Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Rick Perry Too Timid with the National Guard? [Texas lawyers get it wrong]
American Thinker ^ | July 26, 2014 | Jonathon Moseley

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 Holder’s Justice Department provided to Mexican criminals under the “Fast and Furious” project that the Obama Administration still won’t 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 ...


TOPICS: Foreign Affairs; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: border; mexico; nationalguard; rickperry; texas
I should point out that I believe the hack lawyers advising Governor Rick Perry in Texas are getting their law from the editorial pages of the New York Times and from the Huffington Post, rather than from the law books.

Read entire article at: http://www.americanthinker.com/2014/07/rick_perry_too_timid_with_national_guard.html

1 posted on 07/26/2014 6:54:40 AM PDT by Moseley
[ Post Reply | Private Reply | View Replies]

To: Moseley
Governor Perry Press Release

Snip
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.
end snip

2 posted on 07/26/2014 7:06:32 AM PDT by deport
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

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? Isn’t 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.


3 posted on 07/26/2014 7:11:18 AM PDT by Temujinshordes
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley

WalMart greeters


4 posted on 07/26/2014 7:17:57 AM PDT by cripplecreek (Remember the River Raisin.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Temujinshordes
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.

THIS.

5 posted on 07/26/2014 7:20:48 AM PDT by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Temujinshordes

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.


6 posted on 07/26/2014 7:21:20 AM PDT by odawg
[ Post Reply | Private Reply | To 3 | View Replies]

To: Moseley

Don’t believe a word of this. It is bs.


7 posted on 07/26/2014 7:27:36 AM PDT by buffaloguy
[ Post Reply | Private Reply | To 1 | View Replies]

To: odawg

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”.


8 posted on 07/26/2014 7:28:28 AM PDT by Nextrush (OBAMACARE IS A BAILOUT FOR THE HEALTHCARE INDUSTRY)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Moseley
Perry just lost any chance at presidency in 2016. Best to quit even trying.

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.

9 posted on 07/26/2014 7:28:55 AM PDT by Logical me
[ Post Reply | Private Reply | To 1 | View Replies]

To: Temujinshordes
You have a lot of question marks in your reply, let me add a few more.

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?

10 posted on 07/26/2014 7:33:54 AM PDT by Ben Ficklin
[ Post Reply | Private Reply | To 3 | View Replies]

To: odawg
If they're on the border just to observe, it's Rick Perry playing politics at a great financial cost to Texans. If they're keeping the hordes from entering from Mexico and returning people to their homelands it's a gutsy move and worth every cent. Am I exaggerating....no. If a governor or SOMEONE took some forceful action that their political consultants didn't fashion, it's worth every cent.

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.

11 posted on 07/26/2014 7:37:03 AM PDT by grania
[ Post Reply | Private Reply | To 6 | View Replies]

To: Moseley

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


12 posted on 07/26/2014 7:46:26 AM PDT by BlueNgold (Have we crossed the line from Govt. in righteous fear of the People - to a People in fear of Govt??)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlueNgold

... Will be. How about we wait and see what shape reality takes before we assail this action based on assumptions and ignorance.


13 posted on 07/26/2014 7:48:25 AM PDT by BlueNgold (Have we crossed the line from Govt. in righteous fear of the People - to a People in fear of Govt??)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Ben Ficklin

“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.


14 posted on 07/26/2014 8:18:18 AM PDT by vette6387
[ Post Reply | Private Reply | To 10 | View Replies]

To: Moseley

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.


15 posted on 07/26/2014 8:29:31 AM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Moseley
I should point out that I believe the hack lawyers advising Governor Rick Perry in Texas are getting their law from the editorial pages of the New York Times and from the Huffington Post, rather than from the law books.

… 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.

16 posted on 07/26/2014 8:31:43 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlueNgold

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.


17 posted on 07/26/2014 8:33:27 AM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Temujinshordes
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? Isn’t 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.

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.
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.
Indeed orders preventing it are treason by Constitutional definition.
18 posted on 07/26/2014 8:36:28 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: TADSLOS
It lacks the will

Well, the American people seem to have a lot of will in promoting illegality and socialism.

19 posted on 07/26/2014 8:41:26 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: RitaOK

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.


20 posted on 07/26/2014 8:43:05 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: RitaOK

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.


21 posted on 07/26/2014 8:56:09 AM PDT by BlueNgold (Have we crossed the line from Govt. in righteous fear of the People - to a People in fear of Govt??)
[ Post Reply | Private Reply | To 17 | View Replies]

To: odawg; BlueNgold; buffaloguy
but I think I heard Perry say that he would not alert the drug cartel to what the guard would or would not do.

YEP.

http://www.freerepublic.com/focus/news/3183691/posts?page=47#47

22 posted on 07/26/2014 9:08:33 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Moseley
We all knew this was shenanigans from the start on FR. 1000 Border greeters was
Perry's attempt to look good for 2016 and he looks like a useless fool for his
veiled attempt. Now if he goes into debate this will be his undoing, Good!

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.

23 posted on 07/26/2014 9:09:39 AM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlueNgold; mosley

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.


24 posted on 07/26/2014 9:15:26 AM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: OneWingedShark
I have, just keep posting it and pointing it out. It's important that people know and understand it.
The weak points are AZ and CA, but once their constituants see Texas taking aim, they might
follow suit. Bah, who am I kidding, Perry is a screaming pansy hooked on Pharmaceuticals.

Three Governors of Three States derelict of Duty!!!!

25 posted on 07/26/2014 9:16:27 AM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: RitaOK

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.


26 posted on 07/26/2014 9:25:47 AM PDT by BlueNgold (Have we crossed the line from Govt. in righteous fear of the People - to a People in fear of Govt??)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Moseley

Aren’t Guard troops routinely sent to disaster areas to just stand around and watch the looters loot?


27 posted on 07/26/2014 12:32:15 PM PDT by UnbelievingScumOnTheOtherSide (HELL, NO! BE UNGOVERNABLE! --- ISLAM DELENDA EST)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlueNgold

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.


28 posted on 07/26/2014 1:07:27 PM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: RitaOK
They are there to basically watch the INVASION.

Cheaper drones. Cool.

29 posted on 07/26/2014 3:29:11 PM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: BlueNgold
You say it’s not enough, but the deployment hasn’t even taken effect yet...

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.

The Typical Household, Now Worth a Third Less

30 posted on 07/26/2014 3:33:58 PM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: itsahoot

Certainly hope this changes.


31 posted on 07/26/2014 7:50:53 PM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
[ Post Reply | Private Reply | To 29 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson