Military assistance to the Border. Rules summary of the Military

[eagle1462010]

Foreign invaders are not civilians. As a member of our military, it would be your duty, if necessary, to fire on any such invaders, if that's what it takes to defend the country from them. To “pull back outside of the danger zone” would be an act of cowardice and desertion.

A Civilian is a Civilian no matter what the Nationality is. You used the term "if necessary". I spent some time on the inside of a fence at a Missile Silo with a baton. Civilian Protesters were trying to climb the fence to gain entry. We didn't fire on them. That would have been illegal since other means were available. But there were some real sore and broken fingers and knuckles. And yes, I was a Federal Military Member. We were temporary there to prevent that entry. Meanwhile, for the more rowdy parts of that crowd, the various Alphabets and local police were doing a roundup. But until they to halfway over that fence, us Fed Troops could only smack knuckles. We had no authority outside that fence. And anyone that would have tried to order us to open fire through the fence would have been first ignored and the court martialed.

Just how much blood must be spent to satisfy your blood lust.

In the articles I mentioned. It allows the military to protect Federal Facilities. It also allows the protection of gov't members. And citizens. Guarding a key military facility is part of that LEGAL RIGHT. Even if you have to fire on Civilians to protect that facility. Your argument falls under as much force as necessary..........should greater force be needed to protect a Nuclear missile, you would have fired the weapons.

I was in the military 10 years...........building the wall isn't an unlawful order. Now the assistance to LEA'S........in apprehension is a different matter........those laws are not clear....and a National Guard issue.

Protecting Federal Structures like POE's and Walls being attacked........well that is legal.

It's pretty cut and dried. The Fed Military can and do fire on anyone that enters a secure Military Facility that will not surrender. Notice the sign when you entered. They mean it. But the Border isn't a Federal Security Facility or Range. They don't have that authority. It's pretty well written out and clear.

As for the National Guards, when they are under the Authority of the Governor, they are not Federal Military Troops and the Federal Laws don't apply to them. The State laws do. That means that they can operate as a police force if called upon. And this is very cut and dried. You keep trying to muddy things up when it's clear as a bell.

Again, you twist the wording.........I never said they would fire at anything. You do understand that they would be BUILDING A WALL and not be firing at illegals now don't you...............LOL

Riddle me this..........If the drug cartels massed and fired on the CBP at the border.....would the military be allowed to come in and secure the border by force..............

I'd add......the laws I stated give the military the RIGHT TO PROTECT FEDERAL FACILITIES...............a POE is a Federal Facility. You are spinning to your narrative..........and you will lose in the Supreme Court on that...........the only question in my mind is the funding............that is questionable.

You want to place armed US Military at the POEs. Just not going to happen. You would authorize for Federal Military Personnel to fire on unarmed Sillyvillians at the POE. Again, not going to happen. The US Military does not have the special training for that job. That's why they made the Border Patrol and they are pretty damned good at their jobs.

Now you are bouncing around paraphrasing what I already told you about building the wall. Good. At least you are learning something while kicking and screaming. The ONLY thing that will have to be decided by the supreme court in this whole issue is.....well....nothing. This is a Congressional and Executive issue. Just how big of balls does Trump have versus whether Congress can grow a pair or not.

BS...........I posted the laws in the beginning of this thread..and it backs up what I'm saying............You have just said shit without backing it up. Imagine that.

Again........building the wall is NOT FIRING ON ILLEGALS..........it is BUILDING Moron..........And in regards to the POE being a Federal Facility........You are damned skippy it is........and under the information on the laws I quoted......the military can defend it if it is attacked.............and I wasn't using the example of throwing rocks either now was I.

I want this settled once and for all.................I hope he declares the emergency and fast tracks this to the Supreme Court.............to end this mickey mouse club discussion.

 

[eagle1462010]

Trump believes that he can declare a state of National Emergency and those funds can be taken from the DOD budget and spent on a Civilian wall.

National defense is not a civilian matter. This falls very squarely in the powers and duties assigned to the military, to defend our nation against foreign attack and invasion.

And who is the official Commander, and Chief of that military? It ain't Chuck Schumer, or Hillary. LOL!

Who controls the Purse Strings? Her first name is Nancy.

