Via The Military Times:
The White House late Tuesday signed a memo allowing troops stationed at the border to engage in some law enforcement roles and use lethal force, if necessary — a move that legal experts have cautioned may run afoul of the Posse Comitatus Act.
The new “cabinet order” was signed by White House Chief of Staff John Kelly, not President Donald Trump. It allows “Department of Defense military personnel” to “perform those military protective activities that the Secretary of Defense determines are reasonably necessary” to protect border agents, including “a show or use of force (including lethal force, where necessary), crowd control, temporary detention. and cursory search.”
There are approximately 5,900 active-duty troops and 2,100 National Guard forces deployed to the U.S.-Mexico border. Some of those activities, including crowd control and detention, may run into potential conflict with the 1898 Posse Comitatus Act. If crossed, the erosion of the act’s limitations could represent a fundamental shift in the way the U.S. military is used, legal experts said.
The Posse Comitatus Act, was enacted in 1878, and forbids the use of the United States Army, and through it, its offspring, the United States Air Force, as a posse comitatus or for law enforcement purposes without the approval of Congress.
The original provision was enacted as Section 15 of chapter 263, of the Acts of the 2nd session of the 45th Congress.
Sec. 15. 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
LOCK HIM UP! LOCK HIM UP! LOCK HIM UP!
