National Guard troops have temporarily detained civilians in LA protests, commander says
About 500 National Guard troops in LA are trained to accompany agents on immigration raids
"There's a reason you separate military and the police. One fights the enemies of the state, the other serves and protects the people. When the military becomes both, then the enemies of the state tend to become the people."
-Commander William Adama, Battlestar Galactica (2004)
I wish they tied up BSG with an ending that demonstrated the cylon plan.
Yeah, I love BSG, but about half the time I rewatched it I end up just forgetting to continue about when they start working with the cylons. I think they didn't actually know what the plan was when writing the show, and then it just sort of stops.
In my opinion, the show in general just has a very slow steady decline. It starts as some of the best TV I've ever seen, and then they obviously can't just keep doing the same thing and it starts losing it's place I feel.
There was that TV movie called "The Plan", which was basically about the show from the cylons' perspective, and trying to work their actions into a somewhat coherent narrative. But the titular "plan" was essentially just winging it.
The line from the show's intro though, "and they have a plan", that was not something the showrunners originally wanted. The network made them add it in.
Posse Comitatus Act
IANAL but was wondering these things myself, and here's my understanding:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
18 U.S.C § 1385 - Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus; amended ... Dec. 27, 2021, 135 Stat. 1904.
Trump cited 10 U.S.C § 12406 in his presidential memorandum "ordering into Federal service the appropriate members and units of the National Guard under this authority," thus no longer excluding them from the Act.
Whenever— (1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation; (2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or (3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
10 U.S.C. § 12406 - National Guard in Federal service: call
It has been argued that the requirements for 10 U.S.C § 12406 have not been met, but also that "the president likely has the authority to call out the National Guard in a merely supportive role," as reported by CBS News (emphasis mine.)
I unfortunately don't have time to summarize the nuances, requirements, and exceptions to the Insurrection Act as they apply to this situation at the moment, which, as others pointed out, is another exception to the Posse Comitatus Act, but I hope this at least helps some. I am in no way defending the deployment of the National Guard or Marines in this situation, just trying to understand the facts myself and hopefully provide value to others.
"Several days of training"
That seems sufficient /s
Unless the guard troops are working directly with law enforcement, or are there at the request of the state, or the Insurrection Act has been invoked, none of which have happened or are the case, then it is completely illegal for them to be detaining anyone for any reason. Those troops should be refusing to follow those illegal orders.
Yes, but will it be judged legal later by the courts? That is not an academic question and disobeying illegal orders require them to be judged illegal.
The average reservist is not a legal expert but knows things are wacky. They not going to forfeit too much by guessing wrong. Especially when things are mild like this.
If we make it out the other end the bastard should hang for treason
So all the rabid 2A’ers are like “now’s our time, let’s go!” right? ……..right????
Pretty sure a significant part of them are already on their way to do that .... right after they put on their blue uniform and pick up some more rubber shells.
That’s a bingo!
The last thing we want to do is mobilize the gun Community. The 2nd Amendment is ony when the 1st Amendment has failed.
So far the 1st is looking strong. I'm so far left that I own many weapons. I also know that we don't want to give the few psychotic military commanders like this a reason to shoot protesters.
Socialists should all have arms and know how and when to use them. Liberals have constantly pushed people on the left to disarm themselves and made claims that only the right have arms. Very few people on the left will tell liberals they own firearms because they have been told to fear the gun instead of the person wielding the firearm.
I hope we never have to fight a protracted guerrilla war in America. We aren't close to that yet, and I pray I never need to use my arms to protect my family and community. That's where gun owners are.
We are only needed when the military fully takes up arms against the population.
Thank you for this excellent and well thought-out response - agree 100%.
“Detained” my ass.
There's a loophole, and it allows the national guard to do this. From the Wikipedia article:
The Act does not prevent the Army National Guard or the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor.
Kind of surprised the national guard are not included when all other branches were included during the Biden administration
Those who work forces...
But the title is not correct?
Per the article -
[Sherman] later said he was incorrect, and that he had based his comments on photos and footage he had seen that turned out to not be a representation of Guard members in Los Angeles.
He said that as of Wednesday, none of the troops has detained a protester.
Of course, it's always possible he's not telling the truth.
Temporarily fucking them a little.
Sucks troops are about to the first to be taken down before cops.
Unconstitutional. They are now categorically a occupying enemy force.
Where are all the 2A folks who brag nonstop about resisting tyranny?
They're wearing ICE badges
in thier red states, which trump is avoiding sending ice and troops , by the way where most of the "illegal/undocumented immigrants are", meat packing plants, farm picking crops.,,,etc/.
Most gun owners are MAGA these days. When they talked about resisting tyranny they basically meant they were racist and didn’t like Obama. They are all for what is happening now.
People like me who are liberal gun owners are rare and there mostly aren’t enough of us to protest together effectively.
This is thanks to the rest of you being anti-gun. Hopefully, though it’s too late at this point, you see how fucking retarded it is to be anti-gun in a world where your adversaries are fascists.
In my state I now have to apply for a permit just to buy a firearm, take a class, and I’m not sure what else. This, even though I already own firearms including a so-called assault rifle, all while possessing a license to carry a concealed pistol.
That’s the kind of shit people like you voted for, advocated for, and killed off liberal interest in n firearms by doing.
This reality is what you helped create while our politicians lapped it up - easier to blame guns than help people with their mental health issues. Cheaper too!
So go fuck yourself.