Oh..........she's a dictatorship now.......LOL

 

[WorldWatcher]

I was issued a shovel to put out small fires. I was issued gloves to handle relief supplies. The Army Corp of Engineers brings their own equipment and the regular troops do cleanup and other support duties. The Army is quite qualified to build that wall and even has the heavy equipment to do it. What they don't have is the funding.

Trump can do that without declaring an emergency. He's got you fooled, fool. The only thing he can't do is fund it. And no emergency in the world can authorize that. He can transfer funds from Military Programs to it but then the House of Representatives just got their first solid grounds for Impeachment for misappropriation of funds. Trump can dip into his discretionary funds but it's not nearly enough so he's going to have to get the funds somewhere else. He's either going to have to break the law or cut a deal with Congress and get the Government open again.

Or he can keep people like you in a constant panic and just run his mouth which is what he is doing now.

Sorry, I'm not in a "constant panic", and I didn't vote for Trump anyway (voted for Kasich in the primary and general elections).

I don't think exercising authorized powers under the National Emergencies Act of of 1976 will be grounds for impeachment.

On the other hand even if he does declare an emergency and tries to take DOD funds to pay for the border wall it will be a short lived moved.

Under Section 202 of the law Trumps "Emergency" can be ended by him ending it or Congress terminating it via Joint Resolution. You can bet the DEM's will pass the House side of the JR in a hot minute. And the way I read section 202 is that the Senate will have to vote on concurring or rejecting the House JR. One thing McConnell DOES NOT want is GOP Senators on the record. (Now it says that the vote can be the yeas and nays (voice vote), but then someone can object and it becomes a recorded vote.

That's not even counting court challenges, which I think Trump will lose, because he had 2 years of the GOP controling the Oval Office, Senate, and House and it becomes an "Emergency" only with he loses the House? Nope, not buying it.


National Emergencies Act of 1976 -->> Text of H.R. 3884 (94th): National Emergencies Act (Passed Congress version) - GovTrack.us

.>>>>

 

[Daryl Hunt]

Trump believes that he can declare a state of National Emergency and those funds can be taken from the DOD budget and spent on a Civilian wall.

National defense is not a civilian matter. This falls very squarely in the powers and duties assigned to the military, to defend our nation against foreign attack and invasion.

And who is the official Commander, and Chief of that military? It ain't Chuck Schumer, or Hillary. LOL!

Who controls the Purse Strings? Her first name is Nancy.

Oh..........she's a dictatorship now.......LOL

Wow, is that the best you got? If the House won't fund it, it isn't funded. That's the way thing work. Trump got in the habit of saying he wanted something and no one stood in his way. He just got it. Everyone in control was scared to death of him. We needed to break that habit. This is why the House went to the Democrats for good or bad. Trump isn't used to having to deal with losing his supreme power. He had better damned well get used it like every other President has.

 

[sparky]

The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13

Remember this.

"This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court."




OH FVCKING GREAT; another fvcking WALL THREAD ..............

Heads UP... READ THE LISTINGS -- before starting new threads..

FVCK

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

 

[Moonglow]

This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court.

Border Security and Military Support: Legal Authorizations and Restrictions

Restrictions
The primary restriction on military participation in civilian law enforcement activities is the Posse Comitatus Act (PCA).9The PCA prohibits the use of the Army and Air Force to execute the domestic laws of the United States except where expressly authorized by the Constitution or Congress. The PCA has been further applied to the Navy and Marine Corps by legislative and administrative supplements. For example, 10 U.S.C. §375, directs the Secretary of Defense to promulgate regulations forbidding the direct participation "by a member of the Army, Navy, Air Force, or Marines in a search, seizure, arrest, or other similar activity" during support activities to civilian law enforcement agencies. DOD issued Directive 5525.5, which outlines its policies and procedures for supporting federal, state, and local LEAs. According to the Directive, the following forms of direct assistance are prohibited: (1) interdiction of a vehicle, vessel, aircraft, or other similar activity; (2) a search or seizure; (3) an arrest, apprehension, stop and frisk, or similar activity; and (4) use of military personnel in the pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. It is generally accepted that the PCA does not apply to the actions of the National Guard when not in federal service.10 As a matter of policy, however, National Guard regulations stipulate that its personnel are not, except for exigent circumstances or as otherwise authorized, to directly participate in the arrest or search of suspects or the general public.11

12 The Constitution, however, contains no provision expressly authorizing the President to use the military to execute the law. The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13 The PCA also does not apply where Congress has expressly authorized use of the military to execute the law. Congress has done so in three ways: by giving a branch of the armed forces civilian law enforcement authority (e.g., the Coast Guard), by addressing certain circumstances with more narrowly crafted legislation,14 and by establishing general rules for certain types of assistance.

