Trump wants to mobilize active duty U.S. military to attack peaceful protestors. This action would be unconstitutional, unlawful, and unconscionable. It is the action of a dictator and tyrant and a further degradation of our democracy. What Trump really wants is a race war.
What makes this illegal is the Posse Comitatus Act which states: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. The exception to this law is the Insurrection Act. But to use this there has to be an insurrection, and what is happening is clearly not an insurrection.
The Attorney General for New York, Letitia James, has stated, “We will not allow Donald Trump to dominate New York.”
Defense Secretary Mark Esper publicly disagreed with President Trump’s threatened use of the 1807 Insurrection Act. Speaking to reports at a recent Pentagon briefing Esper said, “The option to use active duty forces in a law enforcement role should only be used as a matter of last resort, and only in the most urgent and dire of situations. We are not in one of those situations now. I do not support invoking the Insurrection Act.”
In my view, any soldier asked to deploy to an American city to fight protestors and enforce the law has a duty to disobey this unlawful order.