Why doesn't President Biden call up the Militia wannabes and then use military justice against them?

[FreepFryer]

Seems like nice turnabout if you ask me.

It struck me while I was reading the Oath Keepers indictment about them expecting to be called up by Trump under the Insurrection Act as a militia, and I’m wondering if/whether a legitimate president could use the Act to call them up under his command now, and then go about cleaning up their act with a military quickness to protect our democracy and constitution as it was intended - against actual insurrectionists.

Just asking

[Ocelot II]

1. Because Biden doesn't shit on the Constitution?

And no, he couldn't call up a civilian militia like TDFG wanted to do.

[leftieNanner]

2. I'd be happy with just one.

Michael Flynn.

Court Martial would be just fine.

On Edit: I misread the post. But I stand by my statement.

[doc03]

3. I suppose they could be recalled if they were retired or reservists. Why haven't they called back

Flynn and sent him to Leavenworth?

[MineralMan]

4. Because Joe Biden has some sense.

Because he's not an idiot. Because he has zero authority to do that. Because there's no rationale for doing it. Because the DOJ is all over it.

Reasons like that.

[FreepFryer]

5. Good reasons. But can a president exert useful regulatory authority over seditious "militia?"

Especially given their Second Amendment obsession.

I am actually interested in a reversal of this adherence of theirs - I don’t ask to troll.

[MineralMan]

6. No. Presidents cannot do that.

They simply can't. A President runs the Executive Branch of government. He/she is also the commander-in-chief of the official military forces. A president cannot tell any private citizen what to do, though. Presidents have no authority over individual citizens who are not in the official military or do not work in the Executive branch.

As a private citizen, you are free to give the President of the United States the finger and tell him/her to fuck off.

So, no, President Biden, himself, cannot do anything to anyone who belongs to one of those fake "militias." No authority. No standing.

[FreepFryer]

9. Understood, thanks MineralMan ! (Nt)

[Grins]

7. Speaking as a former Army officer...

We don't need the problem!!!

When I was in the courts often told defendants, "Join the military or go to jail", think the military would make men of them. In effect, he made his problem(s) our problem(s).

Not to leave out the military can't make men out of them. It brings out the men in them, but that's about it. If, at the core, they are social misfits, that ain't gonna' change.

[FreepFryer]

8. Another good point, appreciate it! (Nt)

[Angleae]

10. Because calling up the unorganized militia takes an act of congress.

Article I, Section 8

The Congress shall have Power To ...

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Also, you can't charge someone under the UCMJ for a crime committed before they were in the military.