The military indirectly supports border security and immigration control efforts under general legislation that authorizes the armed forces to support federal, state, and local LEAs. Since the early 1980s, Congress has periodically authorized an expanded role for the military in providing support to LEAs. Basic authority for most DOD assistance was originally passed in 1981 and is contained in Chapter 18 of Title 10 of the U.S. Code—Military Support for Civilian Law Enforcement Agencies. Under Chapter 18 of Title 10, Congress authorizes DOD to share information (§371); loan equipment and facilities (§372); provide expert advice and training (§373); and maintain and operate equipment (§374). For federal LEAs, DOD personnel may be made available, under §374, to maintain and operate equipment in conjunction with counterterrorism operations (including the rendition of a suspected terrorist from a foreign country) or the enforcement of counterdrug laws, immigration laws, and customs requirements. For any civilian LEA, §374 allows DOD personnel to maintain and operate equipment for a variety of purposes, including aerial reconnaissance and the detection, monitoring, and communication of air and sea traffic, and of surface traffic outside the United States or within 25 miles of U.S. borders, if first detected outside the border. Congress placed several stipulations on Chapter 18 assistance, e.g., LEAs must reimburse DOD for the support it provides unless the support "is provided in the normal course of military training or operations" or if it "results in a benefit...substantially equivalent to that which would otherwise be obtained from military operations or training."15 Pursuant to §376, DOD can only provide such assistance if it does not adversely affect "the military preparedness of the United States." Congress incorporated posse comitatus restrictions into Chapter 18 activities in §375.

In 1989, Congress began to expand the military's support role. For example, Congress directed DOD, to the maximum extent practicable, to conduct military training exercises in drug-interdiction areas, and made the DOD the lead federal agency for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States.16 Congress later provided additional authorities for military support to LEAs specifically for counterdrug purposes in the National Defense Authorization Act for FY1991.17 Section 1004 authorized DOD to extend support in several areas to any federal, state, and local (and sometimes foreign) LEA requesting counterdrug assistance. This section has been extended regularly and is now in force through the end of FY2011.18

As amended, §1004 authorizes the military to: maintain, upgrade, and repair military equipment; transport federal, state, local, and foreign law enforcement personnel and equipment within or outside the U.S.; establish bases for operations or training; train law enforcement personnel in counterdrug activities; detect, monitor, and communicate movements of air, sea, and surface traffic outside the U.S., and within 25 miles of the border if the detection occurred outside the U.S.; construct roads, fences, and lighting along U.S. border; provide linguists and intelligence analysis services; conduct aerial and ground reconnaissance; and establish command, control, communication, and computer networks for improved integration of law enforcement, active military, and National Guard activities. Section 1004 incorporates the posse comitatus restrictions of Chapter 18.19 Unlike Chapter 18, however, this law does allow support which could affect military readiness in the short-term, provided the Secretary of Defense believes the support outweighs such short-term adverse effect.

If Trump did declare a state of emergency the wall would not get built due to lawsuits.

 

[Moonglow]

The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13

Remember this.

"This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court."




OH FVCKING GREAT; another fvcking WALL THREAD ..............

Heads UP... READ THE LISTINGS -- before starting new threads..

FVCK

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

They called Lincoln a dictator for doing less...

 

[sparky]

true

 

[Daryl Hunt]

I was issued a shovel to put out small fires. I was issued gloves to handle relief supplies. The Army Corp of Engineers brings their own equipment and the regular troops do cleanup and other support duties. The Army is quite qualified to build that wall and even has the heavy equipment to do it. What they don't have is the funding.

