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

[bnelson44]

Amendment is here:

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

[Herakles]

That should get the Republicans through the election hump, then they can keep drag assing and doing their normal BS.

[puppypusher]

If the President and the Senate are going to be playing these games the Republican party is going to be on the outside looking in for a very long time.

I won't stand for this kind of treachery. I just hope the rest of the conservatives don't get suckered by it.

[digger48]

Yeah, I'm gonna rush right out and vote for the first Democrat I see.

[Lurker]

So they're going to turn the NG into 'observers'. How sweet.

L

[Migraine]

What for? To take names and make plaster casts of thousands of footprints headed in the wrong direction? What a joke!

[axes_of_weezles]

Are they going to wear Blue UN helmets too?

[Migraine]

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

[RodgerD]

Not inspiring if true - Hardly a solution for a massive long-term problem, and much more like window dressing.

[Migraine]

Are they going to wear Blue UN helmets too?

That would be an improvement. At least that would entitle them to bribes and sex with the senoritas.

[PetroniusMaximus]

"Hardly a solution for a massive long-term problem, and much more like window dressing."


There seems to be some in-obvious reason they don't this problem solved.

I wonder what it is.

[trubluolyguy]

the troops have no arrest or detention powers

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

---

This being said, no one really knows what the President is going to say Monday night. It is all I can do to try and keep my powder dry this weekend and at least give the man a chance. Although I feel as if I am "giving him enough rope." Oh well, maybe he will reverse course.

[shield]

bttt

[Sir Gawain]

Everyone that's shocked raise your hand. Politicians are the enemy of America.

[kabar]

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

"From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, 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; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment."

10 U.S.C. (United States Code) 375

Sec. 375. Restriction on direct participation by military personnel:

"The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter 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."

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.

[ArtyFO]

Letz see now. They do have the right to defend themselves, I guess. They could also be used to build a fence. Concertina wire or razor wire could be used to build a fence from the Pacific to the Gulf. Letz get innovative. Put their artillery impact areas down on the border. How about a new bombing range that Puerto Rico shut down on us. Rifle ranges could be set up there. Some areas near the border would make a good desert training area. Letz make it dangerous for these coyotes to operate there.

[Ikemeister]

It's window dressing by Bush to try to skate over the issue.

[Birdwatcher]

They can put all the guards they want on the border that they want but they still need detention facilities and the will to use them. They are sorely lacking the will to detain and deport.