Texas Democratic politicians‚ such as Rep. Joaquin Castro and failed gubernatorial and Senate candidate Beto O’Rourke‚ are urging President Joe Biden to seize control of the Texas National Guard‚ which Republican Gov. Greg Abbott has mobilized to help secure the Texas border. Abbott did so in the face of the deliberate and intentional inaction by the Biden administration to make sure the border stays open so millions of illegal aliens could continue to flood across from Mexico. Under the circumstances‚ any such move by the president would be an abuse of the applicable law. A number of federal statutes govern the National Guard‚ which is the modern equivalent of state militias and a reserve component of our military. Under 10 U.S.C. § 12301(a)‚ the secretary of defense (and thus the president) is given the authority in “time of war or of national emergency declared by Congress‚ or when otherwise authorized by law” to order National Guard units to active duty. But they cannot be called to active duty by the president “without the consent of the governor of the State.” If the governor consents‚ the unit called into federal service under Title 10 reports to the president as the commander in chief while in federal service. State governors‚ however‚ like Abbott‚ remain the commanders in chief of their state National Guard units‚ such as the Texas National Guard‚ unless they have consented to the president’s call for those units to be in active federal service. The only exception to the consent requirement is contained in subsection (f) and it only applies if National Guard units are needed for active duty for overseas service—such as when we were in the Iraq and Afghanistan wars. Thus‚ under this statute‚ without the consent of Abbott‚ Biden has no power to simply seize control of the Texas National Guard as he is being urged to do and order them to stand down‚ since we are not in a war and the Guard is not needed for service abroad. Biden could go to the extreme by trying to use the Insurrection Act of 1807 to take over the Texas National Guard. The Insurrection Act authorizes the president to federalize the National Guard under certain narrow and exceptional circumstances. The last time it was invoked was by President George W. Bush to help quell the deadly widespread riots in 1992 in Los Angeles after the arrest and beating of Rodney King‚ when state authorities were unable to cope with the violence and mayhem. Under 10 U.S.C. § 252‚ the president can “call into Federal service the militia of any State” when “unlawful obstructions‚ combinations‚ or assemblages‚ or rebellion against the authority of the United States‚ make it impracticable to enforce the laws of the United States in any state by the ordinary course of judicial proceedings.” Clearly‚ there is no insurrection going on in Texas as defined in that law.  Nor is Texas violating any court order issued in “the ordinary court of judicial proceedings.” The state has been placing barbed-wire fencing on state-owned and private property‚ and no court has ordered Texas to remove or cease installing that fencing.  The only thing that has happened is that the U.S. Supreme Court vacated—while the case between Texas and the federal government is on appeal—an injunction that prevented the feds from removing the fencing. But nothing prevents Texas from continuing to put in more fencing‚ even after it has been removed. Biden would also be hard-pressed to legitimately use another part of the Insurrection Act‚ 10 U.S.C. § 253‚ which allows a president to use a state militia (the National Guard) if an insurrection or domestic violence “hinders the execution of the laws of that State‚ and of the United States.” It is Texas that is trying to ensure that federal laws are being enforced and complied with. And it is the Biden administration that is “hindering” the execution of the laws of the United States with its abject refusal to enforce our immigration laws‚ to prevent illegal aliens from crossing the border‚ and its unlawful granting of mass parole to those aliens once they are in the United States. If Biden tries to call forth the Texas National Guard‚ the most likely federal statute for him to try to use‚ according to a source familiar with National Guard operations‚ is 10 U.S.C. § 12406. This provision allows the president to “call into Federal service” the National Guard under one of three circumstances: an “invasion by a foreign nation”; “a rebellion or danger of a rebellion against the authority of the Government of the United States”; or the president’s inability “with the regular forces to execute the laws of the United States.” The fatuous argument that Biden would have to make is that Texas is engaged in a rebellion against the authority of the United States or some such other rubbish. But as already noted‚ there has been no rebellion by Texas and no court order of any kind finding that Texas is somehow violating federal law or refusing to comply with federal courts. The third precondition obviously also does not apply. A claim that any of these preconditions have been met would be met with derision. Instead of carrying out his duty as president to “take Care that the Laws be faithfully executed‚” which includes our immigration laws‚ Biden has violated his oath of office and is acting like a bully to violate the law‚ threaten states like Texas that are faced with a desperate situation‚ and thwart the will of the people who want a secure border and the rising tide of illegal immigration stopped. If the Biden administration would spend as much time fighting illegal immigration as it does fighting border states that are actually trying to do something about the problem‚ we might begin to see some progress. But don’t hold your breath. Have an opinion about this article? To sound off‚ please email letters@DailySignal.com‚ and we’ll consider publishing your edited remarks in our regular “We Hear You” feature. Remember to include the URL or headline of the article plus your name and town and/or state. The post Biden Doesn’t Have Any Legal Authority to Seize Control of Texas National Guard appeared first on The Daily Signal.

