This is part of The Associated Press’ ongoing effort to fact-check misinformation that is shared widely online, including work with Facebook to identify and reduce the circulation of false stories on the platform. “It’s not constitutional to invoke the Insurrection Act to stay in power.” “There is no secretive Insurrection Act,” Josh Krastenberg, professor of law at the University of New Mexico, said. Bush invoked the act in 1992 in response to the Los Angeles riots which occurred after a jury had acquitted four white police officers in the death of black motorist Rodney King. Vladeck said the president would have to publicly proclaim that an insurrection has occurred and that he was invoking the act. 20.ĭespite what the posts online say, the act could not be signed quietly. ![]() Soon after, the president’s supporters and conspiracy theorists began sharing posts that discussed ways that Trump could stay in power despite President-elect Joe Biden being inaugurated on Jan. 6, members of Congress began calling for the president to be impeached after he encouraged protesters to “fight like hell” against election results. “Even if somehow this happened anyway, it would not actually do what the conspiracy theorists say it would do.”Īfter the deadly insurrection at the U.S. “They have no basis in fact and it’s legally implausible,” Vladeck said in response to the posts. However, the president has made no such declaration. ![]() False posts also began circulating claiming to be from the president himself. In order for Trump to invoke the act, he would first have to first announce that those responsible for the insurrection disperse within a designated amount of time and then he could activate federal troops if there was an emergency without approval from state governors. In the past, presidents have invoked the act in response to domestic disturbances or following natural disasters to restore order and supplement civilian authorities and not supplant them, said Stephen Vladeck, constitutional law professor at the University of Texas Law School. “I told you he wasn’t done yet.”Īnother post said that because Trump had secretly invoked the act that “everything that Congress and the Senate are about to do is just theater, means nothing.” If Trump had taken that step, Giuliani reportedly told an associate, 'we would all. ![]() “The president is in control of the military,” one Facebook video said. Rudy Giuliani said if Trump had imposed martial law to stay in power, they would end up behind bars, NYT reported. Posts making the false claim about the act say that they obtained their information from government sources. Videos online that have gained tens of thousands of views are encouraging Americans to stock up on food, gasoline and prepare for a lockdown under the act. House impeached Trump for the second time Wednesday, on a charge of “incitement of insurrection” for the deadly siege on the Capitol. THE FACTS: Posts online are falsely suggesting that the president has invoked the act, which they claimed would keep him from being removed from office on Jan. If Trump were plotting to invoke the act in some effort to prevent the transition of power to Biden, hed have to declare it, as part of the provision in the act requiring essentially a public.
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