Monday, June 1, 2020

Insurrection: A Quick Reference

Dealing with insurrection is provided for by the laws of the United States--specifically in Title 10, Chapter 13. I'm not making any recommendation here, just providing a handy reference point so you'll know what laws are in play. Fortunately, these laws are very short and to the point. 

Here's an article that deals with insurrection in a general way, addressing the two most pressing questions--Can the president respond to civil insurrection with military force? and What are the rules for the use of force? The President, the Military and Minneapolis: What You Need to Know. The 25 words or less version: Yes; but the JCS would need to issue Standing Rules for the Use of Force, which would stop short of aggressive use of deadly force against looters. That doesn't address the use of life threatening violence by insurrectionists. Informative


251.1 - Federal aid for State governments.
252.1 - Use of militia and armed forces to enforce Federal authority.
253.1 - Interference with State and Federal law.
254.1 - Proclamation to disperse.
255. - Guam and Virgin Islands included as "State".

§251. Federal aid for State governments

Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.

§252. Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

§253. Interference with State and Federal law

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—

(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

§254. Proclamation to disperse

Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.

§255. Guam and Virgin Islands included as "State"

For purposes of this chapter, the term "State" includes Guam and the Virgin Islands.


  1. I only have suspicions of this, but the recent violence has Antifa and the left written all over it. I separate the violence from the protests that I think were more or less organic. What I think is happening is that in the vein of "never let a crisis go to waste", radical leftists are using the protest moment to foment violence.

    This week was shaping up to be a momentous week in exposure of Russia conspiracy. We just need the violence to last a few more days and then the media will have plenty material to cover that they will think is more pressing than exposing the fraud Russia conspiracy fraud committed on this President and country. I don't think the timing is a coincidence.

    1. I don't think it's totally coincidental, although it is opportunistic. However, I don't think it will work. Barr will keep moving forward, the wheels of his DoJ will keep grinding, Dems will shame themselves before the nation, if Antifa tries to expand their activities they will run into a brick wall, Dem mayors and governors will be forced to act. When it ends Barr will remain, investigating the paramilitary arm of the Dems as well as their Deep State allies. Disaster looms.

    2. Makes a lot of sense to me.

      It simply can't be overstated, I think, the degree to which the various forces making up this insurrectionist resistance are all in. They know there is no turning back, since if Trump's reelected there really will be heavy prices to pay for so many of them - politically, economically or legally - so there simply will not be a moment's peace between now and 11/3. (Maybe a tiny lull or two in between the "active measures," but that'll be it.)

      Today it's the riots, tomorrow it'll be something else, and after that another thing to follow. Anyone with eyes to see knows the idea is to make things so bad that enough of the bad times get associated with Trump, even if just via correlation, that people feel worn out by the last four years and just want a rest from it all - some peace and quiet and normalcy for a change. That “rest” will be on offer from the Democrats, and there hasn’t been a clearer case of the arsonists selling their services as firemen since the Reichstag in ’33. To top it all off, the election fraud being cooked up is something from another world (the Third World) entirely.

      Good times.

      FWIW, there isn’t a reputation on this earth with more to lose from the truth of the last four years coming out and actually getting into people’s living rooms than that of Barack Obama. I won’t suggest he’s behind this plan or that, simply because 1) I have no way of knowing, and 2) it’s the sort of thing that can be handled just fine at lower levels, anyway. But let’s just say that at a minimum, every day that goes by with something on the news other than this aforementioned truth, none is more relieved than he.

      I think Mark’s right and enough of the people will see what’s going on and 11/3 will bring the opportunity to expose the bastards good and thorough. But it won’t be for lack of trying on their part, that’s for sure.

    3. I agree the Democrat-produced chaos won't stop. I believe it's critical that Barr bring indictments against the DOJ/FBI/CIA Russia-hoaxers well before November, otherwise Trump's slogan of "winning" will be perceived as just an empty slogan, not reality, and Trump/Barr will be gone.

