Posted on 11/21/2018 3:56:16 PM PST by vannrox
President Trump's chief of staff John Kelly signed a memo late Tuesday allowing troops stationed at the border to act in a law enforcement capacity and use lethal force, if necessary, according to Tara Copp of Military Times.
The new “Cabinet order” was signed by White House Chief of Staff John Kelly, not President Donald Trump. It allows “Department of Defense military personnel” to “perform those military protective activities that the Secretary of Defense determines are reasonably necessary” to protect border agents, including “a show or use of force (including lethal force, where necessary), crowd control, temporary detention. and cursory search.”
...
Kelly said in the signed directive that the additional authorities were necessary because “credible evidence and intelligence” have indicated that the thousands of migrants who have now made their way to the U.S. checkpoint near Tijuana, Mexico, “may prompt incidents of violence and disorder” that could threaten border officials. -Military Times
Approximately 5,900 active-duty troops were deployed to the southern US border along with 2,100 national guard to reinforce the border and bolster enforcement efforts as thousands of asylum seekers from Central America arrive in Tijuana, Mexico in the hopes of pushing into the United States.
The Trump administration's move may raise concerns over the 1878 Posse Comitatus Act, which prohibits the use of federal military persojnnel to enforce domestic policies within the United States.
Some of those activities, including crowd control and detention, may run into potential conflict with the 1878 Posse Comitatus Act. If crossed, the erosion of the act’s limitations could represent a fundamental shift in the way the U.S. military is used, legal experts said.
The Congressional Research Service, the non-partisan research agency for Congress, has found that “case law indicates that ‘execution of the law’ in violation of the Posse Comitatus Act occurs (a) when the Armed Forces perform tasks assigned to an organ of civil government, or (b) when the Armed Forces perform tasks assigned to them solely for purposes of civilian government.” However, the law also allows the president “to use military force to suppress insurrection or to enforce federal authority,” CRS has found. -Military Times
That said, US military forces always have the inherent right to self defense. Moreover, troops have been given a wider scope of authority in recent years to assist border agents with various actions such as drug interdictions.
According to Military Times, defense officials say that hte language in the new directive was "carefully crafted to avoid running up against the bedrock legal limitations set in Posse Comitatus." That said, "Even [an executive order] couldn’t overcome Posse Comitatus," says Willaim Banks, author of "Soldiers on the Home Front: The Domestic Role of the American Military” and the former director of the Institute for National Security and Counter-terrorism at Syracuse University’s College of Law.
The new report appears to contradict a story from Tuesday in the Los Angeles Times that the Trump administration would begin withdrawing the troops. In fact, it appears that the pulled troops would primarily consist of engineering units which have finished their task of installing razor wire and physical obstacles at border crossing points - while the original scope of the mission had authorized a deployment until December 15, unless the Department of Homeland Security requested an extension.
Waiting for leftist heads to explode.
you beat me to it, can’t wait to see it happen. They will be blithering like idiots. Grabbing the popcorn.
To leftists, these poor people are patsies, uneducated narrative props and dispensable. They want to orchestrate a massacre. The optics of that will fuel their communist mission as massacres and heroes and cause celebres have always done so. I think this is what they are planning
They’d explode no matter what he did————their “explosions” are getting hum-drum.
They exploded when someone used the word “monkey” for heaven’s sake.
.
Bring on the flamethrowers and beehive ammo.
Sounds good to me. And it’s very carefully worded.
Hopefully they will aggressively deploy military police and start charging wetbacks with felonies like destruction of government property.
Hopefully the implementation will not be necessary.
But this was necessary.
I doubt it will happen, but I hope so.
Globalist SoD Mattis and the 0bama Perfumed Princes that still run the Pentagon will likely decide that coddling the invaders is all that will be allowed.
And in the unlikely event that the Perfumed Princes DO decide that the soldiers may defend the nation, every ambulance chasing lawyer will be there looking for some soldier to sue; every ‘journalist’ will be there looking for (or making up) atrocities to stir the emotions of the America haters; And every puffed up black-robed Judiciarch travesty of a Federal Judge will be issuing injunctions to stop the defense of our nation.
Obama judges will rule that the Military are not authorized to use bullets.
Just today, NPR (National Public Radio) announced that the soldiers on the border would have batons and shields but *not* firearms. Serious security violation by NPR there—one of many.
That would be one good epic backfire
“Some of those activities, including crowd control and detention, may run into potential conflict with the 1878 Posse Comitatus Act. If crossed, the erosion of the act’s limitations could represent a fundamental shift in the way the U.S. military is used, legal experts said.”
And just how is this invasion a domestic problem? The fact that the invaders are not all armed doesn’t alter the fact that they are trying to breech our national border.
absolutely necessary to stop the SorozNazi invasion forces
(anyone from Latin America who is honestly in need of asylum or who just wishes to immigrate can apply for same at the USA embassy or consulates there, or present themselves at the border in a peaceful manner and not part of a huge mob)
but alas, the SorozNazi leftist media will make huge whoopie about any invaders, or “innocent desperate asylum seekers” who get themselves shot.... so we must prepare for the propaganda onslaught.
when will any country on earth ever grow the cajones to arrest and imprison SorozNazi and his evil kids? when?
isn’t there a single public official on earth who is immune to him bribing, buying them out?
Tick tick.....9th circus is carefully crafting their response
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