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    00:00:00
    the coronavirus is one of the biggest
    00:00:02
    threats to u.s. national security with
    00:00:04
    the number of cases in the u.s. growing
    00:00:06
    larger than China or Italy the
    00:00:08
    government is taking drastic measures to
    00:00:10
    fight the disease I want to assure the
    00:00:13
    American people that we're doing
    00:00:14
    everything we can each day to confront
    00:00:16
    and ultimately defeat this horrible
    00:00:19
    invisible enemy we're at war in a true
    00:00:22
    sense we're at war President Trump
    00:00:24
    activated the National Guard in
    00:00:26
    California New York and Washington to
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    help combat the spread of the virus and
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    I want to thank our national guard now
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    you did such a good job that I'm asking
    00:00:36
    for four more from the president the
    00:00:40
    administration emphasized that
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    activating the National Guard is not an
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    indication of a plan to move toward
    00:00:46
    martial law martial law is a very
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    specific state of affairs and the very
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    dire state of affairs where the military
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    has taken over all the functions of
    00:00:55
    civil government people's rights should
    00:01:02
    be protected alongside their health and
    00:01:05
    safety
    00:01:06
    some fear coronavirus may be used as an
    00:01:08
    excuse to limit civil liberties in
    00:01:11
    America others say the declaration of
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    martial law would be ineffective in
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    combating the disease and an abuse of
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    power so how likely is it that martial
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    law will be declared in the u.s. in
    00:01:23
    response to the corona virus outbreak
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    martial law is commonly understood as
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    when the military and not the judicial
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    system acts as the supreme power and
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    armed forces control all aspects of
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    government martial law is a very extreme
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    measure very unusual measure which is
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    essentially the replacement of civilian
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    government by military when you bring
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    the military out into a situation of
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    martial law well you're ultimately
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    saying is we're no longer going to be
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    patient with people's civil rights we're
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    no longer going to be patient with
    00:01:59
    people's needs and excuses for why they
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    may have to do something that the
    00:02:03
    military doesn't want them to do the
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    military is ultimately designed to
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    impose bill by force that's that's what
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    the military is therefore
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    martial law occurs only in dire
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    circumstances where either the local
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    government is no longer able to control
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    a situation or in instances of attacks
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    our system is structured to safeguard
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    the separation between civilian and
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    military government that is codified in
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    something called the Posse Comitatus Act
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    which explicitly prohibits the use of
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    federal military forces to execute while
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    martial law is distinct from the
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    suspension of habeas corpus the two may
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    happen in tandem when martial law forces
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    courts to close habeas corpus is Latin
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    for that you have the body a writ of
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    habeas corpus means that a prisoner or
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    other detainee must be brought before
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    the court to determine if the person's
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    imprisonment or detention is lawful the
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    strict form of martial law that the
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    Supreme Court has required in order to
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    suspend habeas corpus has only come when
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    the courts in fact are closed and if the
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    courts are open then you don't have
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    essentially martial law proper and
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    therefore you still have the right to
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    habeas corpus to go to those open courts
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    and say I'm being held unlawfully I mean
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    being held without charge etcetera
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    suspension of habeas corpus which is
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    extreme and and this historic abuse is
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    really not what is happening now and our
    00:03:35
    Constitution safeguards against that if
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    there were any incredibly unlikely abuse
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    of that kind of power there would be
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    challenges following the over 3-year use
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    of martial law in Hawaii the Supreme
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    Court's 1946 decision upheld a Civil War
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    case that declared martial law is only
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    constitutional when an emergency forces
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    courts to close you can suspend habeas
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    corpus under the Constitution in
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    situations of insurrection and incy or
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    invasion and so in situations of
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    insurrection or invasion it often is the
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    case the courts won't be open the police
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    won't be able to do their jobs trash
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    hole won't be able to be picked up in
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    the ordinary way so martial law might be