Told Ya: CBP Friday News Dump Reports December 2023 was Highest Month Ever Recorded

Ohio May Pay Students to Not Skip School

For her Friday show‚ MSNBC’s Joy Reid launched a wildly anti-American and anti-Israel segment where she could hardly contain her excitement that South Africa was “standing up” to the West at the International Court of Justice as it accuses Israel of genocide. Guest and HuffPost senior diplomatic correspondent Akbar Shahid Ahmed was even more wild as he suggested support for Israel was racist and its actions are akin to Russia's. While the ICJ did not dismiss the case as Israel wanted‚ Reid managed to acknowledge that it did not order Israel to stop its campaign‚ a move that led Prime Minister Benjamin Netanyahu to portray the ruling as a win of sorts‚ but as Reid tells it South Africa came out the big winner‚ “Besides having major implications for Israelis and Palestinians‚ this is also a big moment for South Africa‚ and frankly‚ the Global South as a whole. Who after decades of feeling unappreciated by the U.N.‚ is defining its place on the world stage‚ standing up not just to Israel but to the United States and to other Western superpowers.”     Reid then introduced her guest and asked him to “Give me your assessment as somebody who has an expertise in this area of how big of a deal this ruling is.” Ahmed began by immediately patting himself on the back and attacking President Joe Biden from the left‚ “I'll say as someone with expertise and someone who grew up in the Global South‚ this is a huge moment. There is such global frustration and frankly confusion over four months in President Biden having not changed course‚ as the death toll in Gaza has increased‚ as allegations of war crimes have come in.” He continued‚ “So‚ for people who have been alarmed by this in the South‚ you talk to us about human rights‚ about the international rules based order when it came to Ukraine. What about brown people in Palestine? This is a huge moment.” The only hypocrisy South Africa exposed was its own. Ahmed wants to talk about Ukraine so a brief review of the South Africa’s record on the issue shows it constantly abstaining on U.N. votes condemning Russia’s invasion‚ it conducts naval drills with Russia‚ and while the ICJ did not order Israel to stop its campaign‚ it has ordered Russia to stop its war‚ but Pretoria just yawns‚ and Israel‚ like Ukraine was the one that was attacked for no good reason. Nevertheless‚ Ahmed gleefully welcomed the news that South Africa is taking on Israel and the U.S.‚ “what this essentially says is they're going to be facing charges of genocide for years to come‚ right‚ they're going to be publicly and legally associated with this. Which is a huge burden to bear and especially for Israel‚ a state founded in the shadow of the Holocaust‚ it's a deeply and emotional and‚ kind of‚ tragic moment.” And if South Africa had its way‚ Israel would not be able to defend itself against a second Holocaust. Here is a transcript for the January 26 show: MSNBC The ReidOut 1/26/2024 7:48 PM ET JOY REID: Besides having major implications for Israelis and Palestinians‚ this is also a big moment for South Africa‚ and frankly‚ the Global South as a whole. Who after decades of feeling unappreciated by the U.N.‚ is defining its place on the world stage‚ standing up not just to Israel but to the United States and to other Western superpowers.  Joining me now is Akbar Shahid Ahmed‚ senior diplomatic correspondent for the Huffington Post. Welcome to the show Abbar‚ I’ve been wanting to have you on. Give me your assessment as somebody who has an expertise in this area of how big of a deal this ruling is. AKBAR SHAHID AHMED: Thanks so much for having me‚ Joy. And I'll say as someone with expertise and someone who grew up in the Global South‚ this is a huge moment. There is such global frustration and frankly confusion over four months in President Biden having not changed course‚ as the death toll in Gaza has increased‚ as allegations of war crimes have come in.  So‚ for people who have been alarmed by this in the South‚ you talk to us about human rights‚ about the international rules based order when it came to Ukraine. What about brown people in Palestine? This is a huge moment.  I think the judgment is also really important in that it says Palestinians in Gaza are a protected group‚ which is really important because there's a lot of denialism over the idea that Palestinians are a group at all.  The court has essentially said that's not true and I think for Israel and the U.S.‚ what this essentially says is they're going to be facing charges of genocide for years to come‚ right‚ they're going to be publicly and legally associated with this. Which is a huge burden to bear and especially for Israel‚ a state founded in the shadow of the Holocaust‚ it's a deeply and emotional and‚ kind of‚ tragic moment. 

