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Read Will Scharf’s Confidential Insurrection Act Memo

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Read Will Scharf’s Confidential Insurrection Act Memo

to “indirect assistance” or “permissible direct assistance.” Among these, most notably, are statutes dealing with transnational organized crime and international counterdrug efforts.

3. The Insurrection Act

A. Statutory Provisions

The most far-reaching legal exceptions to the Posse Comitatus Act, though, fall within the Insurrection Act. The Insurrection Act, 10 U.S.C. §§251-255, originally enacted in 1807, is a statute that, when invoked, provides the President with extraordinary powers to use the military in several distinct domestic contexts, if the President first “by proclamation” orders “the insurgents to disperse”:

First, in the event of an insurrection in any state against its government, the President, at the request of a state legislature or governor, can use the military to suppress the insurrection. 10 U.S.C. § 251.

Second, in the event that unlawful acts “make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings,” the President can use the military to enforce the law and suppress the rebellion. 10 U.S.C. § 252.

Third, in the event of “any insurrection, domestic violence, unlawful combination, or conspiracy” that makes enforcing the law impossible, or that results in any class of people being deprived of their rights, and which state authorities are unable or unwilling to resolve, the President can use the military to resolve the insurrection. 10 U.S.C. § 253(1).

And lastly, wherever any such “insurrection, domestic violence, unlawful combination, or conspiracy… opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws,” the President may use the military to resolve the insurrection. 10 U.S.C. § 253(2).

B. Implications and Usage

While § 251 is cabined by the requirement for a request from state officials, the § 252 and § 253 authorities are incredible broad, allowing for essentially unbounded use of the military in any state, with or without state consent or acquiescence, with the only predicate being a Presidential proclamation declaring that an insurrection exists.

Many Presidents have invoked the Insurrection Act throughout American history. Abraham Lincoln invoked the Insurrection Act at the outset of the Civil War (indeed, the prosecution of the Civil War can be viewed as one long deployment of the military under the Act). Ulysses S. Grant similarly invoked the Insurrection Act during his suppression of the first Ku Klux Klan in the 1870s. In the late 1800’s, the Insurrection Act was invoked on a number of occasions to deal with labor strife. And perhaps most notably in recent history, three Presidents invoked the

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Map: 4.1-Magnitude Earthquake Shakes Southern California

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Map: 4.1-Magnitude Earthquake Shakes Southern California

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Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

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A light, 4.1-magnitude earthquake struck in Southern California on Sunday, according to the United States Geological Survey.

The temblor happened at 3:38 a.m. Pacific time about 1 mile southeast of Frazier Park, Calif., data from the agency shows.

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U.S.G.S. data earlier reported that the magnitude was 4.4.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Aftershocks detected

Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

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Quakes and aftershocks within 100 miles

Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

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When quakes and aftershocks occurred

 All times are Pacific time. The New York Times

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Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Sunday, July 12 at 11:54 a.m. Eastern. Aftershocks data is as of Sunday, July 12 at 2:24 p.m. Eastern.

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Mexico-US relations are already strained, but experts say they’re about to get worse | CNN

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Mexico-US relations are already strained, but experts say they’re about to get worse | CNN

The death of a Mexican man in Houston at the hands of Immigration and Customs Enforcement is threatening to upend already-strained relations between Mexico and the United States.

Mexican President Claudia Sheinbaum took the unusual step of announcing at a press conference on Thursday that Mexico is seeking civil and criminal investigations in the US related to the deaths of 17 Mexican nationals during immigration enforcement operations or at detention centers.

These investigations aim to “protect the human rights of Mexicans in the United States,” the Mexican government said.

The impetus for the announcement was the ICE shooting death of Lorenzo Salgado Araujo in Texas last week. ICE officials said agents shot Salgado Araujo, whom they said was in the US illegally, after he rammed a law enforcement vehicle and refused to follow verbal commands during a traffic stop.

His family has disputed ICE’s account, telling CNN that the 52-year-old father of three would have stopped if he had known the car that followed him belonged to law enforcement.

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At her press conference announcing the request for criminal investigations, Sheinbaum also called for petitions to the Inter-American Commission on Human Rights and the United Nations High Commissioner for Human Rights.

Asked about Sheinbaum’s comments, the US Department of Homeland Security defended ICE’s actions.

“ICE agents are trained to use the minimum necessary force to resolve dangerous situations to prioritize the safety of the public and our officers,” the agency said.

The agency also said that detainees in ICE custody “receive full due process, are provided with adequate food, water, and medical treatment, and have opportunities to communicate with their families and attorneys.”

Analysts who spoke with CNN said that Salgado’s death and Mexico’s response may signal a major rift between Mexican and US authorities.

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“This is no minor incident,” said José Luis Valdés Ugalde, academic at the Center for Research on North America at the National Autonomous University of Mexico (UNAM). “It affects the bilateral relationship and the pending issues that Mexico and the United States have before them,” including “security, migration, and trade.”

