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What about the Insurrection Act? The Posse Comitatus Act and the Insurrection Act serve different functions and one doesn't supersede the other. The Posse Comitatus Act is about limiting military involvement in domestic law enforcement. The Insurrection Act, on the other hand, provides exceptions allowing the president to deploy the military in certain domestic situations, like when civil unrest goes beyond what local authorities can handle. Essentially, the Insurrection Act is like a legal bypass for the Posse Comitatus Act when situations escalate.

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In a number of instances the 2020 BLM riots far exceeded the ability of local authorities to protect citizens, businesses, and themselves.

When rioters attacked the White House, the President had to be taken to secure quarters, as there was real fear some thugs might breach WH security. More than a score of Secret Service agents were injured. Some severely.

No one invoked the Insurrection Act. In fact, members of the Democratic Party, including VP Harris, urged the rioters on.

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First of all, only POTUS can invoke the Insurrection Act. Secondly, it remains available to POTUS, regardless of whether it was used or merited in those instances. It's not a "use it or lose it" authority. As to the details of your remark, I don't recall anyone "urging rioters on". Let's not conflate protesters with rioters. Looting in some part of a city adjacent to a large protest does not justify summary execution of lawful protesters.

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