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    necessary and if martial law is
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    necessary it may very well be that
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    habeas corpus gets this
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    while enforcing a quarantine or social
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    distancing orders during the corona
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    virus outbreak may feel like an
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    infringement on civil liberties it does
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    not negate the presence of a judicial
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    system and therefore does not suspend
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    habeas corpus the social distancing
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    that's being imposed in in places like
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    New York City and around the country
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    right now would be much stricter and
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    there your ability to violate those
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    kinds of turkeys would probably be much
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    more curtailed if they were being
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    enforced by soldiers in fact advances in
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    technology like video chat allow courts
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    to stay open during isolation and
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    Quarantine a judge could sit across from
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    them just like you and I are sitting
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    right now and actually hear that case
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    and so there may not actually be a
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    legitimate reason to suspend habeas
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    corpus and I'll give you one example of
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    how that's actually played out in
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    practice detainees in Guantanamo have
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    habeas corpus here
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    they haven't been using this kind of
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    video teleconference that we're all now
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    growing accustomed to for about the past
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    15 years I think advances in technology
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    probably make the need to suspend habeas
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    corpus far less than it ever was when
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    you literally had to go out and
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    literally carry the body into a
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    courtroom that was open but it also made
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    challenge the basic rules the courts
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    have laid out in habeas corpus cases to
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    understanding when were in martial law
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    and when martial law is actually truly
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    justified at the federal level the power
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    of the President to essentially declare
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    martial law in parts of the country has
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    traditionally only been authorized or
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    approved by the courts where the state
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    government is unwilling or unable to
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    essentially enforce federal law people
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    often talk about activating the National
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    Guard as assigned martial law may be
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    declared activating the National Guard
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    does not mean that martial law is being
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    enforced it does mean that the local or
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    state government may need extra
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    assistance from the federal government
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    Division of the National Guard is not
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    inherently martial law in fact what the
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    law permits is the use of state National
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    Guard's under civilian control which is
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    the governor's in order to carry
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    emergency humanitarian assistance
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    functions as of early April 20 2013 air
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    and Army National Guard members have
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    been supporting coronavirus response
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    efforts at the direction of their
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    governor's they have helped build an
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    outfit nearly a hundred and 50 alternate
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    care facilities providing 83 thousand
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    extra beds the state government runs
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    most of the day-to-day functions of the
    00:07:02
    government it's called the police powers
    00:07:04
    so even quarantines within a state are
    00:07:07
    entirely done by the state the federal
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    government by law only has the authority
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    to use federal power to enforce
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    quarantines between states are at orders
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    the National Guard is a unique body that
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    reports to the governor of a state but
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    may also be called upon for federal
    00:07:23
    responsibilities National Guard units
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    can operate especially under one of
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    three different kinds of statuses so the
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    first would be state active duty which
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    is largely what's happening now the
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    oversight and the command and control
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    authority rests with the civilian
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    governor there's also something called
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    Title 32 Duty I'm simplifying when I say
    00:07:51
    that the National Guard troops may be
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    deployed in the service of the United
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    States they can be federally paid for
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    but they remain under the control of
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    each state civilian governor and then
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    there's something which is more rare
