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To: Spktyr

Please link or quote case law.

Your response is a serious endangerment of the US so if 500,000 showed up, we would bow to the judge and say oops, can’t do anything they re unarmed. How about million or two or 500,000 a month. Put yourself in the WH and tell me you would do nothing.

My reading is the military can be sued to provide barriers. i have mentioned specifically less than stahl force. Also they wouldn’t be stopping asylum seekers since the seekers can go to points of entry.

I see no reason we can’t stop letting murderers and drug smuggler and human traffickers into the country and using the military to do so.

As president i would use the emergency declaration and risk impeachment to protect the country.

The problem is we are leaking like a sieve and at6 90,000 per month it is national crisis.

Feel free to answer the questions above. n If the caravans increased 10 fold, i suppose you would give the same answer.


35 posted on 04/14/2019 12:52:23 PM PDT by morphing libertarian ( Use Comey's Report; Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: morphing libertarian

I didn’t say I *agreed* with it or supported it. Just pointing out that this is what the law/long standing court interpretations of it are.

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

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

https://www.militarytimes.com/news/your-military/2018/10/31/federal-law-limits-what-us-troops-deployed-at-the-border-can-do/

” That means the troops will not be allowed to detain immigrants, seize drugs from smugglers or have any direct involvement in stopping a migrant caravan that is still about 1,000 miles from the nearest border crossing.”

Prior case law:
https://fas.org/sgp/crs/natsec/R42659.pdf
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1459&context=ylpr
https://sites.duke.edu/lawfire/2018/04/16/what-does-the-law-say-about-putting-troops-on-the-border/

Bottom line: For past 40 odd years, the courts have pretty consistently rules that unarmed illegals entering the country are a law enforcement issue and that posse comitatus applies - military may not be used to apprehend them.

Many of us were screaming at Congress to fix this in 2017-2018. Much like so much else TurtleCo/Lyin’ Ryan didn’t do and slowwalked, this didn’t go through.


41 posted on 04/14/2019 5:29:08 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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