Trump can do that without declaring an emergency. He's got you fooled, fool. The only thing he can't do is fund it. And no emergency in the world can authorize that. He can transfer funds from Military Programs to it but then the House of Representatives just got their first solid grounds for Impeachment for misappropriation of funds. Trump can dip into his discretionary funds but it's not nearly enough so he's going to have to get the funds somewhere else. He's either going to have to break the law or cut a deal with Congress and get the Government open again.

Or he can keep people like you in a constant panic and just run his mouth which is what he is doing now.

Sorry, I'm not in a "constant panic", and I didn't vote for Trump anyway (voted for Kasich in the primary and general elections).

I don't think exercising authorized powers under the National Emergencies Act of of 1976 will be grounds for impeachment.

On the other hand even if he does declare an emergency and tries to take DOD funds to pay for the border wall it will be a short lived moved.

Under Section 202 of the law Trumps "Emergency" can be ended by him ending it or Congress terminating it via Joint Resolution. You can bet the DEM's will pass the House side of the JR in a hot minute. And the way I read section 202 is that the Senate will have to vote on concurring or rejecting the House JR. One thing McConnell DOES NOT want is GOP Senators on the record. (Now it says that the vote can be the yeas and nays (voice vote), but then someone can object and it becomes a recorded vote.

That's not even counting court challenges, which I think Trump will lose, because he had 2 years of the GOP controling the Oval Office, Senate, and House and it becomes an "Emergency" only with he loses the House? Nope, not buying it.


National Emergencies Act of 1976 -->> Text of H.R. 3884 (94th): National Emergencies Act (Passed Congress version) - GovTrack.us

.>>>>

He can call a National Emergency till he's blue in the face and nothing will change. He can call it anything he wants. The Army can already apply the manpower to build the wall with no special emergency powers. They already have the expertise to build that wall if called on. Some of the biggest and most complicated programs in the United States History have been done by the United States Army inside the United States. But let this sink in.

NO FUNDING MEANS NO FUNDING AND NO FAKE NATIONAL EMERGENCY GETS THAT FUNDING!.

And yes, transferring funds from military programs is exactly what misappropriation is all about. Trump has to learn that he's no longer the King. He's been demoted to President.

And you are still in panic mode exactly where he wants you to be.

 

[Daryl Hunt]

The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13

Remember this.

"This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court."




OH FVCKING GREAT; another fvcking WALL THREAD ..............

Heads UP... READ THE LISTINGS -- before starting new threads..

FVCK

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

They called Lincoln a dictator for doing less...

In a time of declared War. Now, if Trump can figure out a country to declare war on maybe he might ...... now that's a silly thought. You are trying to misdirect. Please stay in your panic mode. It's entertaining.

 

[eagle1462010]

The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13

Remember this.

"This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court."




OH FVCKING GREAT; another fvcking WALL THREAD ..............

Heads UP... READ THE LISTINGS -- before starting new threads..

FVCK

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

I'd like clarification from the Supreme Court on this. Would be interesting.......I think he should do it right now and do an E.O. on clarification from the Supreme Court on this issue.........immediately............For them to rule on it..........via a court that isn't the 9th..............LOL

 

[Moonglow]

The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13

Remember this.

"This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court."




OH FVCKING GREAT; another fvcking WALL THREAD ..............

Heads UP... READ THE LISTINGS -- before starting new threads..

FVCK

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

They called Lincoln a dictator for doing less...

In a time of declared War. Now, if Trump can figure out a country to declare war on maybe he might ...... now that's a silly thought. You are trying to misdirect. Please stay in your panic mode. It's entertaining.

I stated a fact cupcake deal with it.

 

[sparky]

Trump has to learn that he's no longer the King. He's been demoted to President.

word.....!

methinks that's what pisses me off the most about TRump

~S~

 

[Daryl Hunt]

The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13

Remember this.

"This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court."




OH FVCKING GREAT; another fvcking WALL THREAD ..............

Heads UP... READ THE LISTINGS -- before starting new threads..

FVCK

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

Might be entertaining as hell. Even more entertaining than his reality shows.

 

[eagle1462010]

Trump believes that he can declare a state of National Emergency and those funds can be taken from the DOD budget and spent on a Civilian wall.

