Connect with us

News

Calls Mount for Biden to Seize Control of National Guard as Abbott Ignores SCOTUS Ruling

Published

on

Legal experts and members of Congress have started to urge President Joe Biden to seize control of the Texas National Guard, which Governor Greg Abbott is using to defy federal law and a U.S. Supreme Court ruling while continuing to obstruct federal agents from accessing the border.

“Texas’s constitutional authority,” Governor Abbott claimed Wednesday, “is the supreme law of the land and supersedes any federal statutes.”

For months, the Texas Republican governor has been ramping up his attacks on the Biden administration’s handling of what right wing pundits and politicians call the “border crisis,” undocumented immigrants and asylum seekers crossing from Mexico into the United States.

Alleging Texas is now under “an invasion,” Gov. Abbott issued an inflammatory statement tinged with language so defiant that The Nation’s justice correspondent, Elie Mystal joked, “I read this in the original Confederate.”

READ MORE: ‘No Labels Is a Lethal Scam’ Warns Top Constitutional Law Attorney

Abbott claims, wrongly according to U.S. Constitution and to the conservative-majority U.S. Supreme Court, that Texas law “supersedes” federal law, and vows to continue to not only continue to lay down more deadly razor wire but to block federal border patrol agents from accessing the border.

CBS Texas Wednesday evening posted this report:

Abbott alleges in his statement President Biden has violated the U.S. Constitution.

“The federal government has broken the compact between the United States and the States. The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now,” Abbott declares in his statement. “President Biden has refused to enforce those laws and has even violated them. The result is that he has smashed records for illegal immigration. Despite having been put on notice in a series of letters one of which I delivered to him by hand President Biden has ignored Texas’s demand that he perform his constitutional duties.”

Citing “James Madison, Alexander Hamilton, and the other visionaries who wrote the U.S. Constitution,” Abbott decrees, “The failure of the Biden Administration to fulfill the duties imposed by Article IV, § 4 has triggered Article I, § 10, Clause 3, which reserves to this State the right of self-defense.”

“I have already declared an invasion under Article I, § 10, Clause 3 to invoke Texas’s constitutional authority to defend and protect itself,” Abbott warns. “That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border.”

Some experts are warning Abbott’s defiance and refusal to obey the Supreme Court and the Constitution could spark a second U.S. Civil War.

Professor of Law Eric Segall, who teaches about the federal courts and constitutional law and is the author of books on originalism and the U.S. Supreme Court, wrote: “Wow, I predicted Texas might not comply. Is this bluffing or is Texas going to start Civil War II.”

READ MORE: Biden State of the Union Invitation Puts Abortion Rights in Spotlight

Professor of law and political scientist Anthony Michael Kreis first mocked Abbott, then took a deep dive into his statement.

Calling Abbott’s statement “sincerely bat shit crazy,” Kreis asked, “Did John Calhoun write this?” He was referring to the 19th century U.S. vice president who was a defender of slavery and supporter of nullification, the alleged “right” of a state to “nullify” a federal law it claims is unconstitutional.

“By this logic,” wrote University of Texas School of Law professor of law Steve Vladeck, referring to Abbott’s statement, “states could use their own determination that an ‘invasion’ exists as a justification for usurping control of whichever federal policies they don’t like. Whatever you think about current immigration policy, this is just a 21st-century re-packaging of nullification.”

Kreis continued, also writing, “Joe Biden should respond to Greg Abbott by federalizing the Texas National Guard,” and  suggested some of Abbott’s “rhetorical choices” echoed “the Texas secession ordinance from 1861.”

U.S. Reps. Joaquin Castro (D-TX) and Greg Casar (D-TX) also said President Biden should take control of the National Guard in Texas.

“Governor Greg Abbott is using the Texas National Guard to obstruct and create chaos at the border,” Congressman Castro wrote on Tuesday. “If Abbott is defying yesterday’s Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard now.”

