The Overthinker's Journal

The last time a President did this, we had a Civil War

Today, President Trump signed what may be the most dangerous Executive Order in modern American history. This order is a blueprint for militarized domestic policing, dismantling oversight of police forces, and shielding agents from any accountability. This order is titled, with dripping irony, “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens.”

Let me break down the worst parts:

Sec. 2.  Legal Defense of Law Enforcement Officers.  The Attorney General shall take all appropriate action to create a mechanism to provide legal resources and indemnification to law enforcement officers who unjustly incur expenses and liabilities for actions taken during the performance of their official duties to enforce the law.  This mechanism shall include the use of private-sector pro bono assistance for such law enforcement officers.

The order directs the Attorney General to create a mechanism to legally defend officers who “unjustly” incur legal expenses. On the surface, shielding officers from unjust lawsuits sounds reasonable. But under a government that defines “unjust” however it pleases, it becomes a blank check for abuse, as you’re about to see.

Sec. 3.  Empowering State and Local Law Enforcement.  (a) The Attorney General and other appropriate heads of executive departments and agencies (agencies) shall take all appropriate action to maximize the use of Federal resources to:
(i)    provide new best practices to State and local law enforcement to aggressively police communities against all crimes;
(ii)   expand access and improve the quality of training available to State and local law enforcement;
(iii)  increase pay and benefits for law enforcement officers;
(iv)   strengthen and expand legal protections for law enforcement officers; 
(v)    seek enhanced sentences for crimes against law enforcement officers;
(vi)   promote investment in the security and capacity of prisons; and
(vii)  increase the investment in and collection, distribution, and uniformity of crime data across jurisdictions.
(b)  Within 60 days of the date of this order, the Attorney General shall review all ongoing Federal consent decrees, out-of-court agreements, and post-judgment orders to which a State or local law enforcement agency is a party and modify, rescind, or move to conclude such measures that unduly impede the performance of law enforcement functions.

I’m just going to assume that the “enhanced sentences” will not apply to January 6th rioters, since they’ve been pardoned and cleared of any wrongdoing for their actions which killed and injured US Capitol Police?

However, please focus on part B, discussing federal consent decrees. These decrees are the main tool used to reform abusive and corrupt police departments. Under this order, the decrees would be targeted for review, weakening and/or removal.

In other words, if a police department had been found guilty of systemic civil rights violations, Trump wants them to be unleashed again, free from the oversight that was legally placed upon them.

But if that’s not bad enough, lets move to section 4.

Sec. 4.  Using National Security Assets for Law and Order.  (a)  Within 90 days of the date of this order, the Attorney General and the Secretary of Defense, in consultation with the Secretary of Homeland Security and the heads of agencies as appropriate, shall increase the provision of excess military and national security assets in local jurisdictions to assist State and local law enforcement.
(b)  Within 90 days of the date of this order, the Secretary of Defense, in coordination with the Attorney General, shall determine how military and national security assets, training, non-lethal capabilities, and personnel can most effectively be utilized to prevent crime.

Within 90 days, the Attorney General and Secretary of Defense are directed to transfer military and national security assets to local police forces. Think armored vehicles, battlefield weapons, and surveillance equipment, placed directly into your community’s police arsenal. We’ve already seen how militarized policing escalates violence, not reduces it. Now Trump wants to supersize it.

Section B provides military and national security personnel to be utilized to prevent crime.

Prevent. This isn’t responding to riots or emergencies. This is preemptive policing. By the military. Against American citizens. On American soil.

This spits in the face of the Posse Comitatus Act, the post-Reconstruction law that forbids using the military for domestic policing. Trump isn’t just ignoring that firewall; he’s bulldozing it.

This is not law and order. This is flat out martial law.

Remember when Republicans claimed they wanted small government? When they argued that the government was too powerful? Turns out they only hated government when they weren’t the ones in power.

They don’t want small government. They want unaccountable government (as long as they’re the ones pointing the guns).

Let’s be clear. This Executive Order is the most openly authoritarian domestic order from a U.S. President since the outbreak of the Civil War in 1861. And just like then, it will be up to We The People to decide whether the Republic survives it.