National defense is not a civilian matter. This falls very squarely in the powers and duties assigned to the military, to defend our nation against foreign attack and invasion.

And who is the official Commander, and Chief of that military? It ain't Chuck Schumer, or Hillary. LOL!

Who controls the Purse Strings? Her first name is Nancy.

Oh..........she's a dictatorship now.......LOL

Wow, is that the best you got? If the House won't fund it, it isn't funded. That's the way thing work. Trump got in the habit of saying he wanted something and no one stood in his way. He just got it. Everyone in control was scared to death of him. We needed to break that habit. This is why the House went to the Democrats for good or bad. Trump isn't used to having to deal with losing his supreme power. He had better damned well get used it like every other President has.

That isn't the question...........it is whether he can use funds from the military to deal with a state of emergency............and that issue is questionable.........I'd like to see it confirmed one way or another as I've stated...........

I'd also like to see if funding could be appropriated for the military to build the wall............we already know they can give CBP equipment........and temporarily house detainees.............that has already been done...........

The military could build the wall cheaper than outside contractors.............and it would save a bunch of money if it was done that way........as other nations do already.

 

[Daryl Hunt]

The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13

Remember this.

"This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court."




OH FVCKING GREAT; another fvcking WALL THREAD ..............

Heads UP... READ THE LISTINGS -- before starting new threads..

FVCK

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

They called Lincoln a dictator for doing less...

In a time of declared War. Now, if Trump can figure out a country to declare war on maybe he might ...... now that's a silly thought. You are trying to misdirect. Please stay in your panic mode. It's entertaining.

I stated a fact cupcake deal with it.

You misdirected, cupcake, and I no you won't deal with it. Panic on, Panic on.

 

[eagle1462010]

This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court.

Border Security and Military Support: Legal Authorizations and Restrictions

Restrictions
The primary restriction on military participation in civilian law enforcement activities is the Posse Comitatus Act (PCA).9The PCA prohibits the use of the Army and Air Force to execute the domestic laws of the United States except where expressly authorized by the Constitution or Congress. The PCA has been further applied to the Navy and Marine Corps by legislative and administrative supplements. For example, 10 U.S.C. §375, directs the Secretary of Defense to promulgate regulations forbidding the direct participation "by a member of the Army, Navy, Air Force, or Marines in a search, seizure, arrest, or other similar activity" during support activities to civilian law enforcement agencies. DOD issued Directive 5525.5, which outlines its policies and procedures for supporting federal, state, and local LEAs. According to the Directive, the following forms of direct assistance are prohibited: (1) interdiction of a vehicle, vessel, aircraft, or other similar activity; (2) a search or seizure; (3) an arrest, apprehension, stop and frisk, or similar activity; and (4) use of military personnel in the pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. It is generally accepted that the PCA does not apply to the actions of the National Guard when not in federal service.10 As a matter of policy, however, National Guard regulations stipulate that its personnel are not, except for exigent circumstances or as otherwise authorized, to directly participate in the arrest or search of suspects or the general public.11

12 The Constitution, however, contains no provision expressly authorizing the President to use the military to execute the law. The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13 The PCA also does not apply where Congress has expressly authorized use of the military to execute the law. Congress has done so in three ways: by giving a branch of the armed forces civilian law enforcement authority (e.g., the Coast Guard), by addressing certain circumstances with more narrowly crafted legislation,14 and by establishing general rules for certain types of assistance.

The military indirectly supports border security and immigration control efforts under general legislation that authorizes the armed forces to support federal, state, and local LEAs. Since the early 1980s, Congress has periodically authorized an expanded role for the military in providing support to LEAs. Basic authority for most DOD assistance was originally passed in 1981 and is contained in Chapter 18 of Title 10 of the U.S. Code—Military Support for Civilian Law Enforcement Agencies. Under Chapter 18 of Title 10, Congress authorizes DOD to share information (§371); loan equipment and facilities (§372); provide expert advice and training (§373); and maintain and operate equipment (§374). For federal LEAs, DOD personnel may be made available, under §374, to maintain and operate equipment in conjunction with counterterrorism operations (including the rendition of a suspected terrorist from a foreign country) or the enforcement of counterdrug laws, immigration laws, and customs requirements. For any civilian LEA, §374 allows DOD personnel to maintain and operate equipment for a variety of purposes, including aerial reconnaissance and the detection, monitoring, and communication of air and sea traffic, and of surface traffic outside the United States or within 25 miles of U.S. borders, if first detected outside the border. Congress placed several stipulations on Chapter 18 assistance, e.g., LEAs must reimburse DOD for the support it provides unless the support "is provided in the normal course of military training or operations" or if it "results in a benefit...substantially equivalent to that which would otherwise be obtained from military operations or training."15 Pursuant to §376, DOD can only provide such assistance if it does not adversely affect "the military preparedness of the United States." Congress incorporated posse comitatus restrictions into Chapter 18 activities in §375.

