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(11,878 posts)djg21
(1,803 posts)18 USC 1385
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.
Google search imdicates that Bloomberg Agrees. https://www.bloomberg.com/news/videos/2018-11-01/trump-and-the-posse-comitatus-act-video
The Act limits the powers of the federal government in using federal military personnel to enforce domestic policies within the United States.
BadgerMom
(2,771 posts)can be brushed aside by executive order and Trump toadies like Graham and Rubio fall right in line, certainly the Posse Comitatus Act won't be an obstacle. I'm willing to bet that's sorta how Trump thinks about it.
Beartracks
(12,821 posts)Dark n Stormy Knight
(9,771 posts)how Dems are "too dangerous to rule"? That was my first thought. Not that I hadn't realized it before, but the fact that his mind goes immediately to ruling rather than governing says a lot about him & other Rs.
catbyte
(34,447 posts)it was illegal? He's the big military expert. Unless Il Douche was talking out of his ass again and didn't run it by anybody.
RVN VET71
(2,697 posts)It is very possible he did, but it's also possible he (Kelly) just kept his yammer-yaw shut about the matter. And, of course, it is also possible that Kelly cares no more about the constitution and the law than Cadet Bonespur. Treasonous peas in a pod.
louis-t
(23,297 posts)Talking head "military experts" on TV - including MSNBC - have been assuring the public that using the military to enforce immigration law is OK. I have noted that none of these "experts" are lawyers.
I suspect that these "experts" are relying upon prior incidences in which the National Guard has been used to support law enforcement on the Mexico border. However, there is an important difference between the National Guard - which is a state force - and the active military which is a federal force.
Sounds like someone in DoD finally got around to asking the General Counsel's office or maybe even someone in the Office of the Judge Advocate General of one of the military branches.
djg21
(1,803 posts)If we dont win back at least the House, you know that legislation authorizing the use of the military to enforce immigration laws will be forthcoming.
Then again, if we don't win back at least the House, Congress might simply take the more direct course and repeal the Posse Comitatus Act.
saidsimplesimon
(7,888 posts)PandoraAwakened
(905 posts)I'm old enough to remember when George W. Bush used the occasion of 9/11 to usher in the "Patriot Act," which essentially set up workarounds to posse comitatus law, as well as gutting all kinds of privacy rights that today's youth aren't even aware we ever had not so long ago.
Cha
(297,651 posts)Bfd
(1,406 posts)FSogol
(45,525 posts)Scurrilous
(38,687 posts)GulfCoast66
(11,949 posts)Translation:
Push this issue, use the armed forces as a political tool and we resign En Masse.
At least I can figure out no other meaning. I guarantee you it was not some Colonel sending this message.
Kingofalldems
(38,475 posts)I expect a response from Trump also.
Crutchez_CuiBono
(7,725 posts)NO!! (Pentagon to red don ivan)
Jeffersons Ghost
(15,235 posts)Ana Cabrera, a CNN news anchor wrote this tweet, making it reliable, IMHO
?
Here is the actual tweet, along with a recommendation.
littlemissmartypants
(22,797 posts)Great catch, Kingofalldems.
Thanks.
♡lmsp
Hekate
(90,793 posts)smirkymonkey
(63,221 posts)Kurt V.
(5,624 posts)malaise
(269,157 posts)Rec
Puzzler
(2,505 posts)-Puzzler
Ferrets are Cool
(21,110 posts)we can all hope for a good result.
hostalover
(447 posts)2naSalit
(86,775 posts)And so it begins. This and Obama today in Florida (I am going to watch video right now!) I'm totally into this!
stuffmatters
(2,574 posts)Charlotte Little
(658 posts)workinclasszero
(28,270 posts)Pentagon to would be fascist dictator Trump...FUCK RIGHT THE FUCK OFF!!!
That would be a violation of the....
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act in concert with the Insurrection Act of 1807 is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. It was passed as an amendment to an army appropriation bill following the end of Reconstruction and was subsequently updated in 1956 and 1981.
https://en.wikipedia.org/wiki/Posse_Comitatus_Act
Could you even imagine the insane response from the GOP/Fox/Hate radio and every MAGA cultist if a democratic president was doing this crap!?
malaise
(269,157 posts)Everywhere.m this is huge.
workinclasszero
(28,270 posts)But its a fucking republican so...
News Media: YAWN....both sides the same...they all do it...no difference in the two party's...go back to sleep American voter, the 1% loves you!!!
Doitnow
(1,103 posts)from spending our dollars on stupid, evil stuff, since they will be holding the purse strings? I'd like to know.