Ten retired FBI directors and experts in counter-intelligence warned Congress that the border crisis under President Joe Biden has allowed "military aged men from across the globe" to easily enter the United States. The Ex-FBI officials declared that the U.S. is "extraordinarily less safe and secure" because of the invasion. Ten notable former FBI officials wrote a letter to congressional leaders warning that the country is facing a "new and imminent danger" because of the flood of illegal immigrants across the southern border. "As former senior executives of the Federal Bureau of Investigation with deep experience combatting dangers to the nation‚ we write to express our concern about a current‚ specific threat that may be one of the most pernicious ever to menace the United States‚" the letter began. The ex-FBI luminaries described the threat as "new and unfamiliar.""In its modern history the U.S. has never suffered an invasion of the homeland and‚ yet‚ one is unfolding now‚" the letter stated. "Military aged men from across the globe‚ many from countries or regions not friendly to the United States‚ are landing in waves on our soil by the thousands — not by splashing ashore from a ship or parachuting from a plane but rather by foot across a border that has been accurately advertised around the world as largely unprotected with ready access granted."The intelligence officials noted that there has been a "shockingly high estimate of 'gotaways' — meaning those who have entered and evaded apprehension."Since Biden was elected president in January 2021‚ there have been more than 1.7 million known gotaways‚ plus an unknown number of illegal immigrants who snuck into the U.S. without detection. "In light of such a daunting‚ unprecedented penetration by uninvited foreign actors‚ it is reasonable to assert that the country possesses dramatically diminished national security at this time‚" the retired FBI officials warned. "The nation’s military and laws and other natural protective barriers that have provided traditional security in the past have been thoroughly circumvented over the past three years."The letter emphasized that "military aged males descending upon American cities and towns is alarming and perilous."The ex-FBI notables said the surge is "likely no accident or coincidence.""These men are potential operators in what appears to be an accelerated and strategic penetration‚ a soft invasion‚ designed to gain internal access to a country that cannot be invaded militarily in order to inflict catastrophic damage if and when enemies deem it necessary‚" the officials surmised. The ex-FBI officials stressed that a "startling number" of the illegal immigrants infiltrating the U.S. are on the terrorist watchlist or are from "countries designated as State Sponsors of Terror distinctly unfriendly to the United States."The letter pointed out that the illegal immigrants are not just from "terror-linked regions‚" but also from China and Russia‚ describing the countries as "hostile adversaries of the U.S. with aspirations to devastate national infrastructure."The letter cautions that an attack could happen on U.S. soil that attempts to replicate the Hamas terror onslaught of Israel on Oct. 7 that resulted in 1‚139 dead.The intelligence officials proclaimed‚ "We would be remiss not to call out this potentially grave threat in the most direct terms. The warning lights are blinking."The letter highlighted that there has been "relatively little discussion" of the possibility of an attack from foreign invaders. The officials advised‚ "It is a troubling concern that needs illumination‚ not avoidance‚" and added that the border crisis issue "deserves greater attention.""The borders need to be secured against these young men and those already here illegally must be identified and removed without delay‚" the former intelligence experts advocated. "This will take the coordinated‚ cooperative efforts of the FBI‚ Department of Homeland Security‚ and the rest of the Intelligence Community to achieve."The FBI officials concluded‚ "The country has been invaded‚ an invasion that will continue as long as the nation’s enemies perceive it will be tolerated. Until it is stopped‚ the United States is extraordinarily less safe and secure."The intelligence functionaries declared it would be a "shameful travesty if some terrible attack‚ a preventable attack‚ were to occur against innocent Americans or the infrastructure that keeps the nation safe and functioning."The ex-FBI officials said the "government will have failed grievously" if an attack by foreign invaders happened.Sen. Ron Johnson (R-Wisc.) posted a copy of the letter on the X social media platform with the caption: "This sobering letter from former FBI‚ Homeland Security‚ and other law enforcement officials describes the chilling reality of why the president’s open border is a clear and present danger to America."The letter was dated Jan. 17‚ before Texas Gov. Greg Abbott resisted the Biden administration and proclaimed that it is "Texas’s constitutional authority to defend and protect itself."The FBI authors of the alarming letter – who served under seven U.S. presidents and four FBI directors – include: Kevin Brock‚ the former assistant director of intelligence and former principal principal deputy director of the National Counterterrorism CenterChris Swecker‚ the former assistant director of the criminal divisionDavid Szady‚ former assistant director of counterintelligenceTimothy J. Healy‚ the former director of the Terrorist Screening CenterFormer Executive Assistant Director Ruben GarciaMark Morgan‚ former assistant director for training and the former acting commissioner of Homeland Security’s Customs and Border ProtectionWilliam Gavin‚ retired assistant director for the Inspection DivisionTimothy McNally‚ former assistant director of the Los Angeles divisionRetired Special Agent David Mitchell‚ who oversaw the FBI operations in MilwaukeeSpecial Agent Jody Weiss‚ who oversaw FBI operations in PhiladelphiaLike Blaze News? Circumvent the censors‚ sign up for our newsletters‚ and get stories like this direct to your inbox. Sign up here!