International affairs expert and newspaper columnist Fausto Pretelin said the relationship between Mexico and the United States was at “its worst moment” in the aftermath of the killing of Salgado Araujo. But he thinks Sheinbaum’s actions will damage relations further, for little more than political points gained within Mexico.

“It’s a performance,” Pretelin said of Sheinbaum’s announcement. “The opportunity to take these issues seriously is lost. And when I say seriously, I mean that diplomatic channels should be used.”

Yet some might argue that diplomatic channels have seen plenty of traffic, especially on this issue. Mexico’s government has already issued 11 diplomatic notes of protest to the US over the deaths of its citizens, Foreign Minister Roberto Velasco told reporters.

Now, his country had to go “beyond the diplomatic realm.”

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While Pretelin and Valdés Ugalde have warned that Sheinbaum’s announcement spells trouble for US-Mexico relations, some experts believe that the Mexican president hasn’t gone nearly far enough.

Academic and columnist Tomás Milton Muñoz Bravo, professor of international relations at UNAM, says that this type of response should have come much earlier.

“It’s incredible that 17 deaths had to occur for Mexican authorities to finally announce a strategy that goes beyond the merely diplomatic to the judicial,” said Muñoz Bravo. “Of course, the announcement has been made, but I still want to see the actions that have been stated actually develop.”

Yet Valdés Ugalde points out that the US shows no signs of caring about Mexican criticisms of its immigration policy. Likewise, Valdés Ugalde said, Mexico has not known how to defend the migrant community and has made what he describes as “mistakes” in its foreign policy.

One of these, according to Valdés Ugalde, has been rejecting extradition requests for politicians allegedly linked to drug trafficking on the grounds of national sovereignty. This has given the Trump administration an opening to retaliate in other areas, such as the renegotiation of the US-Mexico-Canada Agreement, which protects many Mexican exports from American tariffs.

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“There are no signs of rebuilding the relationship; the relationship is very damaged by the attitudes of both governments and by Mexico’s defensive stance,” Valdés Ugalde said.

Muñoz Bravo said that the November midterm elections in the US could open an opportunity for Mexico if Republicans lose their control of Congress.

“What we’re going to see in November is extremely important,” he said. If Trump “does not have a majority in the chambers, there will be checks and balances that will even allow for room to negotiate with other actors in the United States.”

Until then, tensions between the neighbors remain high, with any further deaths of Mexican migrants threatening to deepen the rift.

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Messi and Argentina survive another close call to reach the World Cup semifinals

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Messi and Argentina survive another close call to reach the World Cup semifinals

Argentina forward Julián Alvarez (C) celebrates scoring his team’s second goal during the World Cup quarterfinal match against Switzerland in Kansas City on Saturday. Argentina has advanced to the semifinals and will play England on Wednesday.

Odd Andersen/AFP via Getty Images


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KANSAS CITY, Mo. — This was not the first time Argentina had come to the brink in this FIFA World Cup.

First, the defending champions needed extra time to escape Cape Verde, the Cinderella story of this tournament. Then, they needed a miraculous comeback to overcome a 0-2 deficit to Egypt in the Round of 16.

In Saturday’s quarterfinal in Kansas City, the Albiceleste stood on the edge once again, trapped in a 1-1 tie for much of the second half and extra time against a feisty Switzerland team that would not lie down — even once they were playing down a man and a loss seemed inevitable.

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In the end, after 30 minutes of extra time, Argentina prevailed 3-1 to earn a spot in the World Cup semifinals. They will face England (which also needed extra time Saturday to defeat Norway) on Wednesday in Atlanta.

Of the 69,045 people who packed into the stands of Arrowhead Stadium on a hot and humid Missouri night, thousands wore the jersey of the sport’s singular star: Lionel Messi, the 39-year-old forward for Argentina.

But it was forward Julián Alvarez who saved the day for his team and his country, sending a right-footed rocket to the far upper corner of the goal in the 112th minute. Then, in the 121st minute, a cherry on top from Lautaro Martínez, who sealed the game with another strike.

Messi contributed only an early-game assist. He had scored a goal in a record nine straight World Cup games — this is his first game in 10 matches in which he did not.

Switzerland's midfielder Remo Freuler (L) and Argentina midfielder Alexis Mac Allister fight for the ball during the World Cup quarterfinal in Kansas City on Saturday.

Switzerland’s midfielder Remo Freuler (L) and Argentina midfielder Alexis Mac Allister fight for the ball during the World Cup quarterfinal in Kansas City on Saturday.

Juan Mabromata/AFP via Getty Images

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Alvarez’s goal capped an increasingly desperate effort by Argentina to keep the game from going to penalty kicks. It had taken an early 1-0 lead in the 10th minute, when midfielder Alexis Mac Allister headed a Messi corner kick into the net. (That was Messi’s 10th career World Cup assist, all of them to different players.)

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