http://www.democraticunderground.com/1002238581Oh my.
MineralMan (39,947 posts) Profile Journal Send DU Mail Ignore
What Actions Can a President Take in a State when some event happens where the local authorities are in conflict with a protest or demonstration? I'm not sure that there's really anything a President can do in such a situation that is rapidly developing and is then over. After the fact, the Justice Department can be ordered to conduct an investigation, certainly. But at the time of the actual event, the President doesn't really have a role, nor does the Federal government, as far as I can tell. The President can also speak out in such situations, but that, too, would be after the fact.
So, can anyone think of some action President Obama might have taken during last night's incidents in Oakland, CA? If so, perhaps we can discuss them.
limpyhobbler (875 posts) Profile Journal Send DU Mail Ignore
1. He could have made a speech last week about respecting the right to protest.
There's a difference between the right to "protest" and the "right" to squat.
If this'd been pro-life people occupying an abortion clinic, I suspect the primitives would be cheering on the police.
JoePhilly (10,594 posts) Profile Journal Send DU Mail Ignore
3. And it would have been called a "pretty speech".
MineralMan (39,947 posts) Profile Journal Send DU Mail Ignore
4. A general comment? Yes, he could do that, but that still would not affect the response of the local authorities. The right to peaceably assemble is guaranteed in the Constitution. I'm not sure that right extends to taking control of private property, though. I believe that refers to the public square. Property is also protected in the Constitution.
I don't believe the President can say, "Protesters should be able to enter and control private property at their will." I don't think he can say that at all. And so, he hasn't said that.
The right to petition the government by assembling is a very important one, but it does not extend to the confiscation of private property. For a President to approve of such an action would be pretty much impossible, I think.
TheWraith (21,956 posts) Profile Journal Send DU Mail Ignore
5. Which would immediately be derided here as "just pretty words!!!!11"
Not to mention that it's rather hard to stick up for "the right to protest" when the protesters are moving into the realm of trespassing.
TheWraith (21,956 posts) Profile Journal Send DU Mail Ignore
2. You're correct, the POTUS doesn't have authority over local police.
MineralMan (39,947 posts) Profile Journal Send DU Mail Ignore
6. The Justice Department does, though, if the local police interfere with the rights of citizens, as guaranteed by the Constitution. However, I'm not sure they can act pre-emptively unless there is a pattern of such behavior and after a federal court has ruled. That happened during the Civil Rights movement, giving the President authority to act to protect rights. However, that was after the courts had ruled.
The President is very limited in what he can do with regard to states and local authorities. After the fact, the Justice Department has great authority to investigate and prosecute violation of civil rights, however.
T S Justly (748 posts) Profile Journal Send DU Mail Ignore
7. Indictments could be handed down today, a Sunday ...
If we had a President.
MineralMan (39,947 posts) Profile Journal Send DU Mail Ignore
8. In Oakland, the Occupy folks announced in advance that they planned to enter and Occupy a vacant building. I remember reading that here on DU. Last night, they attempted to carry out that plan. Should the President have told Oakland to allow them to take over that building, regardless of its ownership? I'm not sure how a President could do that, frankly, since trespassing is against the law. I don't believe a President can authorize citizens to break existing laws.
And this, from not a 1%er, but at least a 5%er:
BeHereNow (15,704 posts) Profile Journal Send DU Mail Ignore
9. He could pick up a phone and ask Brown, "What in the hell is going on there?"
"Get your police under control."
