Another Scam? (the troops have no arrest or detention powers - only for one year)

Polipundit ^ | 5/13/06

[bnelson44]

A Polipundit reader has reviewed the Goode Amendment - the "send troops to the border" provision and discovered some disturbing facts: The troops amount to one soldier with one current border patrol agent

the troops have no arrest or detention powers

THEY WOULD ONLY BE STATIONED AT THE BORDER FOR ONE YEAR.

http://polipundit.com/index.php?p=13314

Here is the pre-amble;

“To amend title 10, United States Code, to authorize the Secretary of Defense to assign members of the Army, Navy, Air Force, and Marine Corps, under certain circumstances and subject to certain conditions, to assist the Department of Homeland Security in the performance of border protection functions.”

Sounds good right?

OK, here is the dirty little secrets.

“(d) Conditions of Use- (1) Whenever a member who is assigned under subsection (a) to assist the Bureau of Border Security or the United States Customs Service is performing duties at a border location pursuant to the assignment, a civilian law enforcement officer from the agency concerned shall accompany the member.”

So, each military member will simply now be a buddy for a Border Patrol guy.

Now look at this;

“(2) Nothing in this section shall be construed to–

(A) authorize a member assigned under subsection (a) to conduct a search, seizure, or other similar law enforcement activity or to make an arrest;”

So, the military has nada authority.

BUT it gets better;

“(h) Termination of Authority- No assignment may be made or continued under subsection (a) after September 30, 2007.’.”

This is a ONE YEAR DEAL!!!!!!!!!!!!!!

If this is not a replay of the 1986 Act I do not know what is.

http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.1986

[Revel]

I did not even have to read this to know it was a scam to quiet down the base. The truth of the matter is that the leaders of this country will stop at nothing to keep the borders open and to give illegal aliens amnesty. If they be Republican or Democrat...It makes no difference. They are playing chicken with the American people and they believe that they are going to win. After all- they always do. We are too spineless to vote them all out and replace them with good people who put American interest first. In this day and age that would have to be people who would be labeled kooky and radical by the mainstream media. They would also be people who were not greedy enough in life to aquire the money and resources to be known well enough to ever get elected. So the decline goes on.

[kabar]

Agree. It is supposed to placate those of us who want to strengthen our borders including building physical barriers as deemed necessary. A political show of placing some troops on the borders for the short term and touting virtual fences won't do it. The politicos want to make the problem go away by legalizing the illegals the same way they did in 1986. It's a scam.

[Revel]

"In a nutshell, this act bans the Army, Navy, Air Force and Marines from participating in arrests, searches, seizure of evidence and other police-type activity on U.S. soil. The Coast Guard and National Guard troops under the control of state governors are excluded from the act."


Which is why in a nutshell this whole thing is meaningless and only serves to falsely appease us and to tie up tax dollar money to keep the boarder guards company.

[bnelson44]

In a nutshell, this act bans the Army, Navy, Air Force and Marines from participating in arrests, searches, seizure of evidence and other police-type activity on U.S. soil. The Coast Guard and National Guard troops under the control of state governors are excluded from the act.

You need to re-read this part:

except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress

In other words: Unless Congress passes a law saying they can guard the border... which I thought this law was suppose to be.

[Mo1]

the troops have no arrest or detention powers

It's because they are militry ..

[bnelson44]

Read my post #24

[DuncanWaring]

Not surprising at all. It agrees with the The Posse Comitatus Act of 1878

That's nice.

This is not a law-enforcement issue, so the Posse Comitatus act is irrelevant.

This is a quiet invasion by another nation.

From Article I, Section 8 of the US Constitution, a authorized function of the federal government:

"To provide for calling forth the Militia to ... repel Invasions;"

[Mo1]

In a nutshell, this act bans the Army, Navy, Air Force and Marines from participating in arrests, searches, seizure of evidence and other police-type activity on U.S. soil. The Coast Guard and National Guard troops under the control of state governors are excluded from the act.

Exactly .. and I'm sure Bush will be blamed for The Posse Comitatus Act of 1878 also

[bnelson44]

#27 pretty much addresses your statement

[Mo1]

In other words: Unless Congress passes a law saying they can guard the border... which I thought this law was suppose to be.

I would be very surprised if Congress passes that law

But if they do .. it will only be temporary

[kabar]

In other words: Unless Congress passes a law saying they can guard the border... which I thought this law was suppose to be.

