White House Approves Use of Lethal Force/Law Enforcement for Border Troops

[Swordsmyth]

The White House late Tuesday signed a memo allowing troops stationed at the border (https://www.militarytimes.com/news/your-military/2018/11/20/border-deployment-was-a-racially-motivated-stunt-new-hasc-chair-says/) 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 (https://www.militarytimes.com/news/your-military/2018/10/31/federal-law-limits-what-us-troops-deployed-at-the-border-can-do/).

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 (https://www.militarytimes.com/news/your-military/2018/11/14/mattis-troops-to-stop-using-the-term-secure-at-border-locations/) 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 (https://www.militarytimes.com/news/your-military/2018/11/21/border-deployment-price-tag-to-date-72-million-pentagon-says/) and 2,100 National Guard forces deployed to the U.S.-Mexico border (https://www.militarytimes.com/news/your-military/2018/11/19/dod-ships-thanksgiving-turkeys-to-border-troops/).



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.

Defense officials said the language in the directive was carefully crafted to avoid running up against the bedrock legal limitations set in Posse Comitatus.

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.

More at: https://www.militarytimes.com/news/your-military/2018/11/21/white-house-approves-use-of-force-some-law-enforcement-roles-for-border-troops/

[TheCount]

The new “Cabinet order” was signed by White House Chief of Staff John Kelly, not President Donald Trump.

What a pussy.


One (attempted) step deeper into a police state.

[Swordsmyth]

One (attempted) step deeper into a police state.
Not really, protecting the border isn't domestic law enforcement and it is a military job.

[TheCount]

Not really, protecting the border isn't domestic law enforcement and it is a military job.

The quoted order says nothing about protecting the border. It is about protecting border agents. Assuming that the quote is accurate, DoD can act as enforcers for DHS wherever they are.

[Swordsmyth]

The quoted order says nothing about protecting the border. It is about protecting border agents. Assuming that the quote is accurate, DoD can act as enforcers for DHS wherever they are.
It only allows the troops stationed AT THE BORDER to protect border agents.

[TheCount]

It only allows the troops stationed AT THE BORDER to protect border agents.

Please quote that part of the order and provide a link, thanks.

[Jamesiv1]

The quoted order says nothing about protecting the border. It is about protecting border agents. Assuming that the quote is accurate, DoD can act as enforcers for DHS wherever they are.
Stop resisting!!

[Swordsmyth]

What a pussy.

The news of the memo was first reported by The Military Times on Wednesday morning, but said the president did not sign off on the White House directive. The memo obtained by Newsweek shows Trump signed off on the order to Mattis.



Please quote that part of the order and provide a link, thanks.
To memorialize a Presidential directive to the Secretary of Defense to deploy appropriate numbers
of units and personnel of the Armed Forces of the United States to support the Department of
Homeland Security by temporarily protecting through military protective activity that are
reasonably necessary US. Customs and Border Protection and other United States Government
personnel who are performing Federal functions at appropriate ports of entry.


At your direction, the Secretary of Defense shall deploy appropriate numbers of units and personnel
of the Armed Forces of the United States temporarily to appropriate ports of entry to support the
Department of Homeland Security by protecting US. Customs and Border Protection and other
United States Government personnel and by protecting their performance of the Federal functions.
To carry out that mission, these deployed military personnel may perform those military protective
activities that are reasonably necessary to ensure the protection and safety of Federal personnel,
including a show or use of force (including lethal force, where necessary), crowd control, temporary
detention, and cursory search. The deployed military personnel shall not, without further direction
from you, conduct traditional civilian law enforcement activities, such as arrest, search, and seizure
in connection with the enforcement of the laws. The Secretary of Defense will execute these
responsibilities in consultation with the Secretary of Homeland Security, including regarding the
appropriate ports of entry at which to deploy Department of Defense military personnel, and will
consult with the Attorney General and the Secretary of Homeland Security prior to withdrawing any
personnel from ports of entry.
More at: https://www.newsweek.com/donald-trump-memo-migrant-caravan-border-troops-1226945

[TheCount]

The news of the memo was first reported by The Military Times on Wednesday morning, but said the president did not sign off on the White House directive. The memo obtained by Newsweek shows Trump signed off on the order to Mattis.



