Connect with us

News

Trump hints at expanded role for the military within the US. A legacy law gives him few guardrails

Published

on

Trump hints at expanded role for the military within the US. A legacy law gives him few guardrails

WASHINGTON (AP) — Campaigning in Iowa this year, Donald Trump said he was prevented during his presidency from using the military to quell violence in primarily Democratic cities and states.

Calling New York City and Chicago “crime dens,” the front-runner for the 2024 Republican presidential nomination told his audience, “The next time, I’m not waiting. One of the things I did was let them run it and we’re going to show how bad a job they do,” he said. “Well, we did that. We don’t have to wait any longer.”

Trump has not spelled out precisely how he might use the military during a second term, although he and his advisers have suggested they would have wide latitude to call up units. While deploying the military regularly within the country’s borders would be a departure from tradition, the former president already has signaled an aggressive agenda if he wins, from mass deportations to travel bans imposed on certain Muslim-majority countries.

A law first crafted in the nation’s infancy would give Trump as commander in chief almost unfettered power to do so, military and legal experts said in a series of interviews.

The Insurrection Act allows presidents to call on reserve or active-duty military units to respond to unrest in the states, an authority that is not reviewable by the courts. One of its few guardrails merely requires the president to request that the participants disperse.

Advertisement

“The principal constraint on the president’s use of the Insurrection Act is basically political, that presidents don’t want to be the guy who sent tanks rolling down Main Street,” said Joseph Nunn, a national security expert with the Brennan Center for Justice. “There’s not much really in the law to stay the president’s hand.”

A spokesman for Trump’s campaign did not respond to multiple requests for comment about what authority Trump might use to pursue his plans.

Congress passed the act in 1792, just four years after the Constitution was ratified. Nunn said it’s an amalgamation of different statutes enacted between then and the 1870s, a time when there was little in the way of local law enforcement.

“It is a law that in many ways was created for a country that doesn’t exist anymore,” he said.

It also is one of the most substantial exceptions to the Posse Comitatus Act, which generally prohibits using the military for law enforcement purposes.

Advertisement

Trump has spoken openly about his plans should he win the presidency, including using the military at the border and in cities struggling with violent crime. His plans also have included using the military against foreign drug cartels, a view echoed by other Republican primary candidates such as Florida Gov. Ron DeSantis and Nikki Haley, the former U.N. ambassador and South Carolina governor.

The threats have raised questions about the meaning of military oaths, presidential power and who Trump could appoint to support his approach.

Trump already has suggested he might bring back retired Army Lt. Gen. Michael Flynn, who served briefly as Trump’s national security adviser and twice pleaded guilty to lying to the FBI during its Russian influence probe before being pardoned by Trump. Flynn suggested in the aftermath of the 2020 election that Trump could seize voting machines and order the military in some states to help rerun the election.

Attempts to invoke the Insurrection Act and use the military for domestic policing would likely elicit pushback from the Pentagon, where the new chairman of the Joint Chiefs of Staff is Gen. Charles Q. Brown. He was one of the eight members of the Joint Chiefs who signed a memo to military personnel in the aftermath of the Jan. 6, 2021, attack on the U.S. Capitol. The memo emphasized the oaths they took and called the events of that day, which were intended to stop certification of Democrat Joe Biden’s victory over Trump, “sedition and insurrection.”

Trump and his party nevertheless retain wide support among those who have served in the military. AP VoteCast, an in-depth survey of more than 94,000 voters nationwide, showed that 59% of U.S. military veterans voted for Trump in the 2020 presidential election. In the 2022 midterms, 57% of military veterans supported Republican candidates.

Advertisement

Presidents have issued a total of 40 proclamations invoking the law, some of those done multiple times for the same crisis, Nunn said. Lyndon Johnson invoked it three times — in Baltimore, Chicago and Washington — in response to the unrest in cities after the assassination of Dr. Martin Luther King Jr. in 1968.

During the Civil Rights era, Presidents Johnson, John F. Kennedy and Dwight Eisenhower used the law to protect activists and students desegregating schools. Eisenhower sent the 101st Airborne to Little Rock, Arkansas, to protect Black students integrating Central High School after that state’s governor activated the National Guard to keep the students out.

