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Historic NY

(37,463 posts) Thu Jun 21, 2018, 10:01 AM Jun 2018

Pentagon sending military lawyers to border to help prosecute immigration cases

Twenty-one military lawyers are being sent to Arizona, Texas and New Mexico to help prosecute illegal immigration cases, the Defense Department told MSNBC on Wednesday night.

The lawyers, who are to have "criminal trial experience," will be appointed as full-time special assistant U.S. attorneys for up to 179 days, or around six months, the Defense Department said in confirming the plan, which was first reported by MSNBC's "The Rachel Maddow Show."

The plan is outlined in internal Defense Department emails obtained by MSNBC. According to the emails — which appear to be dated last month and one of which is labeled "An urgent request" — the Justice Department sought applicants for the positions "while we staff up" with permanent assistant U.S. attorneys.
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According to the docu

[link:https://www.nbcnews.com/storyline/immigration-border-crisis/pentagon-sending-military-lawyers-border-help-prosecute-immigration-cases-n885216|]

6 replies

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Pentagon sending military lawyers to border to help prosecute immigration cases (Original Post) Historic NY Jun 2018 OP

Ok somebody has to tell me why this doesn't fall under Posse Comitatus Act HAB911 Jun 2018 #1

An exception exists DetroitLegalBeagle Jun 2018 #4

perfect HAB911 Jun 2018 #5

thanks, found it HAB911 Jun 2018 #6

Mattis could have said no atreides1 Jun 2018 #2

I wish NBC would call them asylum cases. Garrett78 Jun 2018 #3

HAB911

(8,957 posts)

1. Ok somebody has to tell me why this doesn't fall under Posse Comitatus Act

Reply to Historic NY (Original post)

Thu Jun 21, 2018, 10:14 AM

Jun 2018

The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States.

You can tell I'm not a lawyer so help

DetroitLegalBeagle

(1,928 posts)

4. An exception exists

Reply to HAB911 (Reply #1)

Thu Jun 21, 2018, 10:41 AM

Jun 2018

10 USC 806(d). I can't find the thread anymore, but someone else posted up the tweet that pointed it out. Was passed in 1986 and allows JAGs to represent the Feds in civil and criminal cases if their assistance is requested by federal agencies.