ABC News’ Jonathan Karl thought it would be a good idea to ask Harvard Law School graduate Kayleigh McEnany to explain the mechanism by which President Trump can send DHS personnel into U.S. cities at the briefing today. . .
BIG MISTAKE, JONATHAN:
Asked by ABC's @jonkarl what part of the Constitution gives Trump authority to act in Portland, WH @PressSec Kayleigh McEnany cites 40 U.S. Code 1315, which gives DHS authority to deputize agents to protect federal propertieshttps://t.co/92MKMWGDRv
— Christian Datoc (@TocRadio) July 21, 2020
More on that here:
40 U.S. Code § 1315, which @PressSec is referring to in her briefing right now, says DHS employees can be used "as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property."
— John Fritze (@jfritze) July 21, 2020
But the law also says this: "While engaged in the performance of official duties, an officer or agent designated under this subsection may…carry out such other activities for the promotion of homeland security as the Secretary may prescribe."
— John Fritze (@jfritze) July 21, 2020
Democrats hardest hit:
Todays required reading for Democrats in Oregon.
“40 U.S. Code § 1315. Law enforcement authority of Secretary of Homeland Security for protection of public property”
Just one of the litany of State & Federal laws you refuse to admit exists. #orpol
— Drew A. Layda (@Layda2018) July 21, 2020
And to answer Karl’s question about the part of the Constitution that allows President Trump to do this, here’s George Washington Law Professor Jonathan Turley:
Jon Karl just asked McEnany where in the Constitution does the Trump have the right to send law enforcement into these cities against the will of the local officials. It would start with Article II. The President may send in federal officials into any city https://t.co/TJskstS5rt
— Jonathan Turley (@JonathanTurley) July 21, 2020
Dems hardest hit, again:
Federal enforcement is not "by invitation only." The use of federal agents to protect federal property or enforce federal law does not depend on local permission. There may be legitimate questions on how that authority is used but not the right to use the authority.
— Jonathan Turley (@JonathanTurley) July 21, 2020
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