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Rick Perry Too Timid with the National Guard? [Texas lawyers get it wrong]
American Thinker ^ | July 26, 2014 | Jonathon Moseley

Posted on 07/26/2014 6:54:40 AM PDT by Moseley

The American people cheered – starved for any crumb of leadership and faithfulness to constitutional duties – at the news of Governor Rick Perry calling out the Texas National Guard to patrol the Texas-Mexican border. Then, within the hour, Texas officials conceded that the inadequate contingent of 1,000 guardsmen will not actually do anything but stand around.

Texas officials now admit that the 1,000 guardsmen will simply be a “visual deterrent” – for appearances only. The Texas government argues that the Texas National Guard will not have authority to arrest anyone under the Posse Comitatus law. But that is absurd.

Mexican criminal gangs have been firing 50-caliber machine guns across the border at U.S. border patrol agents on the Texas side of the border as recently as Friday, July 18, as reported Congressman Louie Gohmert (R-TX) on Fox News and confirmed by Border Patrol sources.

No civilian armor can protect against fearsome 50-caliber bullets. Agents were sent scrambling behind natural barriers in the terrain, as 50-caliber bullets “ricocheted all around” them. These extremely powerful military-grade weapons make a distinctive sound, explained Border Patrol agents who took fire. These may well be the same 50-caliber machine guns that Eric Holder’s Justice Department provided to Mexican criminals under the “Fast and Furious” project that the Obama Administration still won’t tell us about.

Yet Rick Perry will send the National Guard simply to stand around and look good, and maybe call the Border Patrol if they see anything. Governor Perry will treat trained soldiers as little more than a neighborhood watch or a fashion show for admirers of men in uniform.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Foreign Affairs; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: border; mexico; nationalguard; rickperry; texas
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I should point out that I believe the hack lawyers advising Governor Rick Perry in Texas are getting their law from the editorial pages of the New York Times and from the Huffington Post, rather than from the law books.

Read entire article at: http://www.americanthinker.com/2014/07/rick_perry_too_timid_with_national_guard.html

1 posted on 07/26/2014 6:54:40 AM PDT by Moseley
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To: Moseley
Governor Perry Press Release

Snip
Gov. Rick Perry today directed Texas Adjutant General John Nichols to immediately begin
preparations for the deployment of up to 1,000 National Guard troops to the border.
These troops will support the Texas Department of Public Safety's (DPS) ongoing law
enforcement surge, Operation Strong Safety, which is focused on combatting criminal
activity
in the region resulting from the federal government's failure to adequately
secure the border.
end snip

2 posted on 07/26/2014 7:06:32 AM PDT by deport
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To: Moseley

I have been apprising anyone who will listen: DO NOT put military on the border – UNLESS they have very finite direction as to what their mission and the ROE are to be. Are they to shoot illegals? Apprehend them? Body block them? Put them on a bus? Isn’t that what is already happening? Sounds like a set up for courts martial.

It is not that our country lacks the means to secure the border. It lacks the will. Do not put soldiers in that no-win predicament.


3 posted on 07/26/2014 7:11:18 AM PDT by Temujinshordes
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To: Moseley

WalMart greeters


4 posted on 07/26/2014 7:17:57 AM PDT by cripplecreek (Remember the River Raisin.)
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To: Temujinshordes
It is not that our country lacks the means to secure the border. It lacks the will. Do not put soldiers in that no-win predicament.

THIS.

5 posted on 07/26/2014 7:20:48 AM PDT by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
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To: Temujinshordes

I’ve only had one cup of coffee, but I think I heard Perry say that he would not alert the drug cartel to what the guard would or would not do. But it would indeed be criminal if the guard only went there to observe.


6 posted on 07/26/2014 7:21:20 AM PDT by odawg
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To: Moseley

Don’t believe a word of this. It is bs.


7 posted on 07/26/2014 7:27:36 AM PDT by buffaloguy
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To: odawg

The hard truth is that we are dealing with political symbolism in an election year from a Republican Party that will ultimately push through its own version of “comprehensive immigration reform”.


8 posted on 07/26/2014 7:28:28 AM PDT by Nextrush (OBAMACARE IS A BAILOUT FOR THE HEALTHCARE INDUSTRY)
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To: Moseley
Perry just lost any chance at presidency in 2016. Best to quit even trying.

This is an example of a real ars that really doesn't get it. Guard should be patrolling the border with loaded weapons. Orders are to shoot back if shot at. If this is an example of what is left to America, we are really finished.

9 posted on 07/26/2014 7:28:55 AM PDT by Logical me
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To: Temujinshordes
You have a lot of question marks in your reply, let me add a few more.

If illegal entry is a misdemeanor, punishable by fines, and/or jail time, and deportation, how severe or lax should your intervention be?

