![]() “It’s not constitutional to invoke the Insurrection Act to stay in power. In the United States, martial law may be declared by proclamation of the President or a State governor, but such a formal proclamation is not necessary. “There is no secretive Insurrection Act,” Josh Krastenberg, professor of law at the University of New Mexico, said. ![]() Bush invoked the act in 1992 in response to the Los Angeles riots which occurred after a jury had acquitted four white police officers in the death of black motorist Rodney King. Vladeck said the president would have to publicly proclaim that an insurrection has occurred and that he was invoking the act. 20.ĭespite what the posts online say, the act could not be signed quietly. Soon after, the president’s supporters and conspiracy theorists began sharing posts that discussed ways that Trump could stay in power despite President-elect Joe Biden being inaugurated on Jan. 6, members of Congress began calling for the president to be impeached after he encouraged protesters to “fight like hell” against election results. “Even if somehow this happened anyway, it would not actually do what the conspiracy theorists say it would do.”Īfter the deadly insurrection at the U.S. ![]() The Supreme Court also rejected a long-shot bid by the state of Texas to throw out the election results in four states that voted for Biden.“They have no basis in fact and it’s legally implausible,” Vladeck said in response to the posts. The Trump campaign, Republican officials, and Trump voters have filed dozens of lawsuits contesting the election results since November 3 and won just one case, a minor victory that did not affect the overall results in any state. WASHINGTON D.C., DC The 13News VERIFY team has received many questions about whether President Trump has announced plans to declare martial law. The final tally showed that Biden won 306 electoral votes - and the presidency - while Trump notched 232. On December 14, the Electoral College convened across the country, and electors cast their votes for Trump or Biden, depending on how their respective states voted. On December 1, he shared a message on Twitter from a right-wing Ohio activist group calling for Trump to "suspend the Constitution," declare martial law, and have the military hold a "national re-vote."Īs of this month, all 50 states and Washington, DC, had certified their election results. This isn't the first time Flynn has called for a military takeover to throw out the election results. Even if it did, it would not be able to run new elections because the right to vote is not specified in the Constitution or by a federal statute. As Business Insider previously reported, that power lies with Congress.ĭeclaring martial law also does not suspend the Constitution, and the military has no role in administering elections. The president does not have the power to unilaterally cancel, delay, postpone, or change the date of an election, even if he declares martial law. The former national security advisor's remarks are not based in reality.įirst, despite Republican claims of fraud and election rigging, nonpartisan officials and election experts have confirmed that the 2020 election was the safest and most secure in US history. ![]() Martial law has been instituted 64 times." In a video posted Wednesday to Truth Social, his social media platform, Trump vowed to enact 'aggressive new restrictions' on Chinese ownership related to American energy, technology, farmland. These people are out there talking about martial law like it's something that we've never done. "He could order the, within the swing states, if he wanted to, he could take military capabilities, and he could place those in states and basically rerun an election in each of those states," Flynn told Newsmax. Voters in the battleground states where the Trump campaign contested election results voted on hand-marked paper ballots, ballot-marking devices that produce paper ballots, or voting machines with voter-verifiable paper trails. There is no evidence that this allegation holds any merit. Account icon An icon in the shape of a person's head and shoulders. ![]()
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