Skip to comments.Rick Perry Too Timid with the National Guard? [Texas lawyers get it wrong]
Posted on 07/26/2014 6:54:40 AM PDT by Moseley
The American people cheered starved for any crumb of leadership and faithfulness to constitutional duties at the news of Governor Rick Perry calling out the Texas National Guard to patrol the Texas-Mexican border. Then, within the hour, Texas officials conceded that the inadequate contingent of 1,000 guardsmen will not actually do anything but stand around.
Texas officials now admit that the 1,000 guardsmen will simply be a visual deterrent for appearances only. The Texas government argues that the Texas National Guard will not have authority to arrest anyone under the Posse Comitatus law. But that is absurd.
Mexican criminal gangs have been firing 50-caliber machine guns across the border at U.S. border patrol agents on the Texas side of the border as recently as Friday, July 18, as reported Congressman Louie Gohmert (R-TX) on Fox News and confirmed by Border Patrol sources.
No civilian armor can protect against fearsome 50-caliber bullets. Agents were sent scrambling behind natural barriers in the terrain, as 50-caliber bullets ricocheted all around them. These extremely powerful military-grade weapons make a distinctive sound, explained Border Patrol agents who took fire. These may well be the same 50-caliber machine guns that Eric Holders Justice Department provided to Mexican criminals under the Fast and Furious project that the Obama Administration still wont tell us about.
Yet Rick Perry will send the National Guard simply to stand around and look good, and maybe call the Border Patrol if they see anything. Governor Perry will treat trained soldiers as little more than a neighborhood watch or a fashion show for admirers of men in uniform.
(Excerpt) Read more at americanthinker.com ...
Read entire article at: http://www.americanthinker.com/2014/07/rick_perry_too_timid_with_national_guard.html
Gov. Rick Perry today directed Texas Adjutant General John Nichols to immediately begin
preparations for the deployment of up to 1,000 National Guard troops to the border.
These troops will support the Texas Department of Public Safety's (DPS) ongoing law
enforcement surge, Operation Strong Safety, which is focused on combatting criminal
activity in the region resulting from the federal government's failure to adequately
secure the border.
I have been apprising anyone who will listen: DO NOT put military on the border UNLESS they have very finite direction as to what their mission and the ROE are to be. Are they to shoot illegals? Apprehend them? Body block them? Put them on a bus? Isnt that what is already happening? Sounds like a set up for courts martial.
It is not that our country lacks the means to secure the border. It lacks the will. Do not put soldiers in that no-win predicament.
I’ve only had one cup of coffee, but I think I heard Perry say that he would not alert the drug cartel to what the guard would or would not do. But it would indeed be criminal if the guard only went there to observe.
Don’t believe a word of this. It is bs.
The hard truth is that we are dealing with political symbolism in an election year from a Republican Party that will ultimately push through its own version of “comprehensive immigration reform”.
This is an example of a real ars that really doesn't get it. Guard should be patrolling the border with loaded weapons. Orders are to shoot back if shot at. If this is an example of what is left to America, we are really finished.
If illegal entry is a misdemeanor, punishable by fines, and/or jail time, and deportation, how severe or lax should your intervention be?
If illegal re-entry is a felony, punishable by fines and/or jail time, and deportation, how severe or lax should your intervention be?
If visa overstay is a civil infraction, punishable by fines/jail time, and deportation, should there not be more effort put forth to apprehend these illegals?
What about the illegals already in? If there are 1,650,000 illegals in Texas and that is 6.7% of the population, and 1,100,000 illegals in the Texas workforce which is 9% of the total Texas workforce, what are you going to do about them? Would you send the National Guard into west Dallas?
I would tell Governor Perry and all of the other govs that these troops are called NATIONAL GUARD for a reason. And governors have the authority to call them up for that reason. Governors have been as useless as the DC crowd in this crisis.
This article was clearly written by someone with limited understanding of PC and how it applies. These Texas guardsmen are not on T10 orders.
The whole premise of the article is flawed. The flaw stems from a lack of knowledge, and assumptions and inferences about what they think the orders
... Will be. How about we wait and see what shape reality takes before we assail this action based on assumptions and ignorance.
“Would you send the National Guard into west Dallas? “
Yews, I would, but Perry hasn’t got to the balls to do it! Perry needs to get off the stage and see if Gregg Abbott is any better at real leadership.
