Is It Legal for Trump to Use the Army at the Border? [the Posse Comitatus Act]

American Thinker ^ | November 4, 2018 | Jonathon A. Moseley

[Moseley]

Even as thousands of opportunists are marching from Central America towards the U.S. - Mexican border -- proudly waving the flags of the nations they claim are persecuting them -- President Donald Trump has ordered 5,200 additional troops to block them. Trump has told tough-as-nails General "Mad Dog" Mattis to keep the invaders out of our country. (The deployment is called Operation Faithful Patriot.) If one group of thousands make it across, then – just as happened in Europe -- those thousands will turn into floods of tens of thousands, then hundreds of thousands crossing our frontiers.

New regulations can clarify that protecting the border does not count as "law enforcement." Secretary of Defense Jim Mattis, Secretary of Homeland Security Kirstjen Nielsen, and Attorney General Jeff Sessions can order "rule making" to explain the meaning of the law. New regulations should further clarify that the prohibition of the Posse Comitatus Act is limited to law enforcement on domestic U.S. soil.

[Evil Slayer]

Is It Legal for Trump to Use the Army at the Border?

YES!!!!

[UCANSEE2]

It is as legal as using the US NAVY to patrol US Territorial Waters.

[DownInFlames]

Yep. He swore an oath to protect the US from all enemies, foreign and domestic.

[yldstrk]

Posse comitados says no use of military to do local law enforcement. Protecting borders is an entirely appropriate use of military.

[CIB-173RDABN]

Only someone not familiar with American History would ask such a question.

[wastoute]

If not then we should demand our $760 Billion back.

[seowulf]

Of course!

It is only legal to use the military in foreign wars of adventure to protect Saudi interests. /s

[Mouton]

I guess in 1812 we would have had to call on the Sheriffs to stop the Brits if this law was in effect then. Regardless, protecting the borders is a constitutional mandate not constricted by any legislative acts.

[KittenClaws]

Protecting borders is an entirely appropriate use of military.

---

Protecting the Borders of the United States Is THE appropriate use of military.

[Nextrush]

The “troops” are support units from the 82nd Airborne as I understand it.

Some MP’s but all support troops, not combat ones.

Engineers, medical, aviation to fly and give eyes to the Border Patrol.

[crz]

“The Posse Comitatus Act of 1878 prohibits the use of the military for law enforcement purposes.”

Correct. But, the issue they forget to mention here is that this is is INTERNATIONAL AND INTERSTATE in scope, and hence it is the sole responsibility of the US Federal Government to address. The POTUS can use whatever method he deems to address this.

Nice that they seem to forget this little fact-it gets in their demented way.

[Moseley]

Duncan Hunter Urges Trump to Use Military to Build Road for Border Wall

Rep. Duncan Hunter (R-CA) sent a letter Thursday to President Donald Trump urging him to use the U.S. military to build a road that will service a future wall on the U.S.-Mexico border, using funds that are already appropriated.

https://www.breitbart.com/immigration/2018/11/01/duncan-hunter-urges-trump-to-use-military-to-build-road-for-border-wall/?fbclid=IwAR1kbN6xAMxaXGmtoICbmdKkxBSKlrLpDLoCmmFTliDbfZKYeomkuTZrk7I

[NorthMountain]

The US Army once maintained a system of Coastal Artillery batteries. Armies defend borders. They’re not just for power projection. Duh.

[MamaTexan]

Posse Comitatus is to prevent the military from policing our own citizens.

It has nothing to do with repelling the invasion of foreigners streaming toward the border.

[janetjanet998]

I guess If an invading Chinese army just stripes off their uniforms and puts on civilian clothes there’s nothing the military can do then right?.... libtards are insane

[Moseley]

Incredibly the military has already fought AGAINST being used to patrol the borders.

According to CNN's anonymous sources, the "Pentagon rejected request for troops it viewed as emergency law enforcement at border" https://www.cnn.com/2018/11/02/politics/white-house-pentagon-troops-border/index.html.

CNN helpfully emphasized the key legal issue: "Despite multiple defense officials characterizing those activities as relating to law enforcement actions, a DHS official disagreed that such functions constituted law enforcement."

Intimidation is a problem, because the law imposes prison or a $10,000 fine on any military official violating it. So the military does not want to perform these tasks unless the law is crystal clear. DoD has invented a lot of its own rules more restrictive than the Act itself.

[crz]

I see they did address that issue. My fault and I correct myself.

Its getting so that a lot of these articles posted I dont bother to read in whole. Most are simply tripe and I hate to go to the web sites to read them since the sites rain pop ups etc on.

[FlingWingFlyer]

People who ask this question really need to cut down on their use of “recreationsal” medical marijuana. They a frying their last brain cells.

[Sasparilla]

Posse Comitatus:

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

HERE ARE CIRCUMSTANCES EXPRESSLY AUTHORIZED BY THE CONSTITUTION

Article 4 of the U.S. Constitution states:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; ...