Congressman Casar, agreeing with Congressman Castro, added on Wednesday, “Greg Abbott has continued to use political stunts and inflammatory language to advance his own agenda, violating the Constitution and endangering both U.S. citizens and asylum seekers.”

“Abbott is following the Donald Trump playbook: make immigration harder and more dangerous, so asylum seekers are pushed into the hands of cartels and the system remains broken,” Casar wrote. “I agree with @JoaquinCastrotx: if Abbott is defying yesterday’s Supreme Court ruling, @POTUS needs to establish sole federal control of the Texas National Guard.”

READ MORE: ‘Losingest Loser’: Journalists Say ‘Trump’s in Big Trouble’

Sawyer Hackett, a Democratic strategist and senior advisor to Julian Castro, adds, “South Texas Rep. @JoaquinCastrotx is urging President Biden to nationalize the TX National Guard—as reports indicate Gov. Abbott is defying *the Supreme Court* with his continued obstruction of federal authorities. Abbott isn’t above the law. This is a good fight to pick.”

Hackett added:

Read the social media posts above or at this link.

Image via Shutterstock

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

Published

on

The Fox News host who targeted a juror serving on Donald Trump’s criminal New York trial is now suggesting the ex-president should violate his gag order and “force” the court to throw him in jail, by quoting the Fox News host.

Jesse Watters came under fire earlier this week for profiling juror number two, sharing possibly identifying information published by a myriad of reporters but then using that information to pass judgment on her ability to serve.

“I’m not so sure about juror number two,” Watters concluded on Fox News.

Jurors, at the judge’s direction, were to remain anonymous, for their protection and the protection of the trial.

The judge excused her, after she said she felt she was not able to be impartial because friends and family were calling her asking if she had been chosen to serve on the Trump trial, after the media blitz.

New York Supreme Court Judge Juan Merchan admonished the press for reporting the information, but some news outlets appeared to ignore his warning.

Watters on Wednesday “did a segment with a jury consultant, revealing details about people who had been seated on the jury and questioning whether some were ‘stealth liberals’ who would be out to convict Trump,” the Associated Press reported.

READ MORE: Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

Trump later posted Watters’ quote on his Truth Social platform, leading some, including New York prosecutors, to ask the judge to cite him for allegedly breaking his gag order.

Judge Merchan ordered Trump to not mention witnesses, jurors, prosecutors, court staff, or the family members of prosecutors and court staff, CNN has reported.

New York prosecutors told Juge Merchan Trump has violated the gag order at least ten times.

“Prosecutor Christopher Conroy described the ‘most disturbing’ example as a social media message Trump posted on Wednesday evening quoting a Fox News host as saying, ‘They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury,'” Politico reports.

That host was Jesse Watters.

RELATED: ‘Afraid and Intimidated’: Trump Trial Juror Targeted by Fox News Dismissed

Friday afternoon, Watters appeared to egg Trump on, urging the ex-president to violate the gag order.

“I would make them put me in jail,” Watters said on Fox News. “I would have a tweet about something perhaps I said on ‘The Five’ or ‘Jesse Watters Primetime,’ and I would force them to throw me in jail.”

Watch Watters’ remark below or at this link.

 

Continue Reading

News

Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

Published

on

U.S. Rep. Matt Gaetz (R-FL) says some of his fellow House Republicans would “take a bribe” to throw the razor-thin GOP majority to the Democrats if a far-right faction calls up a motion to oust Speaker of the House Mike Johnson, allowing Democrats to hand the gavel to the Minority Leader, Hakeem Jeffries. he warned if that happens, Democrats would immediately declare Trump ineligible to be President, pack the U.S. Supreme Court, and pass numerous laws like the American Rescue Plan.

“I do believe in a one seat majority there could be one or two or three of my colleagues who would take a bribe in one form or another in order to deprive the Republicans of a majority at all,” Gaetz said Friday on his podcast (video below.)

