Please forgive the heading - minimal sleep.
Yesterday, when Trump told everyone to go home his language was very specific. He made a statement because 10 U.S.C. 254 requires him to make a statement.
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.
This chapter the code is referring to is very specific, obviously. And more context from the preceding section is necessary in order to understand why Trump would have to tell everyone to go home.
The section prior, 10 U.S.C 253 states the following; I’m going to try and break it up for context:
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.
The U.S. code also defines an insurrection as the following:
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
If my theory is correct, and it is of course, just MY theory - Trump’s actions would make perfect sense.
Before utilizing the military to take down a conspiracy where the people of the US are denied the right to have their votes counted, Trump would be required to tell people to go home. Not necessarily because protestors are the insurgents, but because individuals in Congress are. Now that Congress is done, they have formalized the denial of the right of the people to have their vote count. Paving the way for Trump to have justification to use the military against them.
Correct me if I'm wrong, but didn't the NDAA going into effect nullify this?