1. Joined
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    09 May '21 13:541 edit
    @no1marauder said
    Sorry, my legal source says it is true. As does your own source:
    " While governors can call on Guard members to serve as temporary law enforcers, presidents cannot do so under normal circumstances.
    "Under normal circumstances".
    All that means is the president CAN if he declares a state of emergency.
    What exactly are you arguing about?
  2. Standard memberno1marauder
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    09 May '21 14:10
    @dood111 said
    "Under normal circumstances".
    All that means is the president CAN if he declares a state of emergency.
    What exactly are you arguing about?
    It requires more than a declaration of a "state of emergency". The Insurrection Act reads:

    "Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion."

    https://www.law.cornell.edu/uscode/text/10/252

    Given that there are 800,000 police and over 400,000 National Guardsmen in the US, a situation when it is "impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings", should be rare. Joe was proposing that it be considered the norm so the military could stamp out BLM protests.
  3. Joined
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    09 May '21 14:241 edit
    @no1marauder said
    It requires more than a declaration of a "state of emergency". The Insurrection Act reads:

    "Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may ...[text shortened]... rare. Joe was proposing that it be considered the norm so the military could stamp out BLM protests.
    Oh GOD OK you win, he's gotta use the Insurrection Act.
    What's the difference?
    He can still do it if needed to maintain public order and control civilian unrest.
    SOOOO WHAAAAT?
    You've never been in the military, have you?
    NG troops get called to active duty for many reasons and serve alongside regular army troops all the time.
  4. Standard memberno1marauder
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    09 May '21 14:39
    @dood111 said
    Oh GOD OK you win, he's gotta use the Insurrection Act.
    What's the difference?
    He can still do it if needed to maintain public order and control civilian unrest.
    SOOOO WHAAAAT?
    You've never been in the military, have you?
    NG troops get called to active duty for many reasons and serve alongside regular army troops all the time.
    No one said they didn't.

    It's NOYFB, but I was in the military.
  5. SubscriberAverageJoe1
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    09 May '21 15:03
    @dood111 said
    Oh GOD OK you win, he's gotta use the Insurrection Act.
    What's the difference?
    He can still do it if needed to maintain public order and control civilian unrest.
    SOOOO WHAAAAT?
    You've never been in the military, have you?
    NG troops get called to active duty for many reasons and serve alongside regular army troops all the time.
    Marauder could use a nap. Ask him how the Texas National Guard is authorized, or being used, to pick up the trash left by the invaders at our southern border. Is that an emergency? He has me confused too. I think I am needing a nap.
    Get ready for links., He will pull a Lexis Nexis on you, he apparently has wide-ranging sources.
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    09 May '21 15:351 edit
    @averagejoe1 said
    Marauder could use a nap. Ask him how the Texas National Guard is authorized, or being used, to pick up the trash left by the invaders at our southern border. Is that an emergency? He has me confused too. I think I am needing a nap.
    Get ready for links., He will pull a Lexis Nexis on you, he apparently has wide-ranging sources.
    ask him who gives orders to the Washington DC NG.

    "The D.C National Guard was formed in 1802 by President Thomas Jefferson to defend the newly created District of Columbia. As such, the Commanding General of the D.C. National Guard is subordinate solely to the President of the United States. This authority to activate the D.C. National Guard has been delegated, by the President, to the Secretary of Defense and further delegated to the Secretary of the Army. The D.C. National Guard is the only National Guard unit, out of all of the 54 states and territories, which reports only to the President. "

    he doesnt have a clue.

    https://dc.ng.mil/About-Us/
  7. Joined
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    09 May '21 15:41
    @no1marauder said
    Sorry, my legal source says it is true. As does your own source:

    " While governors can call on Guard members to serve as temporary law enforcers, presidents cannot do so under normal circumstances. The Posse Comitatus Act generally prohibits the president from using the military in this role."
    your 'legal source" is wrong. But there isnt one is thgere, you are making things up.

    lets go straight to the source...

    "The key to state active service is that Federal Law provides the Governor with the ability
    to place a soldier in a full-time duty status under the command and control of the State
    but directly funded with Federal dollars. Even though this duty status is authorized by
    Federal statute, this section is a statutory exception to the Posse Comitatus Act; the
    Governor may use the Guard in a law enforcement capacity; and the chain of command
    rests within the State. "


    https://www.nationalguard.mil/About-the-Guard/Army-National-Guard/Resources/News/ARNG-Media/FileId/137011/
  8. Standard memberno1marauder
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    09 May '21 16:123 edits
    @mott-the-hoople said
    your 'legal source" is wrong. But there isnt one is thgere, you are making things up.

    lets go straight to the source...

