GAMECHANGER: Top Pentagon Official Tells Congress: ‘Trump Can Direct The Military To Build The Wall WITHOUT Emergency Declaration’

Posted by on January 31, 2019 10:44 pm
Categories: Column 2

Congressman Mo Brooks: Existing Law Grants Trump Authority to Build The Wall

 

Top Defense Official: Trump Can Authorize Military to Build Wall Without Declaring Emergency

 

Brooks: ‘2,000 murders were committed by illegals in 2018’

 

 

President Trump can build a border wall using the military to stop mass illegal immigration and drug trafficking without funding approval from Congress and without having to declare a national emergency.

 

During a House Armed Services Committee hearing on Tuesday, Under Secretary of Defense for Policy John Rood confirmed to Rep. Mo Brooks (R-AL) that Trump does not need Congress or a national emergency declaration to build a wall along the U.S.-Mexico border.

 

The exchange went as follows:

 

BROOKS: I want to direct your attention to 10 United States Code § 284 which authorizes President Trump to deploy the United States military to the southern border to build fences and to do a lot of other things, and for clarity, if you look it up in the dictionary the word fence includes the word barrier and the word barrier includes walls made of a wide variety of different materials.

 

So that having been said, it seems to me that 10 U.S. Code § 284 can be used by the President of the United States to direct the United States military to build a wall. Now as of today, you’ve mentioned military forces along the southern border, have any of them been deployed pursuant to 10 U.S.C. § 284?

 

ROOD: Congressman, I don’t believe any of our forces have been deployed pursuant to 10 U.S.C. § 284. You are correct, however, that that use of authority would authorize the secretary of defense to erect barriers, roads, fencing, those types of materials to disrupt drug smuggling.

 

BROOKS: Does 10 U.S.C. § 284 as you understand it, require the declaration of a national emergency before it is implemented?

 

ROOD: No.

 

BROOKS: It does not?

 

ROOD: No.

 

BROOKS: Has President Trump, to your knowledge, ever used 10 U.S.C § 284 to direct the military to build the wall that is necessary for border security?

 

ROOD: No, not to my knowledge, Congressman.

 

BROOKS: If President Trump were to direct the Pentagon and the United States military pursuant to 10 U.S.C § 284 to build such barriers as are necessary to secure our southern border from drug trafficking and international crime cartels would the United States military obey that order?

 

ROOD: If we judge it to be a lawful order, yes sir. And I assume it would be.

 

 

*****

 

 

Congressman Andy Biggs made the exact same argument today in this op-ed…

 

 

 

Breitbart is aggressively promoting this story…

 

 

 

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Sande
Sande

Thank you for this information.

RandyWeaverLives
RandyWeaverLives

I get the feeling that the administration has known it can build the wall. The entire wait for the wall isn’t because they couldn’t find out legal cause to build it, as Mo Brooks seems to have done quite quickly and easily on his own, meaning obviously Trump and team were already aware of this option far far far in advance of this day. So what is possibly going on is a stall so that a trade can be made of some sort of Daca or illegal alien amnesty for the border wall. Meaning, we are GIVING away the DACA/mass Amnesty to gain friends and political allies for the remaining years of the presidency,. The wall is taking forever to begin not because a way to finance and build it couldn’t be found (as shown in the story, it was found), no, it is being delayed so that a way to force an amnesty deal upon us, that can be disguised as “we had no choice, to get the important wall you all want, we had to trade some daca amnesty, (any multi-year delay is akin to amnesty, as members of possible future administrations on both sides have proven they can never be trusted on this issue). That will in their eyes cause us lemmings to more easily take the bitter pill, while we declare, “it was hard work and we had to give on DACA, but at least we are getting that border security finally.”
I’m only saying, for all of our sakes, please people, watch closely, now that we know we can get the wall without any deals being made, just watch, will “our team” foist Daca deals and or amnesty upon us?
I pray not, but please keep your eyes and ears open! We don’t have to trade. Why would we?!, to be “nice”?

Clichae
Clichae

With Disreality all things are probable.

Spectacular
Spectacular

How many murdered over the past decades? What’s the total? Definitely a crisis of massive proportions

NC3
NC3

So why has the construction not started? Build the damn wall!

Remington
Remington

It has started, and the build continues as we speak. Funding is needed to complete the build. For some reason, the terminology gets twisted around.

ratrider
ratrider

DemocRATS playing word games in order to obstruct this President. One more step along their plan to make the Office of President of the US a figure head, powerless, to be obstructed and blocked at every opportunity while breaking every law on the books with their “Russia Investigation”. We are looking more and more like Venezuela every day and if the Democrat Socialist Party has their way we will end up where Socialists always end up.
A dictatorship with them at the controls…. by any means necessary.

