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Trump backs away from declaring national emergency over wall – live
.theguardian.com ^ | Jan 11, 2019 | Adam Gabbatt in New York

Posted on 01/11/2019 12:40:32 PM PST by 11th_VA

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To: Cedar

I wholeheartedly agree! Why the hell do you suppose that the majority of US military are based in the former Confederate states? They are there as a reminder, that resistance is futile. Move the majority of them to the southwest, and treat posse comitatus as it was intended. Posse comitatus didn’t stop the government from building posts on the western territories during the Indian wars, nor building posts in the south to enforce Reconstruction.


81 posted on 01/12/2019 6:28:16 AM PST by Segovia
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To: CottonBall

can I quote you on that in sixty days?


82 posted on 01/12/2019 6:31:10 AM PST by Segovia
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To: entropy12

excuse me... what law that Congress passed enacted chain migration? What law allows sanctuary cities? what law granted illegals DACA? YOU are part of the problem.


83 posted on 01/12/2019 6:40:30 AM PST by Segovia
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To: Segovia
Are you too lazy to search Wikipedia?

"The Immigration and Nationality Act Amendments of 1965 (the Hart-Celler Act) abolished the system of national-origin quotas. There was, for the first time, a limitation on Western Hemisphere immigration (120,000 per year), with the Eastern Hemisphere limited to 170,000. The law changed the preference system for immigrants. Specifically, the law provided preference to immigrants with skills needed in the U.S. workforce, refugees and asylum seekers, as well as family members of U.S. citizens. Family reunification became the cornerstone of the bill. At the time, the then-chairman of the Senate Immigration Subcommittee Edward Kennedy remarked that "the bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs." (U.S. Senate, Subcommittee on Immigration and Naturalization of the Committee on the Judiciary, Washington, D.C., Feb. 10, 1965. pp. 1–3.)"

https://en.wikipedia.org/wiki/History_of_laws_concerning_immigration_and_naturalization_in_the_United_States

Sanctuary cities is not a federal law. It is laws passed by individual cities, counties, states. You do not know that?

It is the family based preference in immigration law which allows a new immigrant (not yet US citizen, that takes 5 years of waiting without crime) to sponsor brothers, sisters, uncles, aunts, nephews, nieces, cousins, brothers-in-laws, etc. The NY city terrorist who attacked people with a truck sponsored 22 relatives! No test required for skills, education, wealth or English ability.

84 posted on 01/12/2019 6:56:04 AM PST by entropy12 (One million LEGAL immigrants/year is too many, without vetting for skills, Wealth or English skills.)
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To: BeauBo

Yes!

“I draw your attention to the unusual polling data about the wall.”

“There is no polling data about the wall.”

“That is what’s so unusual about it.”


85 posted on 01/12/2019 7:06:54 AM PST by BradyLS (DO NOT FEED THE BEARS!)
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To: Nifster

I question this story. Smell too much of fake news, to me.

Trump continues to operate well inside the enemy OODA Loop.


86 posted on 01/12/2019 7:50:26 AM PST by Redleg Duke (Disarming Liberals...Real Common Sense Gun Control!)
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To: EliRoom8

As usual the Dems have so many avenues to block this President. Judges most importantly will block anything he attempts to do. I honestly do not see how the President can win at this point. No wall, broken promise to his followers, National Security order, blocked by Judge, goes to SC and with Roberts we know how that will go. Repubs will cave as usual. If government goes long time no pay, it’s going to be bad outcome for both parties.


87 posted on 01/12/2019 9:04:43 AM PST by Engedi
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To: central_va; Rashputin

Also, National Guard personnel can be deputized by State Governors with Law Enforcement authorities, like arrest, without violating the Posse Comitatus Act, which otherwise excludes the Military from domestic Law Enforcement.


88 posted on 01/12/2019 10:13:35 AM PST by BeauBo
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To: 11th_VA

All Talkie-No Walkie


89 posted on 01/12/2019 10:47:27 AM PST by heights
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To: Segovia

“you may be satisfied with lip service, not all of us are... Fool.”

I don’t understand what you are talking about. I think you may have misinterpreted what I wrote. You are wrong to insult me.

The President has put a high degree of pressure on the Democrats, who are the problem. It is going to require huge pressure to make them give up concessions.

The President is also applying incentives for them to deal, and also applying such carrots and sticks to their emotional and political motives. It is a political battle.

So he has a full spectrum effort at work. I think it is masterful, and long-planned.

Before the Republicans gave up the House, VP Pence had negotiated with Sen. Schumer for about $2.5 billion per year, for two years. Some of that money would go toward wall (most), and some toward technology, more people (BP and judges) and more holding capacity for detainees. It would have built some significant barrier, but not really stopped the flow.

President Trump passed on that deal, and is swinging for the fences, for funding a challenging program that will strain (but not likely break) the Corps of Engineers ability to contract, contractors ability to ramp up, and potentially drive up the price of steel in the short term - as well as more technology, people and capacity.

I think he holds a trump card in his authority to use emergency funds, and is forcing the Dems to deal to inflict political damage on them in the process.

So, far from lip service, this is the most substantial effort to really address the problem that we will likely see. This is the main battle of the Border/Immigration War, and it is being fought on many fronts at once - budgetary, political, in the media.

The political and media aspects are critical - that is where a few weeks of exposing the Dems to the public is so powerful. If the Dems are crushed politically their first month holding the House, their whole strategy of offense with subpoenas and impeachment is derailed. The best defense is a good offense.

I believe that President Trump takes a long view of strategy, whether it is realigning our trade relationship with China, defeating the Dems in 2020, or getting the wall built.

A lot of prep has gone into the wall program. A program management office has been established, which has studied the whole border to develop a comprehensive plan - determine the route for the wall, prioritize the segments, and define the requirements and design specifications.

