Legal experts 'devising plans' to deal with Trump as Commander-in-Chief again: report

Legal experts 'devising plans' to deal with Trump as Commander-in-Chief again: report
President Donald J. Trump congratulates Army Gen. Mark A. Milley, 20th chairman of the Joint Chiefs of Staff, after being sworn in as chairman during an armed forces welcome ceremony at Summerall Field, Joint Base Myer-Henderson Hall, Va., Sept. 30, 2019. (DOD photo by U.S. Navy Petty Officer 1st Class Dominique A. Pineiro)
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In a Sunday article from NBC News, Peter Nicholas, Katherine Doyle, Megan Lebowitz and Courtney Kube report, "a loose-knit network of public interest groups and lawmakers is quietly devising plans to try to foil any efforts to expand presidential power, which could include pressuring the military to cater" to Donald Trump's politics.

Per NBC, "Trump has raised fresh questions about his intentions if he regains power by putting forward a legal theory that a president would be free to do nearly anything with impunity — including assassinate political rivals — so long as Congress can’t muster the votes to impeach him" and remove him from office.

"We're already starting to put together a team to think through the most damaging types of things that he [Trump] might do so that we’re ready to bring lawsuits if we have to," Mary McCord, former US attorney and executive director of the Institution for Constitutional Advocacy and Protection at Georgetown Law, told the news outlet.

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Other experts "taking part in the effort told NBC News they are studying Trump’s past actions and 2024 policy positions so that they will be ready if he wins in November," which "involves preparing to take legal action and send letters to Trump appointees spelling out consequences they’d face if they undermine constitutional norms."

NBC notes:

Among the least-understood tools available to a president is the Insurrection Act. Vaguely worded, it gives a president considerable discretion in deciding what constitutes an uprising and when it is OK to deploy active-duty military in response, experts say.

Some lawmakers on Capitol Hill worry that Trump might invoke the act to involve the armed forces in the face of domestic protests or if the midterm elections don’t go his way.

"There are an array of horrors that could result from Donald Trump's unrestricted use of the Insurrection Act," US Senator Richard Blumenthal (R-CT) said in an interview, according to NBC. "A malignantly motivated president could use it in a vast variety of dictatorial ways unless at some point the military itself resisted what they deemed to be an unlawful order. But that places a very heavy burden on the military."

Blumenthal, NBC reports, is currently working on legislation "that would clarify the act and give Congress and the courts some say in its use."

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Democracy Forward President Skye Perryman told NBC, "We are preparing for litigation and preparing to use every tool in the toolbox that our democracy provides to provide the American people an ability to fight back. We believe this is an existential moment for American democracy and it’s incumbent on everybody to do their part."

NBC News' full report is here.

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