    4. He has several more examples.

      "A Black woman saw a car full of white people driving around and trying to give bricks to Black men. Please share this folks"

    5. Brad & dfp21, right on, esp. on the buildup to Nov.

      Barr is running out of time, lest elements of the military conclude, that the U.S. system has lost the will to clean house, as happened with Franco after Sotelo's murder.

      With Sullivan's response due today, what will the Circuit do, if he blows off this date?
      If the court doesn't spank him tomorrow, current equivalents of Franco will likely accelerate their plans for action.

    6. Moreover, I'll bet that very many military know the story, of (white) Justin Damond being popped by (black) cop Mohamed Noor, in (guess where!) MN, for the "crime" of trying to inform him and his partner, of an assault being inflicted near her home.

      The MSM would've totally ducked this story, but for her having been from Australia, where the press made noise on this.
      She was popped in July 2017, but a GJ didn't even *convene* 'til Feb. 2018!
      Eventually Noor got convicted for Murder III, the same charge now leveled at this MN moron.

    7. And, his pals in the MN gov't pulled strings, for
      "a search of Damond's home for evidence, including 'bodily fluids, controlled substances, and writings' ".
      The surprise is, that they dared not plant such controlled substances there, to help "justify" her elimination. (After all, she was "just another "Becky"!)

      According to the MN capital's mayor of the time, Noor's 2015 arrival in the dept. "has been highly celebrated, particularly by the Somali community...."
      And, according to a local Somali community leader,
      Noor was a role model, "inspiring to young people". (See .)

      I.e., he was a Clout Baby.
      As likely was Chauvin and his colleagues.
      That PD is likely all-but full of such dogs, who expect to be bailed out by a small minority of Real Cops.

    8. Typo alert: JustinE, not Justin.
      Also known as J. Ruszczyk.

    9. "Barr is running out of time, lest elements of the military conclude, that the U.S. system has lost the will to clean house, as happened with Franco after Sotelo's murder ... If the court doesn't spank him tomorrow, current equivalents of Franco will likely accelerate their plans for action."

      As there are no "plans for action" there is nothing to "accelerate". Not sure where you're getting your "information" about the US military, but if it's from a supermarket produce section, you might want to stop getting it.

    10. I'm not claiming to *know* of "plans for action".
      But I've enough experience with military types, and enough knowledge of the history of such situations, that I'm up for betting major coin, that you *can't* know that such plans aren't brewing, esp. now that so many cities are burning simultaneously, after the murder of a heretofore nobody.
      The only precedent for this stuff here was in '68, after the murder of a Nobel Laureate revered by tens of millions.
      To anyone who knows jack about history, this should be brutally obvious.

      If these Lefties are banking on you being right, so that they continue to push the envelope w/ impunity, they're liable to be as surprised by coming events, as were the Spanish Reds in 1936, Greece in 1967, Chile in 1973, Turkey in 1960, '71, and '80, etc.

      Quite arguably, each of those societies, and the 1968 U.S., were, in crucial respects, far more cohesive than today's US.
      We're at each others' throats, not over one big issue (as in 1861), but over a slew of overlapping issues, all related to *visceral* Identity.

    11. And, if these Lefties think that military folks will sit, for a continuance of the frame job vs. a combat veteran general, I "cordially invite" the Left to think of sending BLM into white suburban hoods, to move to incinerate whole blocks.

      Many army folk (incl. some blacks) will be lining up to volunteer, for a spin of live-fire *target practice*.
      As was said in the Wehrmacht after the 1940 France campaign, "maneuvers with live ammo".
      The plotters to which I refer, would aim to forestall such developments.

    12. your comments seem to suggest that our military is some sort of monolith

      At the enlisted level, I've heard there is considerable support for MAGA. At the officer level I have no such illusions. Who got promoted over Obama's 8 years in office? Who got congressional recommendations for the academies?

      I'll be happy if it's 50-50 at the officer level.

      From what I've heard, the best we can hope for is that the enlisted will refuse to carry out orders.

    13. "your comments seem to suggest that our military is some sort of monolith."

      I suggested nothing of the sort: "lest *elements* of the military conclude...."
      I welcome your civilized post here, in contrast to the prior posters' pretensions (about supermarket produce).

