No. of Recommendations: 2
We should see this one coming soon:
Trump declares a National Emergency at the border and orders the military to provide men for a civilian controlled operation to build the wall and detention centers, etc. It might not be limited to the construction projects. There is no emergency so we'll have to see how this plays out. Posse Comatitis should apply.
SNIP
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretaries of the military departments concerned, subject to the direction of the Secretary of Defense. To provide additional authority to the Department of Defense to support the Federal Government’s response to the emergency at the southern border, I hereby declare that this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), that the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments. I hereby direct as follows:
Section 1. Deployment of Personnel and Resources. The Secretary of Defense, or the Secretary of each relevant military department, as appropriate and consistent with applicable law, shall order as many units or members of the Armed Forces, including the Ready Reserve and the National Guard, as the Secretary of Defense determines to be appropriate to support the activities of the Secretary of Homeland Security in obtaining complete operational control of the southern border of the United States. The Secretary of Defense shall further take all appropriate action to facilitate the operational needs of the Secretary of Homeland Security along the southern border, including through the provision of appropriate detention space, transportation (including aircraft), and other logistics services in support of civilian-controlled law enforcement operations.
Sec. 2. Additional Physical Barriers. The Secretaries of Defense and Homeland Security shall immediately take all appropriate action, consistent with law, including 10 U.S.C. 2214, to construct additional physical barriers along the southern border. To the extent possible, the Secretaries of Defense and Homeland Security shall coordinate with any Governor of a State that is willing to assist with the deployment of any physical infrastructure to improve operational security at the southern border. SNIP
No. of Recommendations: 2
Straight from the source:
https://www.whitehouse.gov/presidential-actions/20...I agree, Posse Comitatus likely applies. Not sure who will declare that. My guess (and albaby will slap me around if I get it wrong), someone will sue, and the courts will make that determination.
Also...money. Not sure where they will get the money without Congressional authorization (but maybe "national emergency" circumvents that).
I'm assuming he'll be trying to violate the law regard asylum-seekers (likely another suit will result?).
Looks like he hasn't gotten that much smarter. Sure, he had a team this time. Some of them even know how things work. But he's still trying to govern by decree, instead of pushing for legislation (which is the only way he can make it "stick"). He has a lot of support in Congress, but he's already not using it.
No. of Recommendations: 5
agree, Posse Comitatus likely applies. Not sure who will declare that. My guess (and albaby will slap me around if I get it wrong), someone will sue, and the courts will make that determination.
Also...money. Not sure where they will get the money without Congressional authorization (but maybe "national emergency" circumvents that).
I'm assuming he'll be trying to violate the law regard asylum-seekers (likely another suit will result?).
Thanks, forgot the link. Mueller She Wrote posted all the links with headers. So this'll be filed in the Second Circuit like Albaby said the previous challenge was, and naturally they'll be language supporting invasion but likely not upheld. We'll be holding our breath though. :) Should they allow it we are going to have serious problems, if they don't we can relax a bit. So these are bell-weathers on what the term will be like. But Albaby is consistently right so I'm optimistic.
Interesting phraseology use. On one point it's presented as a civilian controlled operation in an attempt to past the use of the military, and at another point it talks about complete operational control of the Southern border implying the military may be used to staff the camps, man border points - make arrests?
Posse Comitatus came about because the Southern states didn't want the army deployed in their states, so now their chafing on it. Texans get worried about the military now because of disinfo and conspiracy theories. I think you can use the military for genuine emrgencies, but not pretexts like Dope thinks.
No. of Recommendations: 4
But he's still trying to govern by decree
King Donnie. He's in his happy place.
No. of Recommendations: 1
On one point it's presented as a civilian controlled operation in an attempt to past the use of the military,...
One of the features of the USA is that our military already is civilian-controlled. They report to duly elected civilian officials. Yet, posse comitatus still applies. So I don't know if they have any wiggle room there.
No. of Recommendations: 1
One of the features of the USA is that our military already is civilian-controlled.
True, but I think the point was to emphasize that civilian agencies would be in charge of the border and what the military did, and de-emphasize the military being in control of parts of the border - because that may happen.
Well, I have to beg off as I volunteered for VITA and have homework. :)