To memorialize a Presidential directive to the Secretary of Defense to deploy appropriate numbers
of units and personnel of the Armed Forces of the United States to support the Department of
Homeland Security by temporarily protecting through military protective activity that are
reasonably necessary US. Customs and Border Protection and other United States Government
personnel who are performing Federal functions at appropriate ports of entry.


At your direction, the Secretary of Defense shall deploy appropriate numbers of units and personnel
of the Armed Forces of the United States temporarily to appropriate ports of entry to support the
Department of Homeland Security by protecting US. Customs and Border Protection and other
United States Government personnel and by protecting their performance of the Federal functions.
To carry out that mission, these deployed military personnel may perform those military protective
activities that are reasonably necessary to ensure the protection and safety of Federal personnel,
including a show or use of force (including lethal force, where necessary), crowd control, temporary
detention, and cursory search. The deployed military personnel shall not, without further direction
from you, conduct traditional civilian law enforcement activities, such as arrest, search, and seizure
in connection with the enforcement of the laws. The Secretary of Defense will execute these
responsibilities in consultation with the Secretary of Homeland Security, including regarding the
appropriate ports of entry at which to deploy Department of Defense military personnel, and will
consult with the Attorney General and the Secretary of Homeland Security prior to withdrawing any
personnel from ports of entry.
More at: https://www.newsweek.com/donald-trump-memo-migrant-caravan-border-troops-1226945

Even more ridiculous than I thought. So. Not the border. And only at ports of entry?

Isn't this supposed to be about those dangerous illegal gang member drug mule criminals that are streaming over the wall-less border? How many border patrol members are being killed at ports of entry?:rolleyes:

Hundreds of millions of dollars well spent, I'm sure.

[Swordsmyth]

Even more ridiculous than I thought. So. Not the border. And only at ports of entry?

Isn't this supposed to be about those dangerous illegal gang member drug mule criminals that are streaming over the wall-less border? How many border patrol members are being killed at ports of entry?:rolleyes:

Hundreds of millions of dollars well spent, I'm sure.
It will expand if necessary, I told you that before:


JCS chairman says military's job at border is "not to deny access to migrants"


That will change.


Nope.

[TheCount]

It will expand if necessary, I told you that before:
Nope. And this order confirms the nope.

The active duty troops will redeploy and the guard forces will stay, apparently just at ports of entry.

The order is still likely contrary to the law, but in this incarnation it's entirely toothless and worthless. Just like the entire deployment, really.

[Dr.3D]

If the U.S. military isn't supposed to stop an invasion, who is supposed to do that job?

[Swordsmyth]

If the U.S. military isn't supposed to stop an invasion, who is supposed to do that job?
Meter Maids?

[Swordsmyth]

It will expand if necessary, I told you that before:


Nope. And this order confirms the nope.

The active duty troops will redeploy and the guard forces will stay, apparently just at ports of entry.

The order is still likely contrary to the law, but in this incarnation it's entirely toothless and worthless. Just like the entire deployment, really.

President Donald Trump made a Thanksgiving Day threat to close the U.S. border with Mexico for an undisclosed period of time if his administration determines that its southern ally has lost “control” on its side. Trump also said he has given the thousands of active-duty troops he sent to the border before the Nov. 6 midterm elections the “OK” to use lethal force against migrants “if they have to.” And he said Homeland Security Secretary Kirstjen Nielsen, whom he has faulted for not being tough enough on immigration, is “in there trying.”
“It’s a tough job,” he said.
The president would not discount the possibility of a partial government shutdown early in December over lawmakers’ refusal to allocate the billions of dollars he is demanding for a border wall, the central promise of his 2016 campaign.
“Could there be a shutdown? There certainly could, and it will be about border security, of which the wall is a part,” Trump said.


Trump said that if U.S. officials “find that it’s incontrollable, if we find that it gets to a level where we are going to lose control or where people are going to start getting hurt, we will close entry into the country for a period of time until we can get it under control. The whole border.”
In that case, Mexico would take an economic hit, he said, citing an inability to ship cars into the U.S. for sale.
“We’re either going to have a border or we’re not,” Trump said.

More at: https://apnews.com/c04d229d99244c90a38213e94545c0ff?utm_campaign=Soci alFlow&utm_source=Twitter&utm_medium=AP