George H.W. Bush was the last president to use the Insurrection Act, a response to riots in Los Angeles in 1992 after the acquittal of the white police officers who beat Black motorist Rodney King in an incident that was videotaped.

Repeated attempts to invoke the act in a new Trump presidency could put pressure on military leaders, who could face consequences for their actions even if done at the direction of the president.

Michael O’Hanlon, director of research in foreign policy at the Brookings Institution think tank, said the question is whether the military is being imaginative enough with the scenarios it has been presenting to future officers. Ambiguity, especially when force is involved, is not something military personnel are comfortable with, he said.

Advertisement

“There are a lot of institutional checks and balances in our country that are pretty well-developed legally, and it’ll make it hard for a president to just do something randomly out of the blue,” said O’Hanlon, who specializes in U.S. defense strategy and the use of military force. “But Trump is good at developing a semi-logical train of thought that might lead to a place where there’s enough mayhem, there’s enough violence and legal murkiness” to call in the military.

Democratic Rep. Pat Ryan of New York, the first graduate of the U.S. Military Academy to represent the congressional district that includes West Point, said he took the oath three times while he was at the school and additional times during his military career. He said there was extensive classroom focus on an officer’s responsibilities to the Constitution and the people under his or her command.

“They really hammer into us the seriousness of the oath and who it was to, and who it wasn’t to,” he said.

Ryan said he thought it was universally understood, but Jan. 6 “was deeply disturbing and a wakeup call for me.” Several veterans and active-duty military personnel were charged with crimes in connection with the assault.

While those connections were troubling, he said he thinks those who harbor similar sentiments make up a very small percentage of the military.

Advertisement

William Banks, a Syracuse University law professor and expert in national security law, said a military officer is not forced to follow “unlawful orders.” That could create a difficult situation for leaders whose units are called on for domestic policing, since they can face charges for taking unlawful actions.

“But there is a big thumb on the scale in favor of the president’s interpretation of whether the order is lawful,” Banks said. “You’d have a really big row to hoe and you would have a big fuss inside the military if you chose not to follow a presidential order.”

Nunn, who has suggested steps to restrict the invocation of the law, said military personnel cannot be ordered to break the law.

“Members of the military are legally obliged to disobey an unlawful order. At the same time, that is a lot to ask of the military because they are also obliged to obey orders,” he said. “And the punishment for disobeying an order that turns out to be lawful is your career is over, and you may well be going to jail for a very long time. The stakes for them are extraordinarily high.”

___

Associated Press writers Jill Colvin and Michelle L. Price in New York, and Linley Sanders in Washington contributed to this report.

Advertisement

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

News

Finland probes Russian shadow fleet oil tanker after cable-cutting incident

Published

on

Finland probes Russian shadow fleet oil tanker after cable-cutting incident

Unlock the Editor’s Digest for free

Finnish authorities are investigating an oil tanker that is part of Russia’s shadow fleet over whether it cut an electricity cable between Finland and Estonia.

The Eagle S was stopped by Finnish authorities after the Estlink 2 subsea electricity cable in the Gulf of Finland was disconnected on Wednesday. The tanker, which is registered in the Cook Islands and is carrying oil from Russia to Egypt according to ship tracking data, was seen passing over the cable at the time of the incident.

The aged tanker is part of Russia’s shadow fleet and is the focus of Finland’s investigation, according to people familiar with the probe. The Eagle S is also under investigation over whether it cut three communications cables in the Gulf of Finland, the people added.

Advertisement

The shadow fleet is a group of old and often poorly maintained ships used by Russia to circumvent international sanctions on its oil exports.

The Christmas Day incident appears to be the latest in a series of pipelines and cables being targeted in the Baltic Sea by foreign vessels, sparking fears of deliberate attacks on critical infrastructure between Nato countries.

“We must be able to prevent the risks posed by ships belonging to the Russian shadow fleet,” said Finland’s President Alexander Stubb in a post on X after a meeting with security chiefs on Thursday.

Last year a Chinese container ship, the Newnew Polar Bear, cut a gas pipeline between Finland and Estonia but was not stopped by authorities as it was in international waters.