Acoustic Conservative
Acoustic Conservative

You wonder why Harris, AOC, Booker and some of these other leftists have not moved to Venezuela already. Its exactly what they want, no?
https://youtu.be/3BIFl6NDVek
AC

RandyLee
RandyLee

“where Socialists always end up.”
you mean dead right?? ’cause that is where they all end up eventually.

tony a ochoa
tony a ochoa

Stop these liberal progressive dogs by ANY means nessacary-they are a clear and present danger

StevefromOhio
StevefromOhio

Here’s a little secret for you….it already has been started.

ratrider
ratrider

It has been started, every place there is a real barrier it is having the desired results, BUT like building half a dam only diverts the flow of the river,.. increasing that flow in the open part, it needs to be completed in order for it to work.

nobama
nobama

If it has, then why are illegals still pouring into Arizona on a daily basis?

MAGAmind
MAGAmind

Because of the obvious. California and Texas are the focus for illegal immigration as the larger the population the more electoral votes the states get. If they can grow CA and flip TX, not likely a Repub gov gets elected to the White House ever again.

dr D
dr D

nobama, I really try to be nice, but sometimes it’s hard.

Do you understand the difference between the words “started” vs. “completed” or “partial” vs. “complete”?

Obviously the illegals are going where the barrier isn’t built YET.

Grasshopper
Grasshopper

Maybe fixing here and there However this is different and says it all, “this is a wrap” because our President has not used 284, but he most certainly will now.

BROOKS: Has President Trump, to your knowledge, ever used 10 U.S.C § 284 to direct the military to build the wall that is necessary for border security?

ROOD: No, not to my knowledge, Congressman.

nuthinmuffin
nuthinmuffin

i imagine that president trump wants to use the bully pulpit of the SOTU to announce this…he would have done it last night if the original schedule was followed. i will wait until he speaks to determine my opinion

Scoripowarrior
Scoripowarrior

It has in several places. I saw video showing where they were digging and putting in the steel rods/rails and filling in the bottom with concrete. The upper part of the rods has a wide solid metal panel to prevent them from climbing over. I’ll see if I can find that video and post it.
EDIT: Here is the link for that video! http://a1r.tv/videos/view/18747

dmiller
dmiller

HANG ALL THE WITCHES: PELOSI, SCHUMMER, MARCO RUBIO AND ALL THE REST OF THE OBSTRUCTIONISTS — POLITICIANS AND MSM. BURN THEM ALL. IMMEDIATELY.
—— INMEDIATAMENTE —–

tony a ochoa
tony a ochoa

No,don’t do that-public beheading would be better,

ECA
ECA

Beheading would be sharia-compliant, so the democrats cannot protest it.

Ned
Ned

It took more than two years to find this legal authority…that right there folks is the inefficiency your federal government operates with in every agency, bureau, and administration. The code of federal regulations (CFRs) is huge and written by lawyers. The pumpkinhead federal employees who average $85K a year in salary can’t find or even understand anything in the CFRs. The numerous volumes these are printed in or the massive webpage post used, need to be gone through and stripped down. If Trump wants fewer regulations, he should have started with the CFRs.

GorgoR
GorgoR

This is what all this MuleR(Yes,he is a hybrid between a horse and a donkey) Russia Probe BS is about, distraction. Distracting the POTUS from finding the pieces that would complete the WALL. And, now someone with their eyes open and not distracted found the solution.

ratrider
ratrider

Rome was not built in a day, but it was burned in three,… Trump is having to put out the fires at every turn, if he does nothing but focus on one goal,.. the country is lost. Blocking the border and removing ILLEGALS alone will go a long way to stabilizing OUR elections and reducing voter fraud… … but with half of Mexico and ,most of Somalia voting in our elections we keep getting stuck with the same results.
(Quick fact,..There are more Somali’s living in the US than there are in Somalia,..as well as 1/3 of the population of Mexico) According to LaRaza there are over 65 MILLION ILLEGALS from Mexico living in the US. They would be in a good position to know.

GorgR
GorgR

Hoorah! Eat what you find on the streets of San Francisco, Pelosi! Hah Hah Hah!!!!!!!!!

TommyLew
TommyLew

BUILD THE WALL for the entire 2000 plus miles. PERIOD!

kimtom
kimtom

and “anti torpedo” nets into the water……
😉

ratrider
ratrider

Build it and build it right,.. we have the technology to keep an eye out for what is moving on the mexican side, (every intersection and highway in the US s under some kind of surveillance), but some metal grid that any one with a plasma cutter and a sledge hammer can penetrate in 10 minutes is a waste of money and time. No barrier is impenetrable, but last year we looked at a number of samples of designs, found several that even the best engineers could not penetrate or scale,… so why are we going with a large version of a chain link fence that only does about 25% of the job?