    [b]"The key to state active service is that Federal Law provides the Governor with the ability
    to place a soldier in a full-time duty status under the command and control of the State
    but directly funded with Federal dollars. Even though th ...[text shortened]... //www.nationalguard.mil/About-the-Guard/Army-National-Guard/Resources/News/ARNG-Media/FileId/137011/
    Nothing there contradicts what I said; just because the Feds are paying for something doesn't make it "federalized" - the Federal government routinely funds many programs which are under State control. From your quote:

    "the chain of command rests within the State. "

    I'm puzzled; I already give you the cite for my legal source -(https://www.everycrsreport.com/reports/R42659.html)
    how am I "making it up"? Here's another from the Military Times:

    " it is well established that the Posse Comitatus Act (Section 1385 of Title 18, United States Code) prohibits federal forces from domestic law enforcement activities unless the president has directed operations under the Insurrection Act or related provisions under U.S. Code Title 10, which covers use of the armed forces. Yet, the Posse Comitatus Act does not apply to members of the National Guard in a state status authorized by U.S. Code Title 32 and under the command and control of their respective state or territorial governor exercised through an adjutant general."

    https://www.militarytimes.com/opinion/commentary/2021/03/18/the-national-guard-can-do-it-but-that-doesnt-mean-its-a-good-idea/
  9. Standard memberno1marauder
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    09 May '21 16:14
    @mott-the-hoople said
    ask him who gives orders to the Washington DC NG.

    "The D.C National Guard was formed in 1802 by President Thomas Jefferson to defend the newly created District of Columbia. As such, the Commanding General of the D.C. National Guard is subordinate solely to the President of the United States. This authority to activate the D.C. National Guard has been delegated, by ...[text shortened]... ies, which reports only to the President. "

    he doesnt have a clue.

    https://dc.ng.mil/About-Us/
    Did you read your own quote?:

    "The D.C. National Guard is the only National Guard unit, out of all of the 54 states and territories, which reports only to the President. "

    And why is that? Because of the unique status of the District.

    You keep proving you are wrong. Thanks.
  10. Joined
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    09 May '21 17:545 edits
    @no1marauder said
    Not when they are federalized thus my point is accurate:

    "National Guard units, state defense forces, and naval militias[17] while under the authority of the governor of a state. However, when the National Guard is federalized under 10 U.S.C. § 12406, that shifts control from the state governor to the President, making Guard operations subject to the Posse Comitatus Act as well."

    https://en.wikipedia.org/wiki/Posse_Comitatus_Act
    you are posting a bunch of words then claiming they say something different.

    Your original statement...

    "the US has a law forbidding the military from being used for domestic law enforcement.

    I have proven that is not true. The national guard does provide policing actions.

    The NG is policing in DC right now.

    not many know that newsome had aircraft ready during lock downs...

    "The members expected directives to ready ground troops to help state and local authorities respond to disturbances triggered by resistance to stay-at-home rules or panic over empty store shelves.

    But then came an unusual order: The air branch of the Guard was told to place an F-15C fighter jet on an alert status for a possible domestic mission, according to four Guard sources with direct knowledge of the matter.

    Those sources said the order didn’t spell out the mission but, given the aircraft’s limitations, they understood it to mean the plane could be deployed to terrify and disperse protesters by flying low over them at window-rattling speeds, with its afterburners streaming columns of flames. Fighter jets have been used occasionally in that manner in combat zones in Iraq and Afghanistan, they said.


    https://www.latimes.com/california/story/2021-04-23/california-national-guard-fighter-jet-election-coronavirus-protests

    You are simply wrong, no amount of word twisting will change that.
  11. Standard memberno1marauder
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    09 May '21 21:33
    @mott-the-hoople said
    you are posting a bunch of words then claiming they say something different.

    Your original statement...

    "the US has a law forbidding the military from being used for domestic law enforcement.

    I have proven that is not true. The national guard does provide policing actions.

    The NG is policing in DC right now.

    not many know that newsome had aircraf ...[text shortened]... navirus-protests

    You are simply wrong, no amount of word twisting will change that.
    To be clear, you're denying the Posse Comitatus Act exists?
  12. SubscriberAverageJoe1
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    09 May '21 23:21
    @no1marauder said
    To be clear, you're denying the Posse Comitatus Act exists?
    Did Marauder comment on the TX Guard cleaning up trash litteed by the illegals? You witnesses here, of course, my deep-seated concern about these cultures who will infiltrate our society, starting with littering, following up with rape, etc. Duchess and you Marxists call my disdain “racist”. Naaa, this one incident proves CULTURE!! Do you think that the illegals strowed trash everywhere because of their RACE?!?!?! Hahahahahahahahaha
    I need my own Forum. Fold up your tent, Marauder.
  13. Standard memberno1marauder
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    09 May '21 23:31
    @averagejoe1 said
    Did Marauder comment on the TX Guard cleaning up trash litteed by the illegals? You witnesses here, of course, my deep-seated concern about these cultures who will infiltrate our society, starting with littering, following up with rape, etc. Duchess and you Marxists call my disdain “racist”. Naaa, this one incident proves CULTURE!! Do you think that the illegals stro ...[text shortened]... of their RACE?!?!?! Hahahahahahahahaha
    I need my own Forum. Fold up your tent, Marauder.
    Contrary to your thesis, the terrible crime of littering is hardly limited to certain "cultures".
  14. Joined
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    09 May '21 23:51
    @no1marauder said
    To be clear, you're denying the Posse Comitatus Act exists?
    is the National Guard policing Washington DC as we speak? yes or no
  15. Joined
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    09 May '21 23:521 edit
    @no1marauder said
    To be clear, you're denying the Posse Comitatus Act exists?
    nah, you are just dead wrong but cant admit it
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