It’s Official: Authorization Given For Troops To Use Lethal Force At Border If Necessary!

Here's more, from Newsweek:

As 400 military police officers from the U.S. Army redeployed to San Diego, the Trump administration approved the use of troops for law enforcement tasks at the southern border, stating that they are permitted to employ lethal force, according to a White House memo obtained by Newsweek.

The "decision memorandum" was signed by President Donald Trump on Tuesday and ran through Derek S. Lyons, a Harvard-educated lawyer and White House staff secretary to John Kelly, the White House chief of staff and former U.S. Marine general. The documents were obtained from a Defense Department source. 

Kelly signed the memo late Tuesday authorizing U.S. service members to perform “military protective activities,” allowing service members to use “a show or use of force (including lethal force, where necessary), crowd control, temporary detention, and cursory search,” as determined by Defense Secretary James Mattis to protect agents with Customs and Border Protection (CPB).

The news of the memo was first reported by The Military Times on Wednesday morning but said the president did not sign off on the White House directive. The memo obtained by Newsweekshows Trump signed off on the order to Mattis. (You can read the full memo at the bottom of this article.)

The White House issued the memo on the same day Newsweek reported that U.S. Army North will shift roughly 400 military police officers from the port of entry in Brownsville, Texas, to the San Ysidro Land Port of Entry in San Diego over the next three days, according to a Defense Department source with knowledge of the southern border mission.

The military police officers will support Border Patrol agents as the initial wave of migrants reaches the California-Mexico border.

A spokesman for U.S. Army North told Newsweek Wednesday morning that they had not received any guidance about the White House memo as the Defense Department would be ironing out the operational particulars of the directive.

Mattis told reporters in a press gaggle at the Pentagon Wednesday that U.S. forces would not violate the Posse Comitatus Act, the 1878 federal statute that restricts the government’s ability to use the U.S. military as a police force. However, Mattis did indicate that the new authorities give U.S. forces an expanded law enforcement role to protect Border agents. 

“I now have the authority to do more. Now we’ll see what she asks me to do," Mattis said Wednesday, referring to Homeland Security Secretary Kirstjen Nielsen.

Earlier this month, Trump suggested he wanted to change the rules of engagement for U.S. troops and Border Patrol Agents when he spoke to reporters in the Roosevelt Room at the White House. 

“Anybody throwing stones, rocks, like they did to Mexico and the Mexican military, Mexican police, where they badly hurt police and soldiers of Mexico, we will consider that a firearm,” Trump said. "We’re not going to put up with that. They want to throw rocks at our military, our military fights back. I told them to consider it a rifle.”

Defense Department sources speaking to Newsweek moments after Trump concluded his comments said that service members at the southern border had not received intelligence about “bad actors" contrary to the president's remarks and there had not been a change to the use of force rules that would permit service members to treat rocks as firearms.

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Military Times had more on the story:

The White House late Tuesday signed a memo allowing troops stationed at the border to engage in some law enforcement roles and use lethal force, if necessary — a move that legal experts have cautioned may run afoul of the Posse Comitatus Act.

The new “Cabinet order” was signed by White House Chief of Staff John Kelly, not President Donald Trump. It allows “Department of Defense military personnel” to “perform those military protective activities that the Secretary of Defense determines are reasonably necessary” to protect border agents, including “a show or use of force (including lethal force, where necessary), crowd control, temporary detention. and cursory search.”

However an earlier “decision memo” that came to the same recommendations that were contained in the “cabinet memo” was signed by President Trump, according to documents obtained by Newsweek.

There are approximately 5,900 active-duty troops and 2,100 National Guard forces deployed to the U.S.-Mexico border.

Some of those activities, including crowd control and detention, may run into potential conflict with the 1878 Posse Comitatus Act. If crossed, the erosion of the act’s limitations could represent a fundamental shift in the way the U.S. military is used, legal experts said.

And so did the Washington Examiner:

President Trump's chief of staff, John Kelly, reportedly signed a "Cabinet order" late Tuesday that gives the thousands of U.S. troops deployed to the U.S.-Mexico border permission to carry out some law enforcement tasks and use force in certain situations in dealing with as many as 10,000 Central American migrants who have traveled to the country as part of a caravan. 

The memo says "Department of Defense military personnel" can "perform those military protective activities that the Secretary of Defense determines are reasonably necessary” to protect themselves and all U.S. Customs and Border Protection personnel, including “a show or use of force (including lethal force, where necessary), crowd control, temporary detention. and cursory search," according to the Military Times. 

Approximately 5,800 active-duty troops and 2,100 National Guard troops are stationed at various regions of the southern border. 

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