Shi
Shi

Trump can get a lot of the materials to build the Wall from government surplus materials. Anyone with more creativity than myself can erect a super Wall with all the stuff the government sells at bargain prices.

nobama
nobama

Trump has been told of many ways to build this wall and he doesn’t do anything. He is and never was serious about building this Wall or stopping illegal immigration. He only wants to legalize every illegal in this country!

Pied Piper
Pied Piper

Proof earth is two planets, nobama’s and the one I live on.

dr D
dr D

If you’ve been paying attention, it’s pretty obvious that Pres. Trump doesn’t like to do things like Obama, i.e., unilaterally via executive order. He’s been trying to do things the way they’re supposed to be done, i.e., via legislation from the legislative branch – Congress.

He’s been exhausting this process and I think he will proceed very soon and it will be better in the long term.

The dems will not be able to say that he didn’t try to work with them (though they’ll still try). He will be the one that comes out looking better and it could make a difference with the moderates and independents who could decide the election in ’20.

TheseTruths
TheseTruths

Why don’t you change your name to “notrump”?

greg grisham
greg grisham

As far as the hype about drugs, The drug epidemic which is causing serious health and social consequences in our society has absolutely nothing to do with our southern border. Synthetic drugs such as methanpetamine are elaborated in domestic laboratories without any need to smuggle them through border controls and customs. In the case of opioids or heroin all is coming via air thanks to our dedicated servicemen in Afganistan, Columbia and elsewhere. Here is just another publication,
in the long list, that we would rather just deny and dismiss instead of facing up to. In memory of all the victims of the false war on drugs and terror.
https://www.chicagoreviewpress.com/politics-of-heroin–the-products-9781556524837.php
And it didnt start yesterday:
http://www.ctrl.org/boodleboys/boddlesboys2.html

nuthinmuffin
nuthinmuffin

https://www.kesq.com/news/woman-arrested-at-border-for-smuggling-1-000-000-of-methamphetamine/989204237 mexican woman arrested for smuggling 1 million in meth across border…say it ain’t so greg. and when you search, the list goes on and on, sorry pal

greg grisham
greg grisham

sorry pal. In a vehicle through a checkpoint. Not somebody swimming across the Rio Grande or hiking across the desert. Got any better examples. Anyway, the war on drugs is a scam just like the war on terrorism and 911. If we wish to get our country back we have to stop beating around the bush and get to the bottom of everything.

TheseTruths
TheseTruths

So you think no illegal drugs come across the southern border, ever? Because that’s what “absolutely nothing to do with our southern border” means.

Zog
Zog

Most high quality meth comes from mx meth labs. Sorry

Jim
Jim

Sorry, you are very misinformed. Meth is produced in Mexican super labs with precursor chemicals purchased from China. There hasn’t been any substantial domestic meth production in the US in years, when pseudoephedrine was taken off the market. Heroin and fentanyl are coming across the Mexican border, mainly by commercial transport, but also by drug mules on foot. Funneling the traffic with a wall into our ports of entry makes it easier for Border Patrol to intercept.

Roxanna
Roxanna

HOPEFULLY, someone will get this information to President Trump since he seems to believe – as we have all been led to believe – that it would take declaring a national emergency first to build a wall, & that would just be one more thing the opposition could sink its teeth into for further obstruction.

RandyLee
RandyLee

the option for the military has always been on the table. Trump knows about it as does anyone who has been paying attention. Trump wants this to be a bipartisan effort so he keeps trying to do the right thing. and in a perfect world it would be but by now its obvious by now the right thing is to ignore the democrats and keep americans safe from illegal immigration.

dr D
dr D

It’s pretty obvious a lot of people haven’t been paying attention and that he’s been trying to work with Congress – the way it’s supposed to work.

It looks like he will have to do it without them and I think his approach will be best in the long term. As I said above, the dems won’t be able to realistically say that he didn’t try to work with them.

Ted
Ted

So why was this obvious law not used before the largest government shutdown in American history? If you read it, it gives the Dems what they want (electronic surveillance), and Trump, what he (and half of Americans) wants . . . an actual wall/fence. Win/win . . . right????? The only thing is that Mexico isn’t directly paying for it. But there is a precedent for the details being a little off . . . (If you like your doctor . . . . ).

TheseTruths
TheseTruths

The plan was always for Mexico to pay for the wall indirectly, not by writing us a check. And that is going to happen, if it isn’t already.