The Army Corps of Engineers, in support of the program, has developed two standing contracts (Eastern and Western) each with a pool of pre-approved capable vendors, who can rapidly bid on each segment. They have exercised these contracts, and successfully ramped them up with more and faster awards for more miles (40 for FY17, 80 for FY18 - but awarded faster).

Legally, all the objections and delaying nuisance lawsuits have been overcome. DHS has waived dozens of restricting and delaying laws (environmental, etc.) and overcome the resulting court challenges. The right of way/eminent domain process with private landowners has also been tested and proven. The President has stated that they front-loaded much of that work.

So now the program is ready to expand more rapidly. The who, what where and how are all clearly defined - all they need is money. Getting that money is a major political battle, and has to fought on the political battlefield. That is what we are witnessing, right on schedule with the wall building program, which just committed most of the money they had left in Nov and Dec.

Dragging the Dems over the coals, where they must daily try to defend their indefensible position while a lot of attention is focused is not an accident - it is a main feature of the strategy.

The Art of the Deal.


90 posted on 01/12/2019 11:03:33 AM PST by BeauBo
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To: Segovia

“Why the hell do you suppose that the majority of US military are based in the former Confederate states?”

Milder Winters, and the need for military readiness year round.


91 posted on 01/12/2019 11:07:35 AM PST by BeauBo
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To: BradyLS

Polling data about the wall, FYI:
http://www.pollingreport.com/immigration.htm


92 posted on 01/12/2019 11:46:37 AM PST by Nero Germanicus
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To: Nero Germanicus

Thank you for the link!


93 posted on 01/12/2019 12:07:00 PM PST by BradyLS (DO NOT FEED THE BEARS!)
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To: BradyLS

My pleasure! :-)


94 posted on 01/12/2019 2:30:11 PM PST by Nero Germanicus
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To: BeauBo

Posse Comitatus does not apply to the military used for border enforcement. I do not know where that crazy idea got started the idea that the military cannot patrol borders?


95 posted on 01/12/2019 4:39:39 PM PST by central_va (I won't be reconstructed and I do not give a damn)
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To: central_va

“Posse Comitatus does not apply to the military used for border enforcement.”

It has been interpreted (and written into Army and Navy Regulations) to bar the Military from domestic law enforcement functions, including at the border.

So they have long been prohibited from arresting people for violating US or State Law (like drugs or immigration). They could engage an invading military force.

In recent years there has been some additional flexibility written into the specific instance of enforcing border security, but it has not yet been tested.

The National Guard however, is specifically allowed to be deputized by State Governors to perform Law Enforcement functions, including arrest and detention. There is a long history of their law enforcement use - mostly during natural disasters, but also during rioting.


96 posted on 01/12/2019 5:58:33 PM PST by BeauBo
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To: BeauBo
It has been interpreted (and written into Army and Navy Regulations) to bar the Military from domestic law enforcement functions, including at the border.

Did you make that up? So post the references to that? Is it in the UCMJ? Where are those regs? Even if true the interpretation is incorrect and can be changed.

97 posted on 01/12/2019 6:03:39 PM PST by central_va (I won't be reconstructed and I do not give a damn)
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To: BeauBo
The Presidents can and have used Federal troops to enforce laws inside the USA let alone on the border:

LBJ sends federal troops to Alabama

98 posted on 01/12/2019 6:11:00 PM PST by central_va (I won't be reconstructed and I do not give a damn)
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To: central_va

Here is something from a cursory search: (https://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1251/MR1251.AppD.pdf)

” Although the Navy and Marine Corps are not included in the act, they were made subject to it by DoD Regulation(32 C.F.R. Section 213.2, 1992).

KEY EXCEPTIONS TO THE POSSE COMITATUS ACT:

•National Guard forces operating under the state authority of Title32 (i.e., under state rather than federal service) are exempt fromPosse Comitatus Act restrictions.

•Pursuant to the presidential power to quell domestic violence,federal troops are expressly exempt from the prohibitions of Posse Comitatus Act, and this exemption applies equally to active-duty military and federalized National Guard troops.

•Aerial photographic and visual search and surveillance by mili-tary personnel were found not to violate the Posse ComitatusAct.

•Congress created a “drug exception” to the Posse Comitatus Act.Under recent legislation, the Congress authorized the Secretary of Defense to make available any military equipment and personnel necessary for operation of said equipment

The language of the Posse Comitatus Act was further amended by congressional action reflected in P.L. 103-322 (1994). Section 332 states: “When-ever the President considers the unlawful obstructions, combinations, or assemblages,or rebellion against the United States, makes it impracticable to enforce the laws of the United States in any state or territory by the ordinary course of judicial proceedings, he may call into federal service such of the militia of any state, and use such of the armed forces to suppress the rebellion”. Thus, the Army can provide equipment,training, and expert military advice to civilian law enforcement agencies as part of the total effort in the “war on drugs.”

•Use of a member of the Judge Advocate Corps as a special assistant prosecutor, while retaining his dual role in participating in the investigation, presentation to the grand jury, and prosecution, did not violate Posse Comitatus Act.

•The Coast Guard is exempt from Posse Comitatus Act during peacetime.

•Although brought under the Act through DoD regulation, described above, the Navy may assist the Coast Guard in pursuit,search, and seizure of vessels suspected of involvement in drug trafficking.”


99 posted on 01/12/2019 6:19:59 PM PST by BeauBo
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To: BeauBo

It’s a joke because Eisenhower already set a precedent when he used regular Army troops to enforce segregation laws in AK in 1958. So who cares? Just do it. We a a nations of men not laws.


100 posted on 01/12/2019 6:24:37 PM PST by central_va (I won't be reconstructed and I do not give a damn)
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