FOLLOW US

Opinion December 2, 2020 3 mins read

Flynn Calls For Martial Law To Redo Election, Is It Legal?

Opinion ı By Carmine Sabia

0 Comments

Search for illegal weapons in Baghdad

We are now at the martial law stage of 2020.

Retired Gen. Michael Flynn, who was pardoned last week by President Donald Trump, retweeted a call for the president to declare a limited form of martial law in order to redo the 2020 presidential election in which he said “Freedom never kneels except for God.”

The call came from a group that calls itself the “We The People Convention” and its president Tom Zawistowski, who says the group is affiliated with the tea party.

https://twitter.com/GenFlynn/status/1333916403389370369?s=20

"We wanted to express our concerns to the President, to the legislators, courts and Congress that We the People will NOT cede our exclusive Constitutional right to elect our Representatives to judges, lawyers, courts, Governors, Secretary’s of State, Congress, corrupt election officials and local politicians, the corrupt media - or Leftist threats of violence! It is OUR EXCLUSIVE RIGHT to elect our President and that sacred right has been infringed by the massive, planned, illegal election fraud conducted by corrupt Democrat/Socialist Party operatives across our nation to steal our vote. We will NOT stand for it,” he said.

It is important to note that, while widespread claims of fraud in the 2020 presidential election have been made none have yet to be proven.

The group cited the suspension of Habeas Corpus by former President Abraham Lincoln as an example of the president’s authority.

“On June 12, 1863, Lincoln defended his extreme measures in a letter published in the New York Times. Citing Article I of the Constitution he argued: ‘Ours is a case of rebellion…in fact, a clear, flagrant, and gigantic case of rebellion; and the provision of the Constitution that ‘the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it’, is the provision which specifically applies to our present case,’” it said.

Declaring martial law is not as cut and dry as some may think. The Constitution is noticeably silent on the issue.

As well-known attorney Alan Dershowitz said in a piece he published in The Hill in June, the closest the Constitution comes to talking about martial law is in a prohibition of suspending the writ of habeas corpus “unless when in cases of rebellion or invasion the public safety may require it.”

Dershowitz said that the courts would get the last word in any case of martial law declared by the president.

Dershowitz was writing in relation to declaring martial law to get the protests that were raging nationwide under control, but the gist remains the same. The president would face a mountain of judicial challenges if he attempted to declare martial law.

And while this may seem like an attractive option for those who believe the election was stolen, the precedent set by it and the long terms effects could be devastating to the nation.

What then would stop a Democrat president from declaring martial law, which would suspend the Constitution, to combat climate change or seize weapons for safety after a series of mass shootings?

The legal challenges to the election are not over and the president’s attorneys are continuing to make the case to state legislatures. Martial law would be the nuclear option and it should never come to that.

----------------------------------------

Have a story you want USA Herald to cover? Submit a tip here and if we think it's newsworthy, we'll follow up on it.

Want to contribute a story? We also accept article submissions – check out our writer's guidelines here.

Previous Article

DOJ Strikes Back At Media, Election Investigations Not Over

Read More
123 Posts

Carmine Sabia

Carmine Sabia Jr started his own professional wrestling business at age 18 and went on to become a real estate investor. Currently he is a pundit who covers political news and current events.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 29, 2026 Tennessee Killer Escapes; Police Cite Five-Hour Alert Delay By – Michallie K Harrison
America October 29, 2026 Brewers Beat Rays to Win First World Series Title By – Michallie K Harrison
America October 29, 2026 DHS Data Leak Exposes 41,000 Workers and Sensitive ICE Operations By – Michallie K Harrison
America October 28, 2026
Flight Attendant $25K Sweepstakes Scam: American…

An American Airlines flight attendant is facing multiple felony charges…

By – Rachel Moore
America October 28, 2026
Wagmor Puppy Laundering Allegations Target Celebrity-Favored…

A dog rescue organization embraced by celebrities including Ellen DeGeneres,…

By – Rachel Moore
America October 28, 2026
NLRB Memphis Subregional Office Closure Shifts…

The National Labor Relations Board is closing its Memphis subregional…

By – Rachel Moore
America October 28, 2026
Reported FEC Cyberattack Disrupts Filings Before…

WASHINGTON — A reported cyberattack forced the Federal Election Commission…

By – Michallie K Harrison
America October 28, 2026
Spain Train Crash Kills at Least…

At least 68 people were killed Wednesday when a Spanish…

By – Rachel Moore
America October 28, 2026
Miyoko Plant Butter Recall Sparks Food…