I doubt this was an obvious law. No administration before this brought it up, either. No conservative staffer found it and brought it up during a Dem administration, when they were all saying we need border security.

bob
bob

there’s various ways he can build it, just like he can declassify FISA docs. The problem is President Cave In likes to do a lot of talking, moaning , groaning and all around bitchin but is short on the action part. Poll show 56% would never consider voting for him again. I have to wonder if that has a lot to do with is constant promising followed by capitulation.

Pied Piper
Pied Piper

You guys are hard at it this morning. Polls are lies and distortions. You know that but quote them anyway, or maybe just make up numbers like pollsters do.

RandyLee
RandyLee

what poll was that? the one you took in your office break room at lunch time? polls mean nothing. remember the poll that said cankles had a 98% chance of being president?

Snipes McTopshelf
Snipes McTopshelf

Ma’am, that poll was based off of ‘registered’voters, not ‘likely’ voters. It’s an inaccurate poll.

Keepitsimplestupid
Keepitsimplestupid

In compliance with 10 USC 284 (h) President Trump should provide notice to congress of the scope of the YUGE wall and that the funding will temporarily come from the military budget to be reimbursed in stages by savings at federal penitentiaries by the extradition of incarcerated illegal aliens back to Mexico, even those from Honduras, el Salvador, etc. This funding mechanism also satisfies the promise by President Trump that Mexico will pay, which by taking these prisoners would satisfy.

dr D
dr D

I think this is the way to do it. I heard Jason Chaffetz mention this on one of the Fox shows a few days ago. My guess is Pres Trump will give Congress 2-3 weeks (for political reasons), even though he knows Nanchuck won’t budge and then proceed with this.

I know a lot of people were screaming that he caved, but this will be the best outcome. People have to be patient.

nuthinmuffin
nuthinmuffin

bazinga

Haveaspine
Haveaspine

Brian Kolfage of We The People Build The Wall and his team are in Texas this week talking to land-owners, contractors, city and state officials and selecting wall sites. They are also talking to contractors who built the wall in Israel. They expect to break ground in the very near future. Trump gave them his blessing. Keep the donations going.

Phyllis
Phyllis

Nancy floundering, lost her wind..

Darrell Michael Richardson
Darrell Michael Richardson

The Constitution allows the POTUS to do whatever is needed to provide for the defense of the nation PERIOD!! The sole function of gov’t is the defense of the nation. Art 2 of the Constitution is clear so is article 1. Congress has failed on their sole duty for DECADES.

TheseTruths
TheseTruths

Go, Mo!

John Saxtorph
John Saxtorph

Das ist fantastisch!

Berzerk50
Berzerk50

They’ve already started building the wall. The Democraps are are just pretending they haven’t so they can show how much they’re “resisting”… The only thing they’re really resisting is reality.

YogicCowboy
YogicCowboy

I always knew it. I have wanted that since Bush 43 took office. Commander in Chief says it all. It is a matter of political will, not Constitutional authority.

founders1791
founders1791

“…If we judge that to be a lawful order. I assume it would be, yes”

founders1791
founders1791

Democrats were told after the Civil War that their disenfranchisement of emancipated blacks was a violation of the Article 4, Sec 4, “guarantee citizens live in a republican form of government”, and that their Electoral Votes would be nullified.

Today, we have in plain sight violation by many states that posses large numbers of non-citizens whom have not separated from their Census numbers so that ‘only citizens’ are counted in the apportionment of representation in congress.

California, Texas, Florida, New York, Arizona, etc., are guilty of this violation, must have their electoral votes voided, and have federal marshals sent to overtake their census certification and elections just like during Reconstruction.

dr D
dr D

Depending on the next Census (especially if the question of citizenship is included), the GOP could be on the losing end of having electoral votes voided from the states you mentioned. FL and TX are gaining population, while blue states NY, IL (and possibly CA) are losing.

Neo
Neo

does anyone out there actually believe Trump didn’t know this long ago

Politicians game plan for the next situation, Trump game plans 40 moves ahead with 25 options
off of each step, he is never disrupted and never caught off guard.

Vietnam Vet
Vietnam Vet

The wall is being built right now and has been for some time. The money to build it was included in the huge military budget that was passed and signed by Trump. The whole ongoing scenario of Trump fighting the Dems over money for the wall is simply to show ALL Americans that the Dems are not interested in protecting them but are more concerned with the rights of illegal immigrants and party votes.

LoLo
LoLo

The BEST response right there! ^^^^

Boohoo
Boohoo

Why is it when we were in Iraq & Afghanistan losing one life was unacceptable but when we lose 2000 lives in one year to illegal aliens no one gives a shit?!?

Tom
Tom

They want another 32 billion for the bullet train to nowhere here in California. Why not a 5 billion dollar wall.

Janette Cunningham
Janette Cunningham

Let’s get ur done then, DO IT PRESIDENT TRUMP🇺🇸🇨🇱