He added, “the risk that one or two of my corrupt Republican colleagues might take a bribe, take a walk, feign an ailment and flip this thing to the Democrats is a risk that is too high for me at this time.”

Gaetz’s fellow far-right Florida Republican member of Congress, Anna Paulina Luna, told listeners, “I heard that when, if and when the motion vacate is introduced, that there will be immediate resignations of a couple of more moderate members of Congress. And in the event that that happens, that ultimately means it does go to a Democrat speaker.”

RELATED: Jeffries Vows Democrats Will Ensure Ukraine Aid Passes as Johnson Defectors Grow

U.S. Rep. Marjorie Taylor Greene (R-GA) last month filed a “motion to vacate,” which she can use at any time to force a vote to oust the GOP Speaker, Mike Johnson. U.S. Rep. Tim Massie (R-KY) and just today, U.S. Rep. Paul Gosar (R-AZ) has signed on as co-sponsors.

Congressman Gaetz told listeners if Democrats do take the House through a force vote to remove Johnson, Democrats would “be declaring Donald Trump an insurrectionist and setting up a barrier to him being able to become the president United States.”

“That’ll be their leadoff hitter, and then the chaser to that shot will be a massive spending package that looks a lot more like the American Rescue Plan. They will blow past every concept of every cap ever imagined. You’ll be looking at Universal Basic Income, you could be looking at packing the Supreme Court.”

Watch a short clip of Gaetz’s remarks below or at this link.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

Continue Reading

News

Jeffries Vows Democrats Will Ensure Ukraine Aid Passes as Johnson Defectors Grow

Published

on

Democratic House Minority Leader Hakeem Jeffries vowed Friday the majority of Democrats will support Republicans’ Ukraine, Israel, Taiwan, and Gaza foreign aid legislation as Republican Speaker Mike Johnson lost support of another member of his conference to a faction determined to oust him.

“Democrats will provide a majority of our majority as it relates to funding Israel, humanitarian assistance, Ukraine, and our allies in the Indo Pacific,” Minority Leader Jeffries said. “It remains to be seen what Republicans will do in terms of meeting the national security needs of the American people, but it was important for House Democrats to ensure that the national security bills are going to be considered.”

Despite Republicans having a one-vote majority, more Democrats on Friday voted to move the critical and long-awaited foreign aid bills forward than did Republicans.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

The 316-94 vote included 165 Democrats and 151 Republicans voting yes, and 55 Republicans and 39 Democrats voting no.

Axios’ Juliegrace Brufke posted the list of Republicans voting against their party’s legislation.

Calling it a “rare” moment in modern congressional history to have to rely on opposition party votes to pass legislation, BBC News reports Speaker Johnson’s “hold on power is tenuous, and the legislators who oppose him – and his bid to provide aid to Ukraine – occupy some key positions within the House’s power structure.”

Amid the procedural vote to move the foreign aid funding bills forward, U.S. Rep. Paul Gosar, a far-right Republican of Arizona, announced he is joining Congresswoman Marjorie Taylor Greene (R-GA), and Congressman Tim Massie (R-KY) in formally announcing their will vote to oust Speaker Johnson.

Gosar, like Greene, is reportedly a Christian nationalist. In 2022 CNN reported his “lengthy ties to White nationalists, [a] pro-Nazi blogger and far-right fringe received little pushback for years.”

RELATED: ‘Repercussions’: Democrats and Republicans Stand Against ‘Pro-Putin’ House GOP Faction

“We’ve been very honest in our assessment of the situation from the beginning,” Jeffries on Friday also declared. “At the appropriate time as House Democrats, we will have a conversation about how to deal with any hypothetical motion to vacate.”

“Moscow Marjorie Taylor Greene, Massie, and Gosar are quite a group. But central to our conversation is to make sure that the national security legislation in totality is passed by the House of Representatives.”

Watch the videos above or at this link.

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.