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Is It Legal for Trump to Use the Army at the Border? [the Posse Comitatus Act]
American Thinker ^ | November 4, 2018 | Jonathon A. Moseley

Posted on 11/04/2018 5:41:19 AM PST by Moseley

t is absurd to claim that our military cannot defend our borders. Yet "That is illegal!" shout internationalists who never wanted our U.S. border protected anyway. Activists proclaim that the U.S. military is crippled under an 1878 law, the Posse Comitatus Act, found at 18 U.S.C. § 1385. We can do nothing but watch helplessly, they argue, as foreigners flood across the frontiers.

The Posse Comitatus Act of 1878 prohibits the use of the military for law enforcement purposes. There is actually a lot of scholarly analysis published by legal experts in law review journals. But most political rhetoric is muddled propaganda.

So is it a 'law enforcement' function to stop invaders from another country from crossing our border? Is it a military function if citizens of a foreign country approach our border to enter illegally? Or is that a police function?

If securing our nation's borders is not a proper military role, then what is? Are foreign adventures around the world meddling in other countries' affairs (to use the rhetoric of opponents of military power) the only proper role of the military? What kind of thinking says it is okay to send the military around the other side of the planet, but not to defend our own country's borders at home?

[THIS IS AN EXCERPT -- READ MORE AT THE LINK to American Thinker]

(Excerpt) Read more at americanthinker.com ...


TOPICS: Crime/Corruption; Editorial; Foreign Affairs; Mexico; News/Current Events; US: Arizona; US: California; US: Nevada
KEYWORDS: aliens; border; caravan; guaranteeclause; illegals; invaders; military; possecomitatus
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To: Moseley

Whether accurate or not there is a report that Mattis declined Trump’s request to have the military engage directly. I wonder if he wants to wait post-election to replace Mattis, Kelly and Kelly’s puppet at DHS.


21 posted on 11/04/2018 6:10:14 AM PST by 9YearLurker
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To: FlingWingFlyer

“recreational”


22 posted on 11/04/2018 6:10:36 AM PST by FlingWingFlyer (#NotARussianBot)
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To: MamaTexan
That's it exactly. You should run for the Senate or the House in your state. Your clear thinking would cause leftist heads to pop like zits all over.
23 posted on 11/04/2018 6:14:19 AM PST by Sarcasm Factory
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To: Moseley

JTF 6 has been operating since at least the late 80s to improve roads and LOCs in the border area. Worked on road building in the mid 90s at a Horizontal Platoon Leader. Tortoises ruled the right of way, along with a flower.... Made many adjustments to the route due to those endangered species. Lots of OPs and border improvements done via JTF6.


24 posted on 11/04/2018 6:15:32 AM PST by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War")
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To: Moseley

The primary purpose of government is to provide for the common defense.
What am I missing?


25 posted on 11/04/2018 6:15:57 AM PST by Ouchthatonehurt
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To: Sarcasm Factory

You’re very kind, thank you!. :-)


26 posted on 11/04/2018 6:17:18 AM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: Moseley

Then have the border patrol deputize the troops and problem solved.


27 posted on 11/04/2018 6:17:23 AM PST by LukeL
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To: Moseley

Can the military assist by being in support roles rather than in direct roles.
Things such as providing containment of those arrested, feeding them,
housing, etc aren’t direct roles of policing.


28 posted on 11/04/2018 6:18:09 AM PST by deport
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To: Moseley

It is an armed invasion, so yes.

Report: Some In New Migrant Caravan Heading To US Have Weapons, Guns, Molotov Cocktails
https://dailycaller.com/2018/10/31/new-migrant-caravan-weapons-guns-molotov-report/


29 posted on 11/04/2018 6:22:33 AM PST by tbw2
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To: crz
“The Posse Comitatus Act of 1878 prohibits the use of the military for law enforcement purposes.”

But what the media neglect to say is the Act says

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Protecting against invasion is expressly authorized under the Constitution.

30 posted on 11/04/2018 6:24:40 AM PST by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: Moseley
the PCA was about the Army acting against US CITIZENS on US soil, NOT against foreign INVADERS
31 posted on 11/04/2018 6:25:57 AM PST by Chode ( WeÂ’re America, Bitch!)
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To: Moseley

It’s not just legal but it’s a constitutional obligation. The feds would be derelict not to protect the international border.


32 posted on 11/04/2018 6:27:08 AM PST by Spok
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To: Moseley

Is it legal for caravans of Illegals to crash across our
Borders? NO.

Will the American People fight against forceful take over of their nation by Illegals? YES!

Will the Civilians adhere to any rules of engagement when it comes to survival of their Country and well being? NO.

Will the Civilians of the US take the time to fool around taking Illegal prisoners? NO.

Will the American people defend their home land against all
foreign invaders.....YES!


33 posted on 11/04/2018 6:31:00 AM PST by EnglishOnly (Fight all out to win OR get out now. .)
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To: Moseley

That is why it is called the Department of DaFence.... geeez


34 posted on 11/04/2018 6:32:01 AM PST by Cold War Veteran - Submarines
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To: Evil Slayer

It’s totally ridiculous that this question is even asked.


35 posted on 11/04/2018 6:32:32 AM PST by Howie66 ("...Against All Enemies, Foreign and Democrat.....")
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To: Moseley

So this 1878 law stopped US Army Gen. Pershing from invading Mexico in pursuit of Pancho Villa. What? It didn’t?


36 posted on 11/04/2018 6:33:36 AM PST by Chewbarkah
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To: Moseley

Yes. He’s deploying it internally in defense against an external threat. It is perfectly legal to use the military in a defensive capacity. Posse comitatus only applies to the use of the military against American citizens on American soil.


37 posted on 11/04/2018 6:41:16 AM PST by IronJack
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To: UCANSEE2
"It is as legal as using the US NAVY to patrol US Territorial Waters."

Actually, I believe that this is tasked to the US Coast Guard, not the Navy.

38 posted on 11/04/2018 6:41:43 AM PST by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: Moseley

Yes! The military’s purpose IS to defend the border from invasion.


39 posted on 11/04/2018 6:43:57 AM PST by GingisK
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To: Moseley

Behold “Gaza” on our Southern Border bought and paid for by Soros, Marxist Liberals, et al. Is this what anyone wants here?

Comments from a friend who sent me the link.

“AS THE LEFTIES TELL US...THERE IS ABSOLUTELY NO THREAT TO US FROM THESE CARAVANEROS....THEY’RE JUST MOSTLY WOMEN AND CHILDREN COMING TO SETTLE HERE AND IMPROVE OUR COUNTRY WHICH SORELY NEEDS THEIR IMPROVEMENT (my add) and Marxist votes.”

This video needs to go viral to your friends and family before Tuesday!

https://www.facebook.com/CBSEveningNews/videos/253663981963291/


40 posted on 11/04/2018 6:46:59 AM PST by ExTexasRedhead
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