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In reply to the discussion: Full, 11-page draft DHS memo outlining using National Guard for immigrant roundup [View all]jmg257
(11,996 posts)26. Haven't you heard of John Warner? George W. Bush?
10 U.S. Code § 332 - Use of militia and armed forces to enforce Federal authority
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.
10 U.S. Code § 311 - Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
10 U.S. Code § 333 - Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws
The John Warner National Defense Authorization Act for Fiscal Year 2007...
https://en.wikipedia.org/wiki/H.R._5122_(2006)
That is assuming they are federalized, which in this case they wouldn't be (according to the memo). They would be emplyees of the state working under direction of the AG.
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Full, 11-page draft DHS memo outlining using National Guard for immigrant roundup [View all]
bigtree
Feb 2017
OP
They may just be throwing out chum. Who knows? If this is NOT from DHS/Kelly
KittyWampus
Feb 2017
#6
I know this was reported in AP, but think the document itself was planted and is a fake
Dream Girl
Feb 2017
#14
Yep. I just have a feeling this isn't real. My spidery sense tells me something's up.
Dream Girl
Feb 2017
#42
"Posse Comitatus" doesn't apply to any National Guard troops acting under control of the governor
PoliticAverse
Feb 2017
#29
Yes - that is the way I read it. But I also think federalizing the units might also be doable
jmg257
Feb 2017
#31
White House has already DENIED this. Either bogus or a dye test for leakers by bogus document.
Bernardo de La Paz
Feb 2017
#37