A Chinese bulk carrier, the Yi Peng 3, last month passed over two data cables between Finland and Germany and Sweden and Lithuania about the times they were severed. It stopped for a month in international waters between Denmark and Sweden.

Advertisement

Chinese investigators finally boarded the ship last week, with Swedish, Danish, German and Finnish representatives present as observers. But Sweden’s foreign minister criticised Beijing for not allowing the lead Swedish investigator to board or to inspect the vessel, which has now left the region.

The Eagle S case is different as the ship voluntarily stopped inside Finnish waters, according to people familiar with the investigation, leaving no question as to jurisdiction. Ownership of the Eagle S is murky but it appears to be the only vessel owned by a Dubai company. Attempts to reach the owner on Thursday were unsuccessful. 

Authorities have not determined the cause of the disconnection of the Estlink 2 cable. Estonia has also said it will not affect its electricity supply. The cable is used to export electricity from Finland, which recently brought its latest nuclear power plant online, to Estonia.

Finnish Prime Minister Petteri Orpo said the country’s electricity supply would not be affected.

Finnish authorities are keeping an open mind on the latest incident, not least because dozens of poorly maintained vessels in the shadow fleet sail in the Baltic Sea.

Advertisement

Environmental campaigners have issued repeated warnings about the dangers in the region and elsewhere of the dilapidated vessels.

In the Mediterranean, a Russian cargo ship under US sanctions for working with the Russian military sank between Spain and Algeria on Tuesday.

Continue Reading

News

Popeye, Tintin and more will enter the public domain in the new year

Published

on

Popeye, Tintin and more will enter the public domain in the new year

An enlarged cartoon of Tintin pictured on display at Paris’ Pompidou Cultural Center in 2006. The Belgian cub reporter is among the characters and works entering the public domain in 2025.

Jacques Brinon/AP


hide caption

toggle caption

Advertisement

Jacques Brinon/AP

Jan. 1 marks the dawn of a new era for Popeye and Tintin. It’s the day the nonagenarian cartoon characters officially enter the U.S. public domain along with a treasure trove of other iconic works.

The copyrights of thousands of films, songs and books expire in 2025, making them instantly available for people to use, share and adapt. The list includes classics like Virginia Woolf’s book A Room of One’s Own, the Fats Waller song “Ain’t Misbehavin’” and the Marx Brothers’ first feature film, The Cocoanuts.

The main thing they have in common is their age — under U.S. copyright law, their terms all expire after 95 years. All of the works entering the public domain next year are from 1929, except for sound recordings, which (because they are covered by a different law) come from 1924.

Advertisement

“Copyright’s awesome … but the fact that rights eventually expire, that’s a good thing, too, because that’s the wellspring for creativity,” says Jennifer Jenkins, the director of Duke’s Center for the Study of the Public Domain, which spends months poring over records to compile the most famous examples.

Once in the public domain, these works become fodder for remakes, spinoffs and other adaptations.

That explains the recent wave of horror films starring Mickey Mouse and Winnie the Pooh, characters that entered the public domain in 2024 and 2023 respectively. The trend seems poised to continue: Jenkins says there are already three Popeye slasher flicks in the works.

“They’re capitalizing on the incongruity of this comic book character in a different genre and they get a lot of buzz,” she adds. “[But] when I sit back and look at the universe of remakes of public domain characters or works … the things that we still talk about that stand the test of time don’t tend to be these buzzworthy, kind of ew, grossed-out features.”

More enduring examples include West Side Story drawn from Shakespeare’s Romeo & Juliet, screen adaptations of Jane Austen’s Emma, Percival Everett’s 2024 book James (a retelling of Huckleberry Finn) and Wicked, the musical-turned-movie prequel to L. Frank Baum’s Wizard of Oz. 

Advertisement

But these artifacts don’t only become fodder for big-name directors and authors — they’re available for anyone who wants to use them, from artists to high school orchestra directors.

Jenkins says she gets “adorable emails” from people who are drawing their own little Winnie the Pooh cartoons, and parents whose kids are talented musicians, eager to finally be able to perform certain compositions publicly and post them online.

In other words, the impact of public domain works extends far beyond the box office and Billboard charts.

“I’m excited about those things that not everybody’s going to notice — people really re-discovering some of these older works and engaging with them and appreciating them and making them their own,” she adds.

