An army lt. colonel e-mails:
I just read on The Corner, discussion of The Drudge Report headline on the National Guard going to the border.
As the “details” have not been released, I can tell you what the details will be as this is taught in the military law phase of ROTC Cadet instruction.. This is Hurricane Katrina redux.
President Bush can not send National Guard Troops to the border for law enforcement. If the President federalizes the National Guard they no longer can perform law enforcement per the Posse Comitatus Act.
They would not be able to lawfully aprehend migrants under a Presidential mobilization.
National Guard Troops can only guard their respective States borders and apprehend migrants only when they are in their own respective State under the control of their respective Governor. This is an extremely small pool of soldiers in just four States. Also, the Guard is not a full time force. They are part time soldiers. An extended deployment on the border will cause many to transfer to the US Army Reserve.
Unfortunately, this is nothing but show.