CBS News‘s David Martin obtained the memo signed by White House chief of staff John Kelly declaring troops may use force — lethal force — to protect federal personnel at the southern border.
However, Secretary of Defense James Mattis insists troops will not be armed with firearms.
The memo states, troops “may perform those military protective activities that the secretary of defense determines are reasonably necessary to ensure the protection of federal personnel, including a show or use of force (including lethal force, where necessary), crowd control, temporary detention, and cursory search.”
“The deployed military personnel shall not, without further direction from you, conduct traditional civilian law enforcement activities, such as arrest, search, and seizure in connection with the enforcement of the laws,” the memo goes on to say.
The Military Times first reported it and then Newsweek. We reported it after Newsweek published the information.
There are 5700 troops at the border at this time.
NO FIREARMS, THE BORDER IS NOT MILITARIZED
Mattis confirmed the memo but he said: “there has been no call for any lethal force from DHS.” Military police will be armed “with shields, not firearms,” Mattis said, adding that troops “do not have arrest authority.”
Mattis said that if troops do witness someone beating a border patrol agent, they would intervene and hold onto the culprits just long enough — “minutes” — to turn them over to law enforcement. Mattis also said “some of the troops” will be home by Christmas.
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IT COULD END UP BEING A PROBLEM
The Posse Comitatus Act prohibits the military from using force to execute the laws. The exception is by express authorization from the Constitution or Congress, not the President.
“If an army unit along the border sees an agent in distress or is informed of one, the general view is that they can probably go to their aid to safeguard themselves or the agent,” George Washington University law professor Jonathan Turley told CBS News’ Sara Cook.
“But in terms of the systemic use of the military like we have today, this is far more problematic and runs contrary to statutory and constitutional norms. What the president has done would not normally be viewed as a legitimate use of the military. There have been no reports of agents at risk along the border. The use of the military to law down concertina wire and perform tasks gets dangerously close to law enforcement functions.”
Under these conditions, if they want to storm the border as they have threatened, they will succeed. The illegals are being invited by leftists — Democrats — in this country and they have their backs.
RELATED STORY: IT’S THEIR “INTENTION” TO STORM THE BORDER
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