declaration of Martial Law. The SCOTUS would shut that down immediately.

[beachbumbob]

6. military will not act on trump's behalf period, if it involves the US and his call to arms

by supporters

[Loki Liesmith]

7. No none of those would work

Not one of them could stand up to the US military. And none of them would even try.

[Fiendish Thingy]

10. Martial law explicitly means the military enforces the law.

Sheriffs and local law enforcement cannot be federalized.

Federal officers are about 5,000, hardly enough to control a nation of 300 million. If you abandon the border crossings and close the prisons, you might get a couple of thousand more. Still not enough.

He could federalize the national guard, regardless of whether the state’s governors were “friendly”, but he would have to contend with the command structure refusing to follow unlawful orders, as they have previously stated.

[Thekaspervote]

11. Declaring martial law would change nothing

1. Used to quell out of control violence that state and local law officials are unable to contain

2. Used when there is not a functioning court system

It does allow the military to take guns from civilians..so his goons wouldn’t like that