Advertisement

Here’s a look at some of the works that are just days away from the public domain:

Characters

A Popeye balloon flies over the 33rd Macy's Thanksgiving Day Parade in Times Square.

A helium-filled Popeye balloon participates in the 33rd Macy’s Thanksgiving Day Parade in New York in 1959, three decades after his comic strip debut.

AP/AP


hide caption

toggle caption

Advertisement

AP/AP

Tintin the brave cub reporter — and his dog, Snowy — will enter the public domain in the U.S. well before they will in the European Union, where they are copyrighted until 2054. That’s because EU copyright terms extend 70 years past creators’ deaths, and Belgian cartoonist Hergé died in 1983.

Closer to home there’s E.C. Segar’s Popeye, who made his debut in a January 1929 Thimble Theatre cartoon strip. He sports his signature pipe, sailor outfit, anchor tattoo and sense of humor, responding when asked if he’s a sailor: “Ja think I’m a cowboy?”

Advertisement

He could have a whole new set of adventures starting in 2025. But there’s a catch: Popeye didn’t start deriving his strength from spinach until 1932.

As Jenkins explains, many cartoon characters develop over time and have been in copyrighted works year after year, meaning certain aspects of them may come into the public domain in different years. So only the original 1929 versions of Popeye and Tintin are fair game, at least for now.

“Definitely the Popeye from 1929 and everything that he says, all of his characteristics, his personality, his sarcasm … that’s public domain,” she says. “The spinach, if you want to be on the safe side, you might want to wait.”

Films

A promotional card for Clara Bow's movie "The Wild Party."

The Wild Party, Clara Bow’s first talkie, was released in 1929, making it public domain in 2025.

LMPC via Getty Images

Advertisement


hide caption

toggle caption

LMPC via Getty Images

Advertisement

Similarly, the original Steamboat Willie version of Mickey Mouse arrived in the public domain with much fanfare in 2024. In 2025, a dozen more Mickey animations will follow suit — including The Karnival Kid, in which he speaks for the first time.

“His very first words are ‘Hot dogs! Hot dogs!’ — so I guess that’s kind of cute,” Jenkins says. “And then he didn’t wear the white gloves in 1928, but next year, in 2025, we get the version of Mickey Mouse with the signature white gloves in the public domain.”

Sound is a big theme across the films making their public domain debut next year, since 1929 marked the end of the silent film era and the dawn of the sound film age.

The list includes the first sound films from major directors like Alfred Hitchcock (Blackmail), John Ford (The Black Watch) and Cecil B. DeMille (Dynamite), as well as Clara Bow’s first talkie, The Wild Party, and The Broadway Melody, the first sound film to win an Academy Award for Best Picture.

Other notables include Walt Disney’s The Skeleton Dance (the first of the Silly Symphony shorts); King Vidor’s Hallelujah, the first major studio film with an all-Black cast; and Alan Crosland’s On With the Show, the first all-talking, all-color, feature-length film.

Advertisement

Books

This combination of photos show authors Ernest Hemingway in 1950, left, William Faulkner in 1950, center, and John Steinbeck in 1962.

From left: Ernest Hemingway in 1950, William Faulkner in 1950, and John Steinbeck in 1962.

AP/AP


hide caption

toggle caption

AP/AP

Advertisement

Among the many literary works entering the public domain next year are two of the most acclaimed books about World War I: Ernest Hemingway’s A Farewell to Arms, and the first English translation of Erich Maria Remarque’s All Quiet on the Western Front — both authors served in the war themselves.

The list includes several detective mysteries: Red Harvest and The Maltese Falcon by Dashiell Hammett, Ellery Queen’s The Roman Hat Mystery, and Seven Dials Mystery by Agatha Christie.

There are also some literary debuts, including John Steinbeck’s first novel, Cup of Gold, and Richard Hughes’ first novel A High Wind in Jamaica.

Musical compositions

George Gershwin writes sheet music while sitting at a piano.

George Gershwin’s “An American in Paris” is among the musical compositions entering the public domain in 2025.

PALM/RSCH /Redferns

Advertisement


hide caption

toggle caption

PALM/RSCH /Redferns

Advertisement

The latest crop of compositions spans the era’s jazz standards, show tunes, pop music and more.

