Is the President Still President?

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January 6, 2021 6:29 p.m.

We’re in a bit of a fog of war situation. But the statement from the acting Secretary of Defense said he had spoken to Pence and the Republican and Democratic congressional leadership about mobilizing the National Guard. But there was no mention of having talked to the President. Now the Times is reporting that it was Pence who gave the order for the deployment. Now, I guess great that he did that. But on what basis would the Vice President give that order? The Vice President isn’t commander-in-chief. Is the President still President? Is he somehow even in the White House seen to be commanding the the insurrectionists, not functioning as President? That sounds hyperbolic. But again, what’s the legal basis here?

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