If illegal re-entry is a felony, punishable by fines and/or jail time, and deportation, how severe or lax should your intervention be?

If visa overstay is a civil infraction, punishable by fines/jail time, and deportation, should there not be more effort put forth to apprehend these illegals?

What about the illegals already in? If there are 1,650,000 illegals in Texas and that is 6.7% of the population, and 1,100,000 illegals in the Texas workforce which is 9% of the total Texas workforce, what are you going to do about them? Would you send the National Guard into west Dallas?

10 posted on 07/26/2014 7:33:54 AM PDT by Ben Ficklin
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To: odawg
If they're on the border just to observe, it's Rick Perry playing politics at a great financial cost to Texans. If they're keeping the hordes from entering from Mexico and returning people to their homelands it's a gutsy move and worth every cent. Am I exaggerating....no. If a governor or SOMEONE took some forceful action that their political consultants didn't fashion, it's worth every cent.

I would tell Governor Perry and all of the other govs that these troops are called NATIONAL GUARD for a reason. And governors have the authority to call them up for that reason. Governors have been as useless as the DC crowd in this crisis.

11 posted on 07/26/2014 7:37:03 AM PDT by grania
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To: Moseley

This article was clearly written by someone with limited understanding of PC and how it applies. These Texas guardsmen are not on T10 orders.

The whole premise of the article is flawed. The flaw stems from a lack of knowledge, and assumptions and inferences about what they think the orders


12 posted on 07/26/2014 7:46:26 AM PDT by BlueNgold (Have we crossed the line from Govt. in righteous fear of the People - to a People in fear of Govt??)
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To: BlueNgold

... Will be. How about we wait and see what shape reality takes before we assail this action based on assumptions and ignorance.


13 posted on 07/26/2014 7:48:25 AM PDT by BlueNgold (Have we crossed the line from Govt. in righteous fear of the People - to a People in fear of Govt??)
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To: Ben Ficklin

“Would you send the National Guard into west Dallas? “

Yews, I would, but Perry hasn’t got to the balls to do it! Perry needs to get off the stage and see if Gregg Abbott is any better at real leadership.


14 posted on 07/26/2014 8:18:18 AM PDT by vette6387
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To: Moseley

I’m a major supporter of posse commatatus but I don’t think its a violation if the National Guard are right at the border interdicting illegals and fighting the cartels. I’m not talking about the border stations 45 miles inland which are ridiculous anyway. I’m talking patrolling these remote areas and crossing points along the Rio Grande where they swim across every day and night.


15 posted on 07/26/2014 8:29:31 AM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Moseley
I should point out that I believe the hack lawyers advising Governor Rick Perry in Texas are getting their law from the editorial pages of the New York Times and from the Huffington Post, rather than from the law books.

… has no-one read the TX Constitution on this matter?

TX Constitution, Art 4, Sec. 7. COMMANDER-IN-CHIEF OF MILITARY FORCES; CALLING FORTH MILITIA.
He shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.

16 posted on 07/26/2014 8:31:43 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: BlueNgold

The Guard are plainly not there to act as border patrol, or DPS. Rick said so.

The Guard are acting only as observers. Rick said so.

The Guard are there to “show a presence”. Rick said so.

This means they are authorized to wear a uniform, to be assigned a rock to stand on, and as necessary the Guardsmen are allowed to point, and to say, “Look over there.”

Rick said as much.

There are questions whether they are even armed, or armed with rubber bullets. They may not arrest, or detain. They are there to basically watch the INVASION.


17 posted on 07/26/2014 8:33:27 AM PDT by RitaOK ( VIVA CRISTO REY / Public education is the farm team for more Marxists coming.)
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To: Temujinshordes
I have been apprising anyone who will listen: DO NOT put military on the border – UNLESS they have very finite direction as to what their mission and the ROE are to be. Are they to shoot illegals? Apprehend them? Body block them? Put them on a bus? Isn’t that what is already happening? Sounds like a set up for courts martial.

It is not that our country lacks the means to secure the border. It lacks the will. Do not put soldiers in that no-win predicament.

By definition, no order to kill invaders can be illegal because the highest law of the land, the Constitution, says the following:

Art 4, Section. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
Indeed orders preventing it are treason by Constitutional definition.
18 posted on 07/26/2014 8:36:28 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: TADSLOS
It lacks the will

Well, the American people seem to have a lot of will in promoting illegality and socialism.

19 posted on 07/26/2014 8:41:26 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: RitaOK

Sounds like the people of TX aren’t getting our money’s worth from Rick. I hope Abbott can be a forceful candidate, or he could go under on November 4 with the other invaders.


20 posted on 07/26/2014 8:43:05 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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