They include: Arthur Freed’s Singin’ in the Rain (which was featured in the film The Hollywood Revue of 1929, also entering public domain), George Gershwin’s An American in Paris, Maurice Ravel’s Bolero, Jack Yellen’s Happy Days Are Here Again (the campaign song for FDR’s 1932 presidential run), Cole Porter’s What Is This Thing Called Love? and Tiptoe Through the Tulips (the Joseph Burke version, not the 1968 Tiny Tim one).

“But if you felt like singing like Tiny Tim for some reason, and you could, you can record your own version of Tiptoe Through the Tulips next year because that song’s going to be public domain,” Jenkins says.

The Center for the Study of Public Domain specifies that musical compositions refer to “the music and lyrics that you might see on a piece of sheet music, not the recordings of those songs.” Those are covered by a separate copyright.

Sound recordings

Marian Anderson poses for a photo outside.

Marian Anderson became the first Black singer to perform at the Metropolitan Opera House in New York in 1955. One of her early recordings from 1924 will enter the public domain next year.

London Express/Hulton Archive/Getty Images

Advertisement


hide caption

toggle caption

London Express/Hulton Archive/Getty Images

Advertisement

Under the 2018 Music Modernization Act, sound recordings are protected by copyright for 100 years. It’s the particular recordings that eventually enter the public domain, not the song’s music or lyrics or later recordings from those artists.

These are some of the 1924 performances that will become available for legal reuse in January: Marian Anderson’s “Nobody Knows the Trouble I’ve Seen,” George Gershwin’s “Rhapsody in Blue,” Jelly Roll Morton’s “Shreveport Stomp,” “Deep Blue Sea Blues” by Clara Smith, and “Everybody Loves My Baby (But My Baby Don’t Love Nobody But Me)” recorded by Louis Armstrong and Clarence Williams’ Blue Five.

Continue Reading

News

Dozens feared dead as Azerbaijan Airlines plane crashes in Kazakhstan

Published

on

Dozens feared dead as Azerbaijan Airlines plane crashes in Kazakhstan

Unlock the Editor’s Digest for free

An Azerbaijan Airlines plane carrying 62 passengers and five crew has crashed while making an emergency landing at a Kazakhstan airport, with 29 survivors, including two children, taken to hospital.

Videos on local media showed a large explosion after the aircraft crashed into an empty field. Images from the scene showed passengers climbing out of the tail of the fuselage aided by emergency workers.

Those aboard were from Azerbaijan, Russia, Kazakhstan and Kyrgyzstan, Russian state Ria news agency reported, citing Kazakhstan’s transport ministry.

Advertisement

Local media outlets reported that nine of those taken to hospital were in serious condition and that search and rescue operations were under way.

The plane, an Embraer 190, was travelling to Grozny in the southern Russian republic of Chechnya from Azerbaijan’s capital Baku, but was diverted to Aktau after flying into heavy fog.

Early media reports suggested that the plane hit a flock of birds, which affected control of the aircraft.

“After a collision with birds, due to an emergency situation on board the aircraft, its commander decided to go to an alternate airfield and Aktau was chosen,” Ria reported, citing Russia’s aviation agency Rosaviatsia. Local media also shared unconfirmed reports of an explosion of an oxygen canister onboard, leading many passengers to lose consciousness.

Baku has sent an official delegation to Kazakhstan to investigate the incident, Azerbaijan’s APA news agency said. The country’s president, Ilham Aliyev, left an informal summit of the Commonwealth of Independent States in Russia to return to Baku. He expressed his condolences to the those affected by the crash.

Advertisement

Kremlin spokesperson Dmitry Peskov said Russian President Vladimir Putin had also extended his condolences to Azerbaijan’s leader.

Chechnya’s leader Ramzan Kadyrov expressed his condolences to the relatives of the deceased on social media. “We pray to the Almighty for [the survivors’] recovery.”

Photos on social media showed relatives gathering in Grozny airport to wait for news of their loved ones.

One man at Grozny airport said he had just received a video in which he could see his nephew had survived the crash. “Of course I am very happy,” he told a Ria news reporter.

Advertisement
Continue Reading

Trending