Which law are you talking about? Posse Comitatus or the Goode Amendment?

Clearly the Goode amendment is meant to allow the troops (other than NG and Coast Guard)to guard the border but it appears that it still restricts their activities currently prohibited under Posse Comitatus, i.e., "does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law."

So we can send the troops to the borders, but they can't perform BP functions. LOL

[bnelson44]

So when the CG see a boat smuggling illegal aliens they should do what? Wave at them?

[TheLion]

Was afraid of this yesterday when I first read of the plan.

[rolling_stone]

Names, my butt. How about aliases like Frito Bandido and Juan Valdez?

Don't forget those famous hard working Mexicans Rolando Ocampo de Mota, Juan Perez and Fulano de Tal and the namesake of the city of "family values" Tia Juana.

[familyop]

None of the President's several actions against illegal immigration will please people who only react emotionally and subjectively to one issue.

From The Collaborative International Dictionary of English v.0.48 :

  Hysteria \Hys*te"ri*a\, n. [NL.: cf. F. hyst['e]rie. See
     Hysteric.] (Med.)
     A nervous affection, occurring almost exclusively in women,
     in which the emotional and reflex excitability is
     exaggerated, and the will power correspondingly diminished,
     so that the patient loses control over the emotions, becomes
     the victim of imaginary sensations, and often falls into
     paroxism or fits.
     [1913 Webster]
  
     Note: The chief symptoms are convulsive, tossing movements of
           the limbs and head, uncontrollable crying and laughing,
           and a choking sensation as if a ball were lodged in the
           throat. The affection presents the most varied
           symptoms, often simulating those of the gravest
           diseases, but generally curable by mental treatment
           alone. Hysteric

[MizSterious]

Reading this, it would almost seem as though if another country is invading, we wouldn't have the authority to protect our own borders after one year. Well, in fact, that's exactly what's happening. We're being invaded by our neighbor to the south. Such a set of rules is ludicrous--and dangerous.

Actually, I suspect there is a way around these limitations. Let's hope they find it, and implement it.

[Raycpa]

Even the Patriot Act isn't permanent.

[trubluolyguy]

Maybe the troops will be giving only 100 bullets to use daily for that year.

---

Yes, and maybe a green monkey from outer space will land on the White House lawn....Look, I agree with you. I am ticked off as all hell about our southern border. But I am willing to at least hear the President out on Monday before coming to any conclusions. If he dares use that half sentence, "Jobs Americans won't do" during his speech I will be among the first nailing his hide to the smokehouse door. I am just saying lets wait until Monday.

[Revel]

Here is what Arnold thinks(From the Drudge Report):

"SCHWARZENEGGER SAYS NATIONAL GUARD ON BORDER 'NOT RIGHT WAY TO GO'
Fri May 12 2006 20:38:01 ET

California Gov. Arnold Schwarzenegger has come out against putting National Guard troops on the border, as President Bush will suggest on Monday night in a nationally televised speech.

"There is all kinds of talk about now that should we use the National Guard," Schwarzenegger explains. "I think that the key thing is that we secure our borders. Going the direction of the National Guard, I think is maybe not the right way to go because I think that the Bush administration and the federal government should put up the money to create the kind of protection that the federal government is responsible to provide."

"Not to use our National Guard, soldiers that are coming back from Iraq, for instance, and that have spent a year and a half over there and now they are coming back. I think that we should let them go to work, back to work again."

Developing..."

[TomGuy]

Full text of the amendment from Thomas

To amend title 10, United States Code, to authorize the Secretary of Defense to assign members of the Army, Navy, Air Force, and Marine Corps, under certain circumstances and subject... (Introduced in House)

HR 1986 IH

109th CONGRESS

1st Session

H. R. 1986

To amend title 10, United States Code, to authorize the Secretary of Defense to assign members of the Army, Navy, Air Force, and Marine Corps, under certain circumstances and subject to certain conditions, to assist the Department of Homeland Security in the performance of border protection functions.

