{"id":121443,"date":"2018-11-05T12:00:00","date_gmt":"2018-11-05T12:00:00","guid":{"rendered":"https:\/\/www.transcend.org\/tms\/?p=121443"},"modified":"2018-11-02T18:56:33","modified_gmt":"2018-11-02T18:56:33","slug":"trump-mocks-rule-of-law-by-saying-active-duty-troops-might-open-fire-on-migrants","status":"publish","type":"post","link":"https:\/\/www.transcend.org\/tms\/2018\/11\/trump-mocks-rule-of-law-by-saying-active-duty-troops-might-open-fire-on-migrants\/","title":{"rendered":"Trump Mocks Rule of Law by Saying Active-Duty Troops Might Open Fire on Migrants"},"content":{"rendered":"
\"\"<\/a>

On the migrant caravan. (Save the Children)<\/p><\/div>\n

1 Nov 2018 – <\/em>Donald Trump said today that he is ordering the active-duty U.S. troops he is sending to the southern border to open fire on migrants if they throw rocks.<\/p>\n

Trump is using the last days before the midterms to conjure up an \u201cinvasion\u201d scenario to rile up his political base.<\/p>\n

But in threatening to actually use the military against would-be asylum seekers, he\u2019s also making a mockery of the rule of law, which specifically prohibits U.S. troops from engaging in domestic law enforcement. (His proposal to limit the ability of migrants to request asylum also appears to break U.S. and international law<\/a>.)<\/p>\n

Asked by a reporter if U.S. troops might fire on the migrant caravan full of women and children that is currently about 900 miles away, and moving very slowly, Trump said: \u201cI hope not, I hope not \u2014 but it\u2019s the military.\u201d<\/p>\n

Then he explained: \u201cThey want to throw rocks at our\u00a0military, our military fights\u00a0back.\u00a0We\u2019re gonna consider, and I told them\u00a0consider it a rifle.\u00a0When they throw rocks like they\u00a0did at the Mexico military and\u00a0police, I say consider it a\u00a0rifle.\u201d<\/p>\n

The scenario is absurd. When what\u2019s left of the rag-tag caravan makes it to the U.S. border, their intent is to apply for asylum, not storm the barricades.<\/p>\n

The Pentagon has insisted that the troops being sent to the border would operate purely in a supporting role, helping with logistics, transportation and engineering. That\u2019s because the troops\u2019 activities on domestic soil are strictly limited by the Posse Comitatus Act, which establishes the prohibition of military involvement in domestic law enforcement.<\/p>\n

University of California at San Diego law professor Harry Litman does a particularly effective job of explaining the significance in a Washington Post op-ed today<\/a>:<\/p>\n

Its obscure name and rare deployment notwithstanding, the Posse Comitatus Act enshrines the bedrock democratic idea that civil society is separate from and superior to military force, and that regulation of citizens by military is antithetical to liberty.<\/em><\/p>\n

Civil law enforcement is governed by constitutional protections and accountability to the court. Military force is governed by the law of war and the imperative of national defense against other militaries. They serve critically different functions, practically and morally; and they ought not overlap.<\/em><\/p><\/blockquote>\n

I wrote on Tuesday<\/a> about the danger posed by Trump\u2019s casual use of\u00a0active-duty troops for nakedly political purposes.<\/p>\n

Vermont Senator Patrick Leahy expressed outrage<\/a> at Trump\u2019s lates comments: \u201cI didn\u2019t think I\u2019d live to see the day when an American president threatens lethal military force against individuals who are throwing rocks. The professionals in our military are among the best in the world, and have invested countless hours and tax dollars in training about the lawful use of force to accomplish their mission. The illegal and immoral practice the President endorsed is beneath their and our country\u2019s dignity.\u201d<\/p>\n

Jamil Dakwar, director of the ACLU\u2019s human rights projects, tweeted:<\/p>\n

That\u2019s blatant incitement to violence and extra-judicial killings. https:\/\/t.co\/dCJk4x1Koo<\/a><\/em><\/p>\n

\u2014 Jamil Dakwar (@jdakwar) November 1, 2018<\/a><\/em><\/p><\/blockquote>\n

Also today, Deborah Pearlstein, a Cardozo law school professor, pointed out that the current deployment of about 2,000 National Guard troops is arguably a violation of the law.<\/p>\n

The Guard deployment was authorized under Title 32 of the U.S. Code, which allows the Guard to be used for operational homeland defense activities<\/a>. That means providing protection that is \u201ccritical to national security, from a threat or aggression against the United States.\u201d<\/p>\n

Pearlstein, in a conference call arranged by the American Constitution Society, said there is obviously no immediate threat to the homeland \u2013 nothing remotely like an \u201cinvasion\u201d of the sort Trump warns about.<\/p>\n

\u201cI actually think it is a national security concern,\u201d she said, but only \u201cbecause it is a national security threat for the president to apply troops in this way.\u201d<\/p>\n

She continued: \u201cThe word \u2018war\u2019 and the words \u2018national security\u2019 get used all the time\u2026. If you care about those kinds of threats out there, avoiding the temptation to let that language be overused and misused is very important.\u201d<\/p>\n

Go to Original \u2013 whitehousewatch.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

1 Nov 2018 – Donald Trump said today that he is ordering the active-duty U.S. troops he is sending to the southern border to open fire on migrants if they throw rocks. Trump is using the last days before the midterms to conjure up an \u201cinvasion\u201d scenario to rile up his political base.<\/p>\n","protected":false},"author":4,"featured_media":121444,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[65],"tags":[],"class_list":["post-121443","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-anglo-america"],"_links":{"self":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/121443","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/comments?post=121443"}],"version-history":[{"count":0,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/121443\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media\/121444"}],"wp:attachment":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media?parent=121443"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/categories?post=121443"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/tags?post=121443"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}