JDC
(10,133 posts)zentrum
(9,865 posts)military parade? Aren't these the same guys who nixed that?
FakeNoose
(32,748 posts)Somebody in the Washington mayor's office (or some city official) quoted a ridiculously high price that would be needed to repave the streets on the parade route, and pay all the police, fire & EMS employees double overtime. That iced it and Trump cancelled everything. I'm pretty sure it happened in June or around there. I know it was well before the 4th of July, and not much was said. A lot of people missed it.
Beartracks
(12,821 posts)uponit7771
(90,363 posts)sarge43
(28,945 posts)It didn't want that fiasco anymore than DC did.
If I know my military bureaucracy and I do, it applied the ground crew rule: Pick a reasonable number, multiply by two and add 10%. Ice it with a generous amount of techie talk and nine out of ten they'll go away and leave you alone to do your job.
Marie Marie
(9,999 posts)JohnnyRingo
(18,641 posts)Because who else is qualified to do that except active duty soldiers in full battle rattle? Maybe a group of volunteer Boy Scouts with help from American Legion seniors.
This stunt should be investigated when Democrats take over next year.
madame19
(2 posts)Glad to see our leaders at the Pentagon won't allow for this political move! Don't use our troops as props.
TNNurse
(6,929 posts)Tiggeroshii
(11,088 posts)Rejecting a direct order from the commander in chief definitely has consitutional issues.
uponit7771
(90,363 posts)sarge43
(28,945 posts)Using regular army as opposed to activated national guard for civil law enforcement is illegal, especially when there is no evidence of a need for law enforcement.
You can take it to the bank that the JCS are well aware Moron is using the military for political proposes. They were just waiting for him to step over the line and the "rifle" bs was that moment.
Tiggeroshii
(11,088 posts)Makes sense just a little scary to me...
sarge43
(28,945 posts)Moron can relieve all of them from duty (not punishment, just put in their retirement) and replace them with ass kissing careerists.
Rowdyag
(105 posts)and if trump ordered troops, is it a legal order?
I agree, its a double edge sword.
KayF
(1,345 posts)(two days ago)
https://www.foxnews.com/politics/mattis-when-asked-if-troop-deployment-to-border-is-a-stunt-we-dont-do-stunts
Mattis, when asked if troop deployment to border is a stunt: 'We don't do stunts'
NCjack
(10,279 posts)Trump's military parade on Vet's Day crumbled and he did not get a salute. Now, his 15,000 troopers primed to fire rifles at people seeking refugee status will not be deployed to the TX-MX border and will not kill anyone.
A Hitler-outrage is building. Someone is going to get punched or at least victimized by a bigly, whopping lie. Probably the usual list, i.e., the Clintons, Obama, Pelosi, Chuck. COS Kelly will not be home with his wife, as he has 24-hr Trumpbaby sitting duty.
olegramps
(8,200 posts)If Federal troops fire on civilians, the results could be catastrophic for this administration.
bpositive
(423 posts)Does this mean no troops to the border? Or does this mean he changes the mission to a humanitarian effort to help th caravan (not enter our country)?
sarge43
(28,945 posts)Think of the troops. They don't know what the hell they're supposed to do.
Conflicting orders, ill defined mission, mission creep. The perfect FUBAR.
I was a soldier once. It would be interesting to be a fly on the wall for the briefings. Perfect recipe for a disaster. Not all soldiers have self restraint or are the brightest- at least speaking from my experience.
sarge43
(28,945 posts)Good ones, bad ones and every variation in between.
If this cluster goes south and the odds are high, they'll be blamed, not the assholes that put them there, and many of them will sense this. Can't win, can't get out and probably could lose. Doesn't make for rational thinking or behavior.
It just occurred that's precisely what Moron wants: A disaster he can blame on everyone but himself. It's those brown sub humans and the dumb grunts. He brings chaos like fleas bring the plague.
lindysalsagal
(20,730 posts)Cha
(297,651 posts)TwistOneUp
(1,020 posts)That the Joint Chiefs can simply say, "No." They can refuse an order from the President.
Of course, if they tell Cheetolini to get lost, then he can fire them and [some process ensues] and then we have a new set of Joint Chiefs. He orders them, then they tell him to get lost, ad nauseum.
napi21
(45,806 posts)still_one
(92,394 posts)Honeycombe8
(37,648 posts)As he talked about sending troops to the border. But I wasn't sure.
grantcart
(53,061 posts)1) troops are still going
2) their duties will be more in support activity and not on the direct line.