In 1989, Congress began to expand the military's support role. For example, Congress directed DOD, to the maximum extent practicable, to conduct military training exercises in drug-interdiction areas, and made the DOD the lead federal agency for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States.16 Congress later provided additional authorities for military support to LEAs specifically for counterdrug purposes in the National Defense Authorization Act for FY1991.17 Section 1004 authorized DOD to extend support in several areas to any federal, state, and local (and sometimes foreign) LEA requesting counterdrug assistance. This section has been extended regularly and is now in force through the end of FY2011.18

As amended, §1004 authorizes the military to: maintain, upgrade, and repair military equipment; transport federal, state, local, and foreign law enforcement personnel and equipment within or outside the U.S.; establish bases for operations or training; train law enforcement personnel in counterdrug activities; detect, monitor, and communicate movements of air, sea, and surface traffic outside the U.S., and within 25 miles of the border if the detection occurred outside the U.S.; construct roads, fences, and lighting along U.S. border; provide linguists and intelligence analysis services; conduct aerial and ground reconnaissance; and establish command, control, communication, and computer networks for improved integration of law enforcement, active military, and National Guard activities. Section 1004 incorporates the posse comitatus restrictions of Chapter 18.19 Unlike Chapter 18, however, this law does allow support which could affect military readiness in the short-term, provided the Secretary of Defense believes the support outweighs such short-term adverse effect.

If Trump did declare a state of emergency the wall would not get built due to lawsuits.

It would force another Supreme Court Decision.............and it's slanted to the right of center right now................would be interesting indeed....

 

[Moonglow]

This details the laws of use of the military and the primary laws for building the Wall by the military. Should Trump declare a crisis and use the military to build the wall these laws will be the ones eventually going to the Supreme Court.

Border Security and Military Support: Legal Authorizations and Restrictions

Restrictions
The primary restriction on military participation in civilian law enforcement activities is the Posse Comitatus Act (PCA).9The PCA prohibits the use of the Army and Air Force to execute the domestic laws of the United States except where expressly authorized by the Constitution or Congress. The PCA has been further applied to the Navy and Marine Corps by legislative and administrative supplements. For example, 10 U.S.C. §375, directs the Secretary of Defense to promulgate regulations forbidding the direct participation "by a member of the Army, Navy, Air Force, or Marines in a search, seizure, arrest, or other similar activity" during support activities to civilian law enforcement agencies. DOD issued Directive 5525.5, which outlines its policies and procedures for supporting federal, state, and local LEAs. According to the Directive, the following forms of direct assistance are prohibited: (1) interdiction of a vehicle, vessel, aircraft, or other similar activity; (2) a search or seizure; (3) an arrest, apprehension, stop and frisk, or similar activity; and (4) use of military personnel in the pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. It is generally accepted that the PCA does not apply to the actions of the National Guard when not in federal service.10 As a matter of policy, however, National Guard regulations stipulate that its personnel are not, except for exigent circumstances or as otherwise authorized, to directly participate in the arrest or search of suspects or the general public.11

12 The Constitution, however, contains no provision expressly authorizing the President to use the military to execute the law. The question of whether the constitutional exception includes instances where the President is acting under implied or inherent constitutional powers is one the courts have yet to answer. DOD regulations, nonetheless, do assert two constitutionally based exceptions—sudden emergencies and protection of federal property.13 The PCA also does not apply where Congress has expressly authorized use of the military to execute the law. Congress has done so in three ways: by giving a branch of the armed forces civilian law enforcement authority (e.g., the Coast Guard), by addressing certain circumstances with more narrowly crafted legislation,14 and by establishing general rules for certain types of assistance.

