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HOUSTON — An investigation is underway after two men wearing ski masks and claiming to be police were shot and killed at a home in southeast Houston Friday night, according to the Houston Police Department.
So,
I suspect sooner or later real ICE agents are going to get the same reception. At which point Trump will use it as an excuse for total warfare on the citizens of the US.
This is EXACTLY what I said to my wife just yesterday not having any knowledge about this situation. Sooner or later, the people will have had enough of masked FBI/ICE approaching them, whether in the streets or in their homes, refusing to identify themselves or show proper arrest/search warrants, and they'll start to exercise their 2nd Amendment right to self-defense. But I suspect that is EXACTLY what this president wants.
Pres. Trump is sending ARMED military into Washington, DC under the same questionable pretext of "high, violent crime". Notice that:
- Washington DC is the only U.S. city whose existence is mandated by the U.S. Constitution. (Art. I, Sect. 8, cls 17)
- Washington DC is the only U.S. city with its own National Guard (which is controlled by the SecDef by authority of the POTUS; Exec. Order No. 11485 refers)
Per EO 11485, the DCNG can be called upon to patrol the DC city streets to "aid civil authorities and local law enforcement", but the order doesn't specify what aid is to be provided and under what circumstances. For such specifics, one must look to the law most likely governing national disasters/emergency, insurrection and rebel against the United States. And that is the point of this post.
Trump and his White House Legal Counsel all know that unless there is a national emergency/disaster/crisis that only the military can resolve, he cannot unilaterally call up the "militia", i.e., the military, at a whim. Art. I, Sec. 8, cls 16 refers, to wit:
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
In short, the POTUS cannot call upon the National Guard of any state except as prescribed by law (i.e., the Insurrection Act*), specifically, to halt a rebellion or insurrection, or to assist in a natural disaster or national emergency. But I suspect he'll wait patiently until society rebels against these masked federal law enforcement agents before setting the National Guard against the population. All he needs is one act of resistance to pull the trigger (figuratively and quite literally).
*The Insurrection Act was the exact justification under existing law both JFK and LBJ used to issue their Executive Orders to call up each state's National Guard units to disburse rowdy segregationist in MS and AL during the Civil Rights Era.