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Stu Cvrk @STUinSD
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Thread: On Posse Comitatus and Deploying the Military to the Border

1. The Democrat Party and the Left in general have been apoplectic about the recent decision by @POTUS to deploy US military personnel to defend the US border from invasion.
2. Note: I refuse to call those people headed northward through Mexico the “c” word because an invasion force is what they truly are. @POTUS is defending US national sovereignty, and the deployment of the military is a national security decision. Period.
3. That said, there are the usual suspects who undermine policy decisions by the president – in this case retired left-wing flag and general officers (FOGOs) who caterwauled recently in an editorial in the WaPo. Some excerpts from an article about that follow:
4. <quote>
[S]ome retired American generals are criticizing President Trump’s decision to send Army troops to our southern border. The troops are being sent to support police facing the Central American “migrant caravan.”
5. These former officers claim that Trump is dangerously politicizing the military by involving them in the border crisis. The opposite is true.
6. By publicly questioning the President’s clearly legal use of the military to help secure the border they are doing exactly what they claim to oppose -- making the military a political football.
7. The issue the generals raise is politics, not the Posse Comitatus Act, which prohibits the military from acting as a domestic arm of law enforcement.
<unquote>

Read the rest of the article here:
americanthinker.com/articles/2018/…
8. Now about the Posse Comitatus Act of 1878. The Act only prevents the Army from being used to enforce civil law by all except the president. And in fact, there are cases of the US president using the US Army to enforce martial law.
9. Examples include President Eisenhower sending the 101st Airborne Div. to Little Rock, AR, to enforce the Supreme Court order to desegregate. The next times US Army units were used was in Detroit in 1965 during the civil riots there and then in LA during the first Watts riots.
10. Both times the order was given by President Johnson (a Democrat, for those who forget, and I don’t recall any Democrats complaining about that, do you?).
11. Because the US Air Force was derived from the US Army, the Act applies to the Air Force, too.
12. The Act has never applied by legal standard to the Navy or Marine Corps. In fact, Title 10 USC specifically gives the President authority to use the Marines for any purpose deemed necessary to include law enforcement without the declaration of martial law.
13. One example was the use of US Marines to guard all US mail trains during the height of the mail train robberies in the 1920s.
14. And Old Gimlet Eye, LTGEN Smedley Butler, USMC, served as Commissioner of Police, City of Philadelphia, at the direction of the president while still on active duty. In fact, he wore his Marine uniform most of the time.
15. Since sometime in the 1980s, the Posse Comitatus Act has been applied by policy (but not by legislated law) to the Navy and Marines.
16. All of this is explained in doctrine in Joint Publication 3-28, Defense Support of Civil Authorities. The Coast Guard has arrest authority by Title 14 USC and are considered "customs agents" by that law.
17. With the passage of the Homeland Security Act of 2002, Coast Guard petty officers, warrant officers, and commissioned officers are also considered law enforcement officers and may be armed without regard to local permit or registration requirements in or out of uniform.
18. To summarize, the FOGOs are way off base and acting politically and are not citing public law or historical precedence to support their opinions. They – like the Democrats in general – are attempting to thwart legal presidential authority and fool the public.
19. This is a disgraceful performance from senior military officers who have sworn virtually their entire adult lives “to support and defend the Constitution of the US – AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC”!
20. Looks like they’ve got things backward, folks, and are supporting foreign and domestic enemies against the Constitution and the Republic! Press on, Mr. President; you are on solid ground through legal and historical precedent and are delivering on your promises. ///The end.
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