Tuesday, April 3, 2018

President Trump Can Use POSSE COMITATUS To Secure The Border

18 U.S. CODE § 1385 – USE OF ARMY AND AIR FORCE AS POSSE COMITATUS
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. The purpose of the Posse Comitatus 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 in 1878 following the disputed election of Rutherford B. Hayes in 1876. The Compromise of 1877 marked the end of the Reconstruction Era – and required the removal of occupation Union troops from the South – restoring white supremacy in the South. (You can bet Trump’s racist supporters know this history).
The Posse Comitatus Act does not apply to the Army National Guard and the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state’s governor.
2006[edit]
On September 30, 2006, the Congress modified the Insurrection Act as part of the 2007 Defense Authorization Bill (repealed as of 2008). Section 1076 of the law changed Sec. 333 of the "Insurrection Act," and widened the President's ability to deploy troops within the United States to enforce the laws. Under this act, the President may also deploy troops as a police force during a natural disaster, epidemic, serious public health emergency, terrorist attack, or other condition, when the President determines that the authorities of the state are incapable of maintaining public order. The bill also modified Sec. 334 of the Insurrection Act, giving the President authority to order the dispersal of either insurgents or "those obstructing the enforcement of the laws." The law changed the name of the chapter from "Insurrection" to "Enforcement of the Laws to Restore Public Order."
The 2008 Defense Authorization Bill, repeals the changes made in the 2007 bill.[3]
The 2007 Defense Authorization Bill, with over $500 billion allocated to the military, and which also contained the changes to the Insurrection Act of 1807, was passed by a bipartisan majority of both houses of Congress: 398-23 in the House and by unanimous consent in the Senate.[4] For military forces to be used under the provisions of the revised Insurrection Act, the following conditions must be met:
(1) The President may employ the armed forces, including the National Guard in Federal service, to--
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that--
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that--
(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
To proclaim a state of insurrection is a necessary prerequisite if cascading powers, such as is found in 50 U.S.C. § 212Confiscation of property employed to aid insurrection, are to be used.
Differences between old and new wording[edit]
The original wording of the Act required the conditions as worded in Paragraph (2), above, to be met as the result of
insurrection, domestic violence, unlawful combination, or conspiracy
The new wording of the Act, as amended, still requires the same conditions as worded in Paragraph (2), above, but those conditions could, after the changes, also be a result of
natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition
and only if
domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order.
By provisions in the amended act, Congress was granted the right to be informed immediately and every 14 days thereafter during the exercise of federal authority under these conditions.
Comparison of differences[edit]

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