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    which is title 10 duty when the National
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    Guard is deployed by the president for a
    00:08:16
    federal purpose the National Guard is
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    often called upon in times of natural
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    disasters civil unrest domestic
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    emergencies and more in situations where
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    the president feels that the governor is
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    failing to comply with federal law or is
    00:08:31
    in some way another resisting under law
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    the president can take over the National
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    Guard unilaterally and use it to carry
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    out and protect federal law so in this
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    pandemic if state civilian agencies and
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    resources
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    are overwhelmed and unable to avert
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    disaster mission guard personnel may
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    provide supporting humanitarian
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    assistance requested by states governors
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    under civilian leadership and oversight
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    the National Guard's role in providing
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    this humanitarian assistance should be
    00:09:08
    transparent it should be time limited it
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    should be subject to civil rights
    00:09:13
    safeguards and accountability and public
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    oversight the National Guard Bureau told
    00:09:20
    CNBC the response is neighbors helping
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    neighbors the National Guard will
    00:09:24
    conduct these missions in a professional
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    and friendly manner I think people
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    should be careful about throwing around
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    the idea and concept of martial law both
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    because I think it unnecessarily scares
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    people but it also unnecessarily
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    normalized as an idea that we don't want
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    to normalize if we treat every use of
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    the military particularly the National
    00:09:45
    Guard as encroaching martial law then if
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    you're lowering the threshold for what
    00:09:51
    martial law means
    00:09:52
    martial law has been enacted a few times
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    throughout US history most significantly
    00:09:57
    during the Civil War and following the
    00:09:59
    attack on Pearl Harbor during World War
    00:10:01
    two but people point to Hawaii because
    00:10:04
    that is the classic example of
    00:10:06
    replacement of civilian government by
    00:10:09
    military government tourists I was 11
    00:10:11
    years old when Pearl Harbor was attacked
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    she lived under martial law in Hawaii so
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    I was on the third floor and all of a
    00:10:19
    sudden I was missed huh Uncas blasts
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    like a bomb going off and I said what is
    00:10:26
    that door jumped up and looked out the
    00:10:28
    window and took Dartmouth or I could see
    00:10:31
    Pearl Harbor but there was no Pearl
    00:10:34
    Harbor it was only black folks that's
    00:10:37
    all I saw
    00:10:38
    it was a total complete capable and the
    00:10:41
    worst thing I think about all of the
    00:10:43
    regulations that we had to file place to
    00:10:46
    drop out all windows had to be painted
    00:10:50
    black in case you were caught leaving a light
    00:10:53
    on or whatever you benefited in some
    00:10:56
    sort of a military tribunal and the
    00:10:59
    Tribunal's who are very hard
    00:11:01
    courts had to shut down all regulations
    00:11:05
    everything all broken yet to the
    00:11:08
    military parts you couldn't have an
    00:11:10
    attorney annually this fine sent to
    00:11:13
    prison for the rest of the war of hard
    00:11:16
    labor all your blood we know this from
    00:11:20
    history that the government is prone to
    00:11:23
    committing abuses in times of crisis and
    00:11:27
    we must ensure that broad claims of
    00:11:30
    power are not misused beyond legitimate
    00:11:34
    needs and we're watching closely to make
    00:11:37
    sure that that doesn't happen the u.s.
    00:11:40
    can look to the international community
    00:11:42
    for how successful martial law may be in
    00:11:45
    combating the virus one can think of the
    00:11:48
    People's Republic of China the use of
    00:11:50
    very stringent measures primarily
    00:11:51
    quarantine and social aggressive social
    00:11:54
    distancing measures but also aggressive
    00:11:56
    testing and and even isolation of people
    00:11:58
    who show symptoms it seems to have
    00:11:59
    proven to be effective the National
    00:12:01
    Guard Bureau said there has been no
    00:12:03
    discussion about using the National
    00:12:05
    Guard to enforce a nationwide quarantine
    00:12:08
    and that the National Guard remains
    00:12:09
    under the control of state governors I
    00:12:12
    don't think we're anywhere close to
    00:12:14
    martial law you know the society has not
    00:12:16
    broken down to the point where the
    00:12:18
    military is necessary in order to keep
    00:12:20
    society running but I think we should
    00:12:22
    all should be very concerned about
    00:12:23
    whether or not our civil government if
    00:12:25
    we're that we're funding it enough that
    00:12:27
    we're giving it the resources and
    00:12:29
    requiring the people who are running our
    00:12:31
    government to be competent enough to
    00:12:32
    actually carry on the government the
    00:12:34
    functions of government without having
    00:12:36
    to resort to the military I understand
    00:12:39
    ears and anxieties are high but martial
    00:12:42
    law is essentially the replacement of
    00:12:46
    civilian government by military
    00:12:49
    government that is anathema to American
    00:12:54
    democracy it is also not what is
    00:12:58
    happening

    Description:

    Martial law is essentially the replacement of civilian government by the military. Some fear coronavirus may be used as an excuse to limit civil liberties in America. Others say the declaration of martial law would be ineffective in combating the disease and an abuse of power. » Subscribe to CNBC: https://www.youtube.com/user/cnbc?sub_confirmation=1 » Subscribe to CNBC TV: https://www.youtube.com/cnbctelevision?sub_confirmation=1 » Subscribe to CNBC Classic: https://www.youtube.com/cnbcclassic?sub_confirmation=1 About CNBC: From 'Wall Street' to 'Main Street' to award winning original documentaries and Reality TV series, CNBC has you covered. Experience special sneak peeks of your favorite shows, exclusive video and more. Connect with CNBC News Online Get the latest news: https://www.cnbc.com/ Follow CNBC on LinkedIn: https://www.linkedin.com/company/cnbc Follow CNBC News on Facebook: https://www.facebook.com/unsupportedbrowser Follow CNBC News on Twitter: https://cnb.cx/FollowCNBC Follow CNBC News on Instagram: https://www.facebook.com/unsupportedbrowser #CNBC Why Coronavirus Is Unlikely To Lead To Martial Law In The U.S.

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