A plant-based butter product distributed across 10 states is being…

By – Rachel Moore
America October 28, 2026
Pentagon Ketamine Contract: $41M Deal Under…

WASHINGTON — The Pentagon has awarded a Singapore-based pharmaceutical company…

By – Michallie K Harrison
America October 28, 2026
Flávio Bolsonaro in Florida: Visa Approved,…

MIAMI — Brazilian Sen. Flávio Bolsonaro arrived in Florida on…

By – Michallie K Harrison
America October 28, 2026
CDC Warns Drug-Resistant Germs Threaten Modern…

WASHINGTON — Drug-resistant germs are causing millions of infections and…

By – Michallie K Harrison
America October 27, 2026
Walmart Great Value Fruit Cocktail Recall…

A canned fruit product sold at Walmart is under recall…

By – Rachel Moore
America October 27, 2026
Ted Bundy New Murder Case: DNA…

More than five decades after a Utah teenager was found…

By – Rachel Moore
America October 27, 2026
AT&T Settlement Payments: When Customers Could…

Millions of AT&T customers affected by two major data breaches…

By – Rachel Moore
America October 27, 2026
Susan Saint James, Emmy-Winning Star of…

Susan Saint James, the Emmy-winning actress whose spirited performances in…

By – Jackie Allen
America October 27, 2026
Trump and Nicki Minaj Make a…

OPINION | Trump and Nicki Minaj turned a Michigan campaign…

By – Michallie K Harrison
America October 27, 2026
FAMU Shooting: Boy, 15, Faces 11…

TALLAHASSEE, Fla. — A 15-year-old boy faces 11 attempted murder…

By – Michallie K Harrison
America October 27, 2026
New Trump Rape Allegation Detailed in…

WASHINGTON — A new rape allegation against President Donald Trump…

By – Michallie K Harrison
America October 27, 2026
Ariel School UFO: 62 Children and…

The Ariel School UFO case began with children returning from…

By – Michallie K Harrison
America October 26, 2026
Thomas Markle: Investigation Continues as Meghan’s Estranged…

CEBU, Philippines — Thomas Markle, the retired Hollywood lighting director…

By – Jackie Allen
America October 27, 2026
USAA Auto Insurance Rates Drop 7%…

Nearly half a million Florida drivers insured through USAA are…

By – Tyler Brooks
America October 27, 2026
Guidewire to Buy Hyperexponential in $2.1…

Insurance technology provider Guidewire is making a major move into…

By – Tyler Brooks
America October 27, 2026
Savannah Chrisley Announces Pregnancy and Engagement:…

Reality TV star Savannah Chrisley is preparing for a new…

By – Tyler Brooks
America October 27, 2026
Susan Saint James Dies at 80:…

Susan Saint James, the Emmy-winning actress celebrated for her roles…

By – Tyler Brooks
America October 26, 2026
European Protests Spread Across Major Cities…

MILAN, Italy — European Protests over rising living costs, housing…

By – Jackie Allen
America October 26, 2026
Gas Hits $4.28 a Gallon as…

WASHINGTON, D.C. — Eight days before Americans vote in the…

By – Derek Johnson
America October 25, 2026
Christina Applegate Reveals Multiple Sclerosis Misdiagnosis,…

LOS ANGELES — Christina Applegate, the Emmy-winning actor known for…

By – Jackie Allen
America October 23, 2026
Humana and UnitedHealthcare Cancel Medicare Advantage…

Nearly 1 million Americans are facing a shake-up in their…

By – Tyler Brooks
America October 22, 2026
Pope Leo XIV Needs No Further…

VATICAN CITY — Pope Leo XIV will not require additional…

By – Jackie Allen
America October 21, 2026
News Overload Can Fuel Anxiety and…

News keeps people informed about wars, political conflict, public safety…

By – Jackie Allen
America October 21, 2026
Children’s Mercy Insurance Coverage Changes: Kansas…

Children’s Mercy Hospital in Kansas City will no longer participate…

By – Rachel Moore
America October 21, 2026
Texas Trans Texts Spark Election Propaganda…

News Analysis | Texas voters began casting early ballots Monday,…

By – Michallie K Harrison
America October 23, 2026
Connor Hellebuyck Traded to New Jersey…

The New Jersey Devils have made a major move to…

By – Tyler Brooks
America October 19, 2026
Information Ecosystem: Five Tools to Detect…

The information ecosystem is increasingly vulnerable to misinformation. There are…

By – Jackie Allen
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie K Harrison
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter