Whoa! Hey frogs, I thought Chris Miller was a good guy!
(twitter.com)
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Chris Miller could not put the military at the capitol. Just like Trump couldn't. Trump requested and gave permission for 10,000 NG troops, which Chris and Kash Patel who were both present with Trump, have said many times. BUT...the final decision is left up to the Speaker of the House. Nasty Piglosi refused to give the order. Had Chris done so it would have been the SecDef usurping the authority of the Speaker of the House which would have been a Constitutional Crisis.
It would have also been a violation of Posse Comitatus to deploy active duty troops. on American soil.
True. Active duty troops are different than stateside NG.
I don't believe that's correct. According to the link below, the president has full authority over the DC National Guard at all times.
https://www.brennancenter.org/our-work/research-reports/why-posse-comitatus-act-must-be-reformed
Even bigger than that opinion is the fact that a law cannot amend the constitution, and this law clearly changes the balance between the legislative and executive branches of government. The law has never been challenged at the supreme court level, and in fact it's rarely ever been taken to court at all. The last one is just my opinion, but the Brennan Law Center, or at least that lawyer on their site, say it wouldn't have been a violation anyway.
Notice I said “active duty” troops meaning Army, not Army National Guard. Yes, POTUS can call up NG as needed, but I believe requires approval from the governor, or in case of DC, SOTH to activate. Trump provided authorization but Pelosi never pulled the trigger.
^ 100%