      I, too, will be rather happy if it's 50-50 at the officer level.
      I presume that, of those who got promoted over Obama's 8 years in office, many have since been passed over in DJT's 4 years.

      For right now, I do expect the enlisted to do no more, than refuse to carry out orders.
      But, if it is anywhere near 50-50 among officers, the patriotic c. 50% will, when they decide to strike, get overwhelming backing from the enlisteds.

      And, the Sparklefarts-type 50% will likely lay low (if they've not yet been Outed), or risk being Fragged by enlisteds, once the time to strike is at hand.
      I rather expect, that many of them have been moved to AK, or to marginal overseas posts.

    14. I wish it were so, and maybe it is...

      But the price we pay for supporting a non-political outsider is lack of experience in the nuance of governance.

      Trump seems to make a lot of good decisions, but personnel had has been a week spot. There have been betrayals, of course, but it's still a weak spot.

      Although I hope the important commands are in the right hands, I am not confident.

    15. "I hope the important commands are in the right hands, I am not confident."

      Makes sense.
      One diff, tho, between his picks w/ in the Swamp (where his real allies lacked inside dope), vs. in the military (where, we can hope, the slew of pro-DJT enlisteds can pass the word [incl. via social media??] about the leanings of officers).
      That he was able to keep Vindman-types from sabotaging the Baghdadi operation gives me some hope.

    16. I'm not sure what "experience with military types" is supposed to mean, but you'd be out "major coin" betting on JCS or a subordinate command deciding that the Attorney General of The United States is "out of time" and unilaterally acting outside orders of the CINC.

      For the record, I'm talking about the current situation and not some future anarcho vision involving a decapitated administration, smoldering Washington ruins and President Pelosi ordering executions from Raven Rock.

    17. I read a great deal of material about military life, and have had some small experience with it. I read the big stories, but I also read the little stories from press releases in local papers, base news letters, etc.

      Like AOC I'm no expert but:

      1. I estimate 80% of officer above O-4 to be vested in "the system". The more senior the more vested. Their loyalty lies with whom ever they view as most likely to end up in control of the system AND will to continue the organizational status quo. That translates to the Deep State. They only require a thin veneer of legitimacy to salve their conscience.

      2. Of the officers remaining, senior and junior, they are all products of Woke academia. This goes double for academy graduates where Wokeness isn't merely osmotic but compulsory. Archetypical example of this would be Lt. David Nartker. While being utterly incompetent as a seaman, Naval Officer, or leader he was on the fast track to a stellar career. His seemingly only absolute loyalty was to protect Dear Leaders legacy.

      3. Whatever percentage take their oath to protect and defend the Constitution to heart will not knowingly support the Deep State in a overtly illegitimate move or take part in any attempted "plan of action", either being just as egregious a betrayal of their oath as the other.

      4. Of the enlisted some will mutiny, some will not. They haven't the option of resignation that officers have and this is not 1861, even for the officers. Enlisted personnel have neither the strategic training nor the command-and-control capabilities to stage such a "plan of action" with any hope of success.

      5. Like open civil war once that can of worms is opened there is no closing it. As a descendant of Confederates I can assure you that most people who place their hope in that vessel are not going to be very pleased with what comes from a government whose sole legitimacy rests on the point of the bayonet.

    18. "I'm talking about the current situation".
      So am I, but I'm talking about "that such PLANS (aren't) brewing, esp. now that so *many* cities are burning simultaneously".
      (Must I *always* put key words into CAPS, to beat my clear meaning into peoples' heads?)

      No, they won't *yet* defy CINC, but they may well hint to Barr, that he'd better get moving (to slow the sort of *planning* to which I refer), seeing as we already see some smoldering Washington ruins, such that the road to a President Pelosi is widening.
      The enlisted, and the pro-DJT brass, won't delay making *plans*, 'til antiFa takes over *all* Pct. stations, let alone 'til they install Commissar Pelosi.

    19. "Must I *always* put key words into CAPS, to beat my clear meaning into peoples' heads?"

      Clearly a frequent issue for you. Perhaps all caps is the solution as much as other people's heads is the problem.