I’m a major supporter of posse commatatus but I don’t think its a violation if the National Guard are right at the border interdicting illegals and fighting the cartels. I’m not talking about the border stations 45 miles inland which are ridiculous anyway. I’m talking patrolling these remote areas and crossing points along the Rio Grande where they swim across every day and night.
… has no-one read the TX Constitution on this matter?
TX Constitution, Art 4, Sec. 7. COMMANDER-IN-CHIEF OF MILITARY FORCES; CALLING FORTH MILITIA.
He shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.
The Guard are plainly not there to act as border patrol, or DPS. Rick said so.
The Guard are acting only as observers. Rick said so.
The Guard are there to “show a presence”. Rick said so.
This means they are authorized to wear a uniform, to be assigned a rock to stand on, and as necessary the Guardsmen are allowed to point, and to say, “Look over there.”
Rick said as much.
There are questions whether they are even armed, or armed with rubber bullets. They may not arrest, or detain. They are there to basically watch the INVASION.
By definition, no order to kill invaders can be illegal because the highest law of the land, the Constitution, says the following:
Art 4, Section. 4.Indeed orders preventing it are treason by Constitutional definition.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
Well, the American people seem to have a lot of will in promoting illegality and socialism.
Sounds like the people of TX aren’t getting our money’s worth from Rick. I hope Abbott can be a forceful candidate, or he could go under on November 4 with the other invaders.
The reason they are not CBP is they are in a state status, not federal.
However, they are working with DPS directly... Rick said so.
Air support to DPS is part of the plan.
The focus is criminal elements.
Why do you want them tipping their hand about arms status and RUF?
You say it’s not enough, but the deployment hasn’t even taken effect yet...
And back to my original comment, the author of this article exhibits such limited knowledge about the guard and PC that’s it makes the entire premise, and therefore the entire article, ridiculous.
Also note... Rick said... he formally requested from the president, months ago, that guardsmen in a federal status (not this crew, they are state) be granted powers of detention and arrest. The president, of course, declined.
Why is... let’s wait and see... such a horrible idea?
It’s not what I would do, but I am in favor of steps in the right direction, and willing to see how reality plays out before I cast judgement.
The GOPe fraud is about to climax and send the GOPe election financing into the gutter.
Those who did give money outside of the Corporations will now give directly to the candidate
of their choice, taking out the middleman in the process. Double Good!
Hey GOPe, you suck. And you better start kissing up to the Conservatives and
taking back the Constitutional approach to governing or you'll all be left
out in the cold. We also blame you for what's happening in America right along with the RATs.
So, you are agreeing that for the TIME BEING the National Guard may wear a uniform, be assigned a perch (on the ground or in the air), and to point.
They may, as necessary, say the following; “Look over there”, to the BP or DPS. (This, as they are allowed to watch the INVASION.)
And, now you say they are not deployed fully?
I would say the writer is spot on.
Three Governors of Three States derelict of Duty!!!!
The “so you world agree” oxford debate silliness doesn’t fly. Putting words in my mouth (on my screen?) Isn’t helpful.
The fact they are not fully deployed yet is public record... not something I simply say.
And I have never called this the perfect solution, or even my preferred solution.
What I did say was the original article was rife with lack of actual knowledge on the PC laws and how they apply in this case. So badly so that it makes the entire article, and therefore it’s conclusions, ridiculous.
I also actually promoted a wait and see attitude. Let’s see the results before we declare this a bad idea.
Even if it’s only a baby step... a baby step in the right direction is better than waiting for a federal executive enforcement of the laws as written... because we all know that won’t happen for at least 2.5 treats, if even then.
Aren’t Guard troops routinely sent to disaster areas to just stand around and watch the looters loot?
So you would agree this is Rick Perry in baby steps par excellance.
The Guardsmen are not fully deployed, but assigned to their uniform and a perch, from which they may point and say to the DPS and BP, “They went thatta way!”.
Come ON. This hardly matches the bravado Perry delivered, who left us with an inference of martialing a force with some muscle and authority, capable of taking charge.
I said a couple of days ago it would work just about as well if Perry had just stuffed 1200 scarecrows, hung a uniform on them and planted them in the dirt at the river, like they did in the movie, The Patriot.
Call us when Perry gets serious, please. The dang clock is running out now.
Cheaper drones. Cool.
Estimated 30 to 45 days to deploy per the TNG Commander, by then Obarko should have his refuge airline in full swing so they can wave as they fly over the Texas border.
Pure politics with absolutely no effect other than separating taxpayers from their money.
Certainly hope this changes.