IN THE HOUSE OF REPRESENTATIVES

April 28, 2005

Mr. GOODE (for himself, Mr. JONES of North Carolina, Mr. TANCREDO, Mr. SESSIONS, Mr. NORWOOD, Mr. LEWIS of Kentucky, Mr. DUNCAN, Mr. CULBERSON, Mr. DEAL of Georgia, Mrs. CUBIN, Mr. PRICE of Georgia, Mr. SULLIVAN, Mr. FORBES, Mr. KING of Iowa, Mrs. JO ANN DAVIS of Virginia, Mr. HAYES, Mr. BOOZMAN, Mr. SAM JOHNSON of Texas, Mr. SHIMKUS, Ms. FOXX, Mr. GUTKNECHT, Mr. HAYWORTH, Mr. GOODLATTE, Mr. SHUSTER, Mr. WAMP, Mr. GALLEGLY, Mr. GARRETT of New Jersey, Mr. HOSTETTLER, Mr. TAYLOR of North Carolina, Mr. ALEXANDER, Mr. BARRETT of South Carolina, Mr. SENSENBRENNER, Ms. GINNY BROWN-WAITE of Florida, Mr. BRADY of Texas, and Mr. COBLE) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

---

A BILL

To amend title 10, United States Code, to authorize the Secretary of Defense to assign members of the Army, Navy, Air Force, and Marine Corps, under certain circumstances and subject to certain conditions, to assist the Department of Homeland Security in the performance of border protection functions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO ASSIST BUREAU OF BORDER SECURITY AND BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES OF THE DEPARTMENT OF HOMELAND SECURITY.

(a) Assignment Authority of Secretary of Defense- Chapter 18 of title 10, United States Code, is amended by inserting after section 374 the following new section:

`Sec. 374a. Assignment of members to assist border patrol and control

`(a) Assignment Authorized- Upon submission of a request consistent with subsection (b), the Secretary of Defense may assign members of the Army, Navy, Air Force, and Marine Corps to assist--

`(1) the Bureau of Border Security of the Department of Homeland Security in preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States; and

`(2) the United States Customs Service of the Department of Homeland Security in the inspection of cargo, vehicles, and aircraft at points of entry into the United States to prevent the entry of weapons of mass destruction, components of weapons of mass destruction, prohibited narcotics or drugs, or other terrorist or drug trafficking items.

`(b) Request for Assignment- The assignment of members under subsection (a) may occur only if--

`(1) the assignment is at the request of the Secretary of Homeland Security; and

`(2) the request is accompanied by a certification by the Secretary of Homeland Security that the assignment of members pursuant to the request is necessary to respond to a threat to national security posed by the entry into the United States of terrorists, drug traffickers, or illegal aliens.

`(c) Training Program Required- The Secretary of Homeland Security and the Secretary of Defense, shall establish a training program to ensure that members receive general instruction regarding issues affecting law enforcement in the border areas in which the members may perform duties under an assignment under subsection (a). A member may not be deployed at a border location pursuant to an assignment under subsection (a) until the member has successfully completed the training program.

`(d) Conditions of Use- (1) Whenever a member who is assigned under subsection (a) to assist the Bureau of Border Security or the United States Customs Service is performing duties at a border location pursuant to the assignment, a civilian law enforcement officer from the agency concerned shall accompany the member.

`(2) Nothing in this section shall be construed to--

`(A) authorize a member assigned under subsection (a) to conduct a search, seizure, or other similar law enforcement activity or to make an arrest; and

`(B) supersede section 1385 of title 18 (popularly known as the `Posse Comitatus Act').

`(e) Establishment of Ongoing Joint Task Forces- (1) The Secretary of Homeland Security may establish ongoing joint task forces if the Secretary of Homeland Security determines that the joint task force, and the assignment of members to the joint task force, is necessary to respond to a threat to national security posed by the entry into the United States of terrorists, drug traffickers, or illegal aliens.

`(2) If established, the joint task force shall fully comply with the standards as set forth in this section.

`(f) Notification Requirements- The Secretary of Homeland Security shall provide to the Governor of the State in which members are to be deployed pursuant to an assignment under subsection (a) and to local governments in the deployment area notification of the deployment of the members to assist the Department of Homeland Security under this section and the types of tasks to be performed by the members.

`(g) Reimbursement Requirement- Section 377 of this title shall apply in the case of members assigned under subsection (a).

`(h) Termination of Authority- No assignment may be made or continued under subsection (a) after September 30, 2007.'.

(b) Commencement of Training Program- The training program required by subsection (b) of section 374a of title 10, United States Code, shall be established as soon as practicable after the date of the enactment of this Act.

(c) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 374 the following new item:

`374a. Assignment of members to assist border patrol and control.'.