  2. As coincidental as pre-staged piles of rocks and bricks.

  3. From a shrewd observer of the U.S. cultural scene (incl. big on poll data), here on the riots:

    "... we are reaching an inflection point. I suspect we will see an increase in white consciousness, at the expense of white color blindness.
    The effect will be polarizing. White leftists will become more ashamed of, and apologetic for their pallor; white centrists and white rightists will become more assertive in, and more conscious of, *attacks* upon their identity."

    See .

    1. Agree on an inflection point, but Trump is shattering a few Overton Windows.

      1. Trump is putting the blame and focus on the results of the Blue State Governors and Mayors for the looting in their communities. Basically their actions caused the RIOTS to get out of control, and destroyed their neighborhoods. And he is forcing them to accept the responsibility, for their actions.

      And Trump has moved the conversation away from inequality and as a justified response to the death of Mr. Floyd.

      2. Trump is agreeing with Blacks, that what happened to Mr.Floyd was wrong. He actually called the Family!

      3. Keeping the focus on Antifa. This is huge. Having them declared Terrorists. And this is a fight that is a win win for Trump. It discredits his opponents, who have been backing Antifa. It's a suckers bet, and the Left have no choice but to take it. And Antifa is seen as a bunch of Whites going into Black Neighborhoods and causing problems.

      The video of the Black NBA guy, beating up a white guy that broke his cars windows, is an inflection point. Plus all the videos showing White Antifa doing stuff, such as two White Ladies spray painting a Starbucks, while a Black Lady lectures and videos them.

      4. Trump is appealing to all the people that got scared by the Rioters. The joke about a Conservative is a Liberal that got mugged, that just happened on a massive scale.

      5. Trump is trolling the Left with the 2nd Amendment issue. With the Police being shown to be ineffective in Blue Cities, lots of anti Gun type voters, have changed their opinions. And this will cause a huge over reaction by the Left. And this will mobilize gun owners. Another suckers bet the Left will take.

      6. Trump is forcing Twitter to live by their own rules (Trump loves Alinsky's Rules). Antifa got banned on Twitter.

      7. Trump is continuing his campaign to discredit the MSM. The NBC reporter saying the protest was peaceful, with a burning building in the background - just mind boggling.

      The end result of the Riots, and Covid 19, is the Blue State Governors and Mayors are looking like idiots, and Trump is coming across as the adult in the room. The Riots should guarantee his re-election, especially if the economy does better. Which with the deregulation, and the Red States going out of lock down faster, and not being hurt by the Riots, should be. It may also give the House to the GOP.

    2. I listened while I was having dinner. I thought I heard him refer to 'the law of God.' If you wanna talk about Overton windows.

    3. Tucker: Our leaders dither as our cities burn (26mins)

    4. Great stuff, Ray.
      On voting & the economy, the Red States going out of lock down faster, and not being hurt by the Riots, likely matter less, than how things are in swing states, and the prospect that the Big Ugly (vs. the D.S.) and the riots will make a sluggish economy a minor concern.
      If the gag order vs. Flynn ends, and he holds a news conf. spilling mega beans on Iran, D.S. criminality, etc., and if then Barr brings busts vs. big perps, those whose dogma is "the economy stupid" will likely get the shock of their lives.

    5. And, Ray, where you write "beating up a white guy that broke his cars windows", is this about J.R. Smith?
      If so, "Smith recorded a separate video, in which he *denied that race* played a role in the fight...."
      From .

  4. Ray,

    You make some great points in your numbered list above.

    My only quibble (and not with you) is the black NBA star who beat up the white man. On Twitter, he referred to him as a "m***** f****** white boy." That reinforces a point I made earlier. The double standard in race relations. Charles Barkley talks about white trash and red necks. As a white man, I'd be pilloried if I used racial epithets to describe black men.

    In race relations, respect is a two-way street.


    1. "In race relations, respect is a two-way street."

      None of this has anything to do with "race relations". Race relations is dodge to cover that this all is about power: who has it and who doesn't. Racism is a strawman to emotionally disarm an opponent.
      Tom S.