As I just posted in another (similar) thread:
At first, I was curious how President Trump could use the National Guard to temporarily “take over” the DC Police Department. But I quickly saw a post, on this Board, which pointed to a specific section of the DC Home Rule Act.
As to Chicago, obviously, that provision doesn’t apply. So I wondered what law (if any) would serve as a similar exception to the Posse Comitatus Act.
As it turns out, there is such a Congressionally passed law authorizing such an action (in support of the residents of Chicago). It is the Insurrection Act. Specifically:
One of the exceptions to the Posse Comitatus Act is when the President determines that people are being deprived of constitutional rights, and state authorities cannot or will not protect them (10 U.S.C. § 253).
One may disagree with the possible “determination” likely to be made by President Trump in the case of Chicago. That’s neither here nor there, however. The authority exists as an exception to the Posse Comitatus Act.
And crime stats there surely support such a determination.
And no, this does not mean that we are confronting the beginnings of fascism or the contention that our President “is” supposedly a “fascist.”
It means that common sense is asserting itself in the matter of working to secure the lives of the residents of Chicago.