BREAKING TRUMP ROCKS DC WITH MASSIVE ANNOUNCEMENT
For leftists who deluded themselves into believing that President Trump wasn't serious when
he sent the military to the border, they are about to get a real wake-up call.
The White House just approved the use of force by our military and some law enforcement to
stop the invasion bearing down on our southern border.
That includes 'lethal' force.
The order was signed by White House Chief of Staff John Kelly.
It grants permission for "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."
The Federalist Papers has more on this development:
The Honduran migrant caravans headed toward, and in some cases at, the border are in for
a major surprise.
The White House has approved the use of force by military personnel and some law enforcement
to stop the invasion from the caravans, The Military Times reported.
The White House late Tuesday signed a memo allowing troops stationed at the border to
engage in some law enforcement roles and use lethal force, if necessary — a move that
legal experts have cautioned may run afoul of the Posse Comitatus Act.
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."
There are approximately 5,900 active-duty troops and 2,100 National Guard forces deployed
to the U.S.-Mexico border.
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 forces always have the inherent right to self-defense, but defense of the border
agents on U.S. soil is new.
In addition, troops have been given additional authorities in previous years to assist border
agents with drug interdictions, but the widespread authorization of use of force for thousands
of active-duty troops is unique to this deployment.
Each domestic deployment of troops to any of the 50 states or U.S. territories is governed
by Chairman of the Joint Chiefs of Staff Instruction 3121.01B, "Standing Rules of Engagement,
Standing Rules for the Use of Force by U.S. Forces."
Two annexes, L and N, are specific to Defense Department missions in support of civilian
authorities.
However, each mission is unique, and the standing rules for the use of force can be adjusted
except for the limitation against active-duty U.S. forces conducting law enforcement on
U.S. soil, which is enshrined in the 1898 act.
Posse Comitatus is "always looming in the background.
You never invoke it as such because it is such a background principle," said William
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.
Defense officials said the language in the directive was carefully crafted to avoid running
up against the bedrock legal limitations set in Posse Comitatus.
The law was originally intended to protect the states from being controlled by federal
troops.
It has evolved into a singly defining, almost church versus state-type wall forbidding active-duty
forces under the control of the president from conducting any types of crowd control
or law enforcement domestically, essentially ensuring that the U.S. military is not used
to control or defeat American citizens on U.S. soil.
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.
But the White House still may find itself in a legal challenge if the authorities in
the memo are determined to be counter to the law, Banks said.
"Even [an executive order] couldn't overcome Posse Comitatus," Banks said.
For months, Trump has looked to the military to seal off the U.S.-Mexico border because
he has not been able to persuade Congress to fully fund a border wall.
Instead, Trump has sought to make the military's border presence more aggressive and suggested
that he might send as many as 15,000 U.S.
troops
to
the border.
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