The military indirectly supports border security and immigration control efforts under general legislation that authorizes the armed forces to support federal, state, and local LEAs. Since the early 1980s, Congress has periodically authorized an expanded role for the military in providing support to LEAs. Basic authority for most DOD assistance was originally passed in 1981 and is contained in Chapter 18 of Title 10 of the U.S. Code—Military Support for Civilian Law Enforcement Agencies. Under Chapter 18 of Title 10, Congress authorizes DOD to share information (§371); loan equipment and facilities (§372); provide expert advice and training (§373); and maintain and operate equipment (§374). For federal LEAs, DOD personnel may be made available, under §374, to maintain and operate equipment in conjunction with counterterrorism operations (including the rendition of a suspected terrorist from a foreign country) or the enforcement of counterdrug laws, immigration laws, and customs requirements. For any civilian LEA, §374 allows DOD personnel to maintain and operate equipment for a variety of purposes, including aerial reconnaissance and the detection, monitoring, and communication of air and sea traffic, and of surface traffic outside the United States or within 25 miles of U.S. borders, if first detected outside the border. Congress placed several stipulations on Chapter 18 assistance, e.g., LEAs must reimburse DOD for the support it provides unless the support "is provided in the normal course of military training or operations" or if it "results in a benefit...substantially equivalent to that which would otherwise be obtained from military operations or training."15 Pursuant to §376, DOD can only provide such assistance if it does not adversely affect "the military preparedness of the United States." Congress incorporated posse comitatus restrictions into Chapter 18 activities in §375.

In 1989, Congress began to expand the military's support role. For example, Congress directed DOD, to the maximum extent practicable, to conduct military training exercises in drug-interdiction areas, and made the DOD the lead federal agency for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States.16 Congress later provided additional authorities for military support to LEAs specifically for counterdrug purposes in the National Defense Authorization Act for FY1991.17 Section 1004 authorized DOD to extend support in several areas to any federal, state, and local (and sometimes foreign) LEA requesting counterdrug assistance. This section has been extended regularly and is now in force through the end of FY2011.18

As amended, §1004 authorizes the military to: maintain, upgrade, and repair military equipment; transport federal, state, local, and foreign law enforcement personnel and equipment within or outside the U.S.; establish bases for operations or training; train law enforcement personnel in counterdrug activities; detect, monitor, and communicate movements of air, sea, and surface traffic outside the U.S., and within 25 miles of the border if the detection occurred outside the U.S.; construct roads, fences, and lighting along U.S. border; provide linguists and intelligence analysis services; conduct aerial and ground reconnaissance; and establish command, control, communication, and computer networks for improved integration of law enforcement, active military, and National Guard activities. Section 1004 incorporates the posse comitatus restrictions of Chapter 18.19 Unlike Chapter 18, however, this law does allow support which could affect military readiness in the short-term, provided the Secretary of Defense believes the support outweighs such short-term adverse effect.

If Trump did declare a state of emergency the wall would not get built due to lawsuits.

It would force another Supreme Court Decision.............and it's slanted to the right of center right now................would be interesting indeed....

I don't doubt that the right perverts the laws also

 

[Moonglow]

Remember this.

Actually......it's whether it's legal for the military to build the wall. LOL

And I'm quoting the laws if he declares an emergency.

Part of me wants Trump to do it, just to see what happens ~S~

They called Lincoln a dictator for doing less...

In a time of declared War. Now, if Trump can figure out a country to declare war on maybe he might ...... now that's a silly thought. You are trying to misdirect. Please stay in your panic mode. It's entertaining.

I stated a fact cupcake deal with it.

You misdirected, cupcake, and I no you won't deal with it. Panic on, Panic on.

They can do as I like since I don't pay taxes it's your money they will throw away.

 

[WorldWatcher]

And you are still in panic mode exactly where he wants you to be.

The only one in panic mode is Trump. He's scared shitless about the Mueller investigation and wants anything he can grab onto to be the news cycle to drown out Mueller and the report likely to be released soon.

.>>>>