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CPT Jack Durish
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The only option open to Biden is to send in federal law enforcement personnel to enforce the law. He can't federalize the National Guard without proclaiming a national emergency. What emergency would he proclaim? That he isn't enforcing the law? He can't send in federal armed forces to enforce civilian law. That would be a violation of the posse comitatus act. Let him send the Border Patrol. They can stand behind the razor wire and enforce immigration laws. They don't have to get their feet wet in the Rio Grande.
Now, as to the statements by Administration spokespeople in this video are ridiculous. They're not worth a response.
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Capt Gregory Prickett
Capt Gregory Prickett
3 mo
CPT Jack Durish - "In order for a state to be afforded the protections of the Invasion Clause, it must be exposed to armed hostility from another political entity, such as another state or foreign country that is intending to overthrow the state's government." Padavan v. U.S., 82 F.3d 23 (2nd Cir. 1996) (citing James Madison, "Federalist Papers, No. 43"); see also California v. U.S., 104 F.3d 1086 (9th Cir. 1997); State of N.J. v. U.S., 91 F.3d 463 (3rd Cir. 1996); and Chiles v. U.S., 69 F.3d 1094 (11th Cir. 1995) (as governor of Florida), and so on.

It seems to me that case law does define invasion.
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CPT Jack Durish
CPT Jack Durish
3 mo
Capt Gregory Prickett - Sorry, not all case law is good law anymore than legislation. Often the blame lies at the feet of the attorneys who argue those cases. Judges and juries can't consider evidence that is not presented to them. You and I have had some military experience and could easily offer them a broader vision of what an invasion might look like, especially in these days of hostilities waged by nonstate actors, couldn't we?
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Capt Gregory Prickett
Capt Gregory Prickett
3 mo
CPT Jack Durish - Our opinion doesn't matter. As long as the cases haven't been overruled or narrowed (they haven't, I Shepardized them), they remain good law.
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CPT Jack Durish
CPT Jack Durish
3 mo
Capt Gregory Prickett - You are a lawyer and I am not. We both studied law, but you went into the practice where the idealism was beaten out of you by harsh reality. I remain an idealist. You look at what is and I dream of what I believe should be. It's that simple.
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1SG Russell S.
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Send in the Feds to stop a state from blocking illegal migration that violates US federal law. This will look great.
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LTC Self Employed
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LTC Self Employed
LTC (Join to see)
3 mo
Correction, voice text error. This general confronts a weak President.
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LTC Trent Klug
LTC Trent Klug
3 mo
Biden's mush melon can't comprehend a way out of the mess of his own making.
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