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The President deploying Marines inside the U.S. without invoking the Insurrection Act, declaring an emergency, or getting local/state approval — especially just to respond to peaceful protests — is unlawful on multiple levels:
- Violates DoD Directive 3025.18 – Active-duty military (including Marines) can’t engage in domestic law enforcement unless explicitly authorized.
- Violates the First Amendment – Peaceful protest is protected. Military suppression = unconstitutional. (NAACP v. Claiborne Hardware Co., 458 U.S. 886).
- Violates the Fourth Amendment – Military detentions/searches are illegal without cause. (Indianapolis v. Edmond, 531 U.S. 32).
- Ignores Posse Comitatus limits – PCA (18 U.S.C. § 1385) applies to Army/Air Force, but DoD extends it to all branches.
- Unlawful military orders – Troops must disobey unconstitutional orders (UCMJ Art. 92; U.S. v. Calley, 48 C.M.R. 19).
- Impeachable abuse of power – Violates Article II, Section 4 of the Constitution.
This isn’t just controversial — it’s flat-out illegal.
EDIT: Formatting EDIT: Better Citations: (DoDI 3025.21, Enclosure 3, Section 3)
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302521p.pdf
- EXCEPTIONS BASED ON MILITARY SERVICE. By policy, Posse Comitatus Act restrictions (as well as other restrictions in this Instruction) are applicable to the Department of the Navy (including the Marine Corps) with such exceptions as the Secretary of Defense may authorize in advance on a case-by-case basis.
LISTED EXCEPTIONS
a. Such exceptions shall include requests from the AG for assistance pursuant to section 873(b) of Reference (al). b. Requests for approval of other exceptions should be made by a senior official of the civilian law enforcement agency concerned, who verifies that: (1) The size or scope of the suspected criminal activity poses a serious threat to the interests of the United States and enforcement of a law within the jurisdiction of the civilian agency would be seriously impaired if the assistance were not provided because civilian assets are not available to perform the mission; or (2) Civilian law enforcement assets are not available to perform the mission, and temporary assistance is required on an emergency basis to prevent loss of life or wanton destruction of property. 4. MILITARY READINESS. Assistance may not be provided if such assistance could adversely affect military preparedness. Implementing documents issued by the Heads of the DoD Components shall ensure that approval for the disposition of equipment is vested in officials who can assess the effect of such disposition on military preparedness. 5. APPROVAL AUTHORITY. Requests by civilian law enforcement officials for use of DoD personnel to provide assistance to civilian law enforcement agencies shall be forwarded to the appropriate approval authority. a. The Secretary of Defense is the approval authority for requests for direct assistance in support of civilian law enforcement agencies, including those responding with assets with the potential for lethality, except for the use of emergency authority as provided in subparagraph 1.b.(3) of this enclosure and in Reference (c), and except as otherwise provided below. b. Requests that involve Defense Intelligence and Counterintelligence entities are subject to approval by the Secretary of Defense and the guidance in DoDD 5240.01(Reference (ar)) and Reference (j). 24 Change 1, 02/08/2019 ENCLOSURE 3 DoDI 3025.21, February 27, 2013 c. The Secretaries of the Military Departments and the Directors of the Defense Agencies may, in coordination with the ASD(HD&GS), approve the use of DoD personnel: (1) To provide training or expert advice in accordance with paragraphs 1.e. and 1.f. of this enclosure. (2) For equipment maintenance in accordance with paragraph 1.d. of this enclosure. (3) To monitor and communicate the movement of air and sea traffic in accordance with subparagraphs 1.d.(5)(b) 1 and 4 of this enclosure. d. All other requests, including those in which subordinate authorities recommend disapproval, shall be submitted promptly to the ASD(HD&GS) for consideration by the Secretary of Defense, as appropriate. e. The views of the CJCS shall be obtained on all requests that are considered by the Secretary of Defense or the ASD(HD&GS), that otherwise involve personnel assigned to a unified or specified command, or that may affect military preparedness. f. All requests that are to be considered by the Secretary of Defense or the ASD(HD&GS) that may involve the use of Reserve Component personnel or equipment shall be coordinated with the ASD(M&RA). All requests that are to be considered by the Secretary of Defense or the ASD(HD&GS) that may involve the use of NG personnel also shall be coordinated with the Chief, NGB. All requests that are to be considered by the Secretary of Defense or the ASD(HD&GS) that may involve the use of NG equipment also shall be coordinated with the Secretary of the Military Department concerned and the Chief, NGB.
Only illegal if someone enforces the law, and I have a sneaking suspicion the chances of that are low
You're not wrong, but it's important to call it out. And to CONSTANTLY call out the message to our troops that it is incumbent upon them to refuse to follow illegal orders.
Donny can’t possibly wriggle his way out of this one!
I said that about the stolen top secret documents because of all the obvious treason and the even more obvious° sending/selling of said documents. Yet the american public decided it was a good idea to vote him in once again so he could pardon himself.
Nothing will happen to him. I see no one over there with the backbone to do anything to bring him to justice. The best you can hope for is death or debilitating stroke.
The bad news is even if that happens today then Fatboy Tangerine has shown just how easy it is to be a dictator. The next guy will be more organised.(°Why obvious? There was a fax machine right there. A fax machine in a toilet. The fact that there was old tech like a fax machine shows what it was being used for, but to move one to a fucking toilet full of the documents is plain damning. Anyone who believes differently is either an idiot, or corrupt. Or both.
End of, full stop, no further explanation is needed.)We got him this time, fellas!
Thats what I thought about the mocking of the disabled man, the "grab em by the pussy" comment, the Epstein-thing, the impeachement, Jan6, the classified documents, Musks salute, ...
If you have the majority of the voting public, parties, media and judges behind yourself then you are pretty safe doing illegal things, even in a Democracy.
He can't luckily he doesn't has to.
Uh so Trump is doing something illegal. So like, Tuesday?
Yeah, but this time it's Very illegal, and Very not cool!