The Insurrection Act Today with William Banks and Harvey Rishikof National Security Law Today

The black letter law and articles in this episode are:

The Insurrection Act 10 USC Section 251-253
https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim

Posse Comitatus Act 18 USC Section 1385
https://www.law.cornell.edu/uscode/text/18/1385

William Banks, Stephen Dycus “Soldiers on the Home Front: The Domestic Role of the American Military”
https://www.hup.harvard.edu/catalog.php?isbn=9780674736740

William Banks “Providing “Supplemental Security” – The Insurrection Act and the Military Role in Responding to Domestic Crises,” Journal of National Security Law and Policy, December 2009
https://jnslp.com/2009/12/15/providing-supplemental-security-the-insurrection-act-and-the-military-role-in-responding-to-domestic-crises/

William Banks, Stephen Dycus “Martial Law Would Sweep the Country Into a Great Legal Unknown” The Atlantic, March 27, 2020
https://www.theatlantic.com/ideas/archive/2020/03/martial-law-would-sweep-country-great-legal-unknown/608773/

Calling Forth Act of 1792
https://www.constitution.org/mil/mil_act_1792.htm

Stephen Vladeck, “Emergency Power and the Militia Acts” Yale Law Journal, October 2004.
https://www.yalelawjournal.org/note/emergency-power-and-the-militia-acts

Executive Order 10730
https://www.ourdocuments.gov/doc.php?flash=false&doc=89&page=transcript

Executive Order 11053
https://www.presidency.ucsb.edu/documents/executive-order-11053-providing-assistance-for-the-removal-unlawful-obstructions-justice

Executive Order 12804
https://www.presidency.ucsb.edu/documents/executive-order-12804-providing-for-the-restoration-law-and-order-the-city-and-county-los

Letter from DC Mayor Muriel Bowser to President Trump
https://assets.documentcloud.org/documents/6937560/Bowser-Letter.pdf

“Federal Plan to Control DC Protests Taps 7,600 Personnel” Bloomberg News, June 4, 2020.
https://www.bloomberg.com/news/articles/2020-06-05/federal-plan-to-control-d-c-protests-has-7-600-personnel-tapped

Report of the Independent Commission on the Los Angeles Police Department (Christopher Commission Report)
https://archive.org/details/ChristopherCommissionLAPD

“U.S. Troops Went to the Border in 1997. They Killed an American Boy.” New York Times, November 27, 2018
https://www.nytimes.com/2018/11/27/us/esequiel-hernandez-death-border-mexico.html

“Ex-defense chief Mattis rips Trump for dividing Americans” AP, June 3, 2020
https://apnews.com/47a55054ccd7912fd7ceae833fc3feb6

“Troops should not be used as law enforcement against protesters, Esper says” Military Times, June 3, 2020
https://www.militarytimes.com/news/your-military/2020/06/03/troops-should-not-be-used-as-law-enforcement-against-protestors-secdef-says/

William Banks, Stephen Dycus, Peter Raven Hansen, Stephen Vladeck “National Security Law (Aspen Casebook) 7th Edition”
https://www.amazon.com/National-Security-Law-Aspen-Casebook/dp/1543806791/

Samuel Huntington “The Soldier and the State”
https://www.hup.harvard.edu/catalog.php?isbn=9780674817364

Charles Dunlap "Mobilizing the military for domestic operations: some legal considerations" Lawfire, June 2, 2020.
https://sites.duke.edu/lawfire/2020/06/02/mobilizing-the-military-for-domestic-operations-some-legal-considerations/

Professor William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee and an Emeritus Professor at the Syracuse University College of Law
http://law.syr.edu/profile/william-banks1

Harvey Rishikof is a Visiting Professor at Temple University Beasley School of Law and the Director of Policy and Cyber Security Research at the University of Maryland Applied Research Laboratory For Intelligence and Security
https://www.law.temple.edu/contact/harvey-rishikof/