Posted on 01/26/2024 11:56:41 AM PST by davikkm
Exactly. I was thinking the same thing last night. Being given an order to allow an invasion of criminals, and diseased individuals into the country, thus putting the military and the civilian population in personal danger, and loss of life, is an illegal order. The Border Patrol should have refused to follow any orders given them, based on the same premise.
Insurrection Act.
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State 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, as he considers necessary to enforce those laws or to suppress the rebellion.[10][7]
https://en.wikipedia.org/wiki/Insurrection_Act_of_1807
The point is that the President can invoke the Insurrection Act if judicial decisions are ignored. He can then send in US Army forces to enforce the judicial decisions.
I don’t believe that Johnson federalized the Michigan Guard. He just sent the 82nd and 101st Airborne.
Except that the Biden Administration picks and chooses what court orders it will follow, and which ones they won't. They are even more guilty of the same thing that they will claim Texas is.
barack obama...
Has been since 2021...
Obamahole is hyperbole; merely Obama will do.
-PJ
“National Guard members being mobilized for active service may find that their orders mention Title 10 or Title 32 of the United States Code (U.S.C.), but what exactly does that mean and what is the difference?
To the average soldier, there is no difference — so long as their orders are for more than 30 days.
When mobilized (or activated) under Title 10 U.S.C., you are directed by the president to report for active duty in an official capacity. You are being activated for federal active-duty military service. When in federal service, Guard personnel typically participate in military operations and are entitled to the same pay, benefits and legal protections as active military members.
Activation under Title 32 U.S.C. means that your state’s governor has been authorized or directed by the president to mobilize or activate the National Guard in your state. You perform on active duty under state control, but with pay and benefits provided by the federal government.
If your Title 32 orders are for more than 30 days, you may be entitled to some of the same federal benefits as someone activated under Title 10 orders.
Mobilization orders may come with different duties. Title 10 service can include overseas mobilizations; Title 32 does not. Normally, Title 32 orders are for natural disasters, while Title 10 orders are for national defense. However, this isn’t always the case.
Guard members may also be ordered to active duty solely by command of their state’s governor. This is known as “State Active Duty” or “State Call Up” and generally is in response to state-level disasters. When ordered to State Active Duty or Title 32 orders, Guard members may be granted the ability to act in a law enforcement capacity; this is prohibited when they are activated under Title 10 unless authorized by Congress.
When activated in this manner, Guard members are state employees, not federal employees, and their pay and benefits are determined by state law. They are not eligible for federal benefits.
Orders of 30 days or less still give Guard members basic pay and allowances, as well as travel pay to and from their duty station. They also receive BAH, but at a rate that does not vary by location, commonly known as BAH Type II, If they are activated for more than 30 days, the BAH will be paid based on their permanent duty station location, which is generally more. Tricare Reserve Select and the Tricare Dental program are also available to Guard members and their families for a monthly premium. And all service will give them retirement credit.” https://www.military.com/benefits/reserve-and-guard-benefits/whats-difference-between-title-10-and-title-32-mobilization-orders.html
It does not matter who gives an order. What matters is who FOLLOWS an order.
Idiocracy Ver. 2.
Post-xiden/zero USSA.
Whenever—
(1)the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2)there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3)the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State
in such numbers as he considers necessary
to repel the invasion,
suppress the rebellion,
or execute those laws.
Orders for these purposes shall be issued
through the governors of the States or,
in the case of the District of Columbia,
through the commanding general of the National Guard of the District of Columbia.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)
https://www.law.cornell.edu/uscode/text/10/12406
Posse comitatus is going to be tested. Biden and his crew are just that stupid.
Which is a justice issue, not a legal issue.
“There is no question that the bidum regime is acting unconstitutionally and unlawfully by allowing an invasion of the states.”
Until such time as a Federal court says so, Biden can use any force he chooses.
There are several situations in which the Act does not apply. These include:
National Guard units, state defense forces, and naval militias[19] while under the authority of the governor of a state. However, when the National Guard is under federal control via 10 U.S.C. § 12406, that shifts control from the state governor to the President, making Guard operations subject to the Posse Comitatus Act as well.
Federal troops used in accordance to the Insurrection Act, which has been invoked 23 times, as of 1992.
Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if domestic law enforcement is inadequate to address specific types of threats involving the release of nuclear materials, such as potential use of a nuclear or radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness. The only exemption is the deployment of nuclear materials on the part of the United States Armed Forces.
Provide surveillance, intelligence gathering, observation, and equipment for domestic law enforcement on operations such as drug interdiction and counter-terrorism missions. For example, Delta Force soldiers from Fort Bragg were deployed upon request by the Federal Bureau of Investigation to serve as sniper/observer teams, run communications, provide medical support, gather intelligence, and conduct assistance in explosive breaching during the 1987 Atlanta prison riots.[20]
https://en.wikipedia.org/wiki/Posse_Comitatus_Act
If the left keeps pushing, what better choice is available?
This is what the Bill of Rights is all about. Stand up for them, or lose them.
Either way, your life and livelihood is in peril, so the best option is to fight.
Continuing to capitulate and ignoring the reality of what is happening right now will only make it that much more difficult to set things right when the endgame arrives.
I see this as Good vs Evil. it’s plain as day to me.
The Texas guard is under the governor, but if Biden federalizes them they fall under the PCA and can’t be used against the American people. So if Biden does federalize the guard the sheriffs can deputize Americans to guard the border and the NG can’t be used against them
Exactly.
That order does not authorize its removal, nor does it authorize access to the park in Eagle Pass, and it does not forbid Texas from replacing or repairing and border barrier and from arresting illegals.
So again, what -lawful- reason would Biden have, and why couldn't the head of the Texas Guard simply say the federalization order is unlawful?
Sounds like the democrats plan is much bigger then first expected.
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