The expanded 50th anniversary edition includes outtakes‚ single mixes and a live 1973 concert recording. The post Alice Cooper ‘Billion Dollar Babies’ Deluxe Edition Due appeared first on Best Classic Bands.

Blending exploration and decision-making with tactical turn-based RPG combat that would make the likes of Baldur’s Gate 3‚ Like A Dragon Infinite Wealth‚ or Into the Breach proud‚ Arco is a beautiful pixel-art new indie game that tells the story of “three tales forged in bloodshed‚ laced with magic‚ and united by revenge.” With a free demo now available to play ahead of Steam Next Fest‚ I’ve been spending plenty of time with Arco‚ and I’m already having a lot of fun. Continue reading Exciting new indie RPG Arco gets a free Steam demo‚ and I’m hooked MORE FROM PCGAMESN: Best tactical RPGs‚ Best indie games‚ Best story games

Even after a decade on Steam‚ Metal Gear Rising is the most perfectly ludicrous spinoff I’ve ever played. While it channels the themes and personality of Hideo Kojima’s sweeping epic‚ the gameplay and music are from an entirely different reality. So if you’ve never played it‚ or fancy giving the PC port a go‚ it’s on sale right now. Continue reading Steam’s coolest spinoff action game just turned ten‚ and it’s on sale MORE FROM PCGAMESN: Metal Gear Rising Requirements

With the likes of Cities Skylines 2 and Against the Storm now out and established‚ and 2024 promising even more big city-building games including Frostpunk 2 and the highly wishlisted Manor Lords‚ another Steam strategy game with a ‘very positive’ 92% user rating has just launched its latest free update. Workers and Resources: Soviet Republic update 13 includes the long-teased introduction of its campaign mode‚ new vehicles‚ additional default maps‚ and more for the 3Division management sim published by Hooded Horse. Continue reading 9/10 Soviet city builder introduces campaign mode in big free update MORE FROM PCGAMESN: Best city-building games on PC‚ The best management games‚ The best strategy games

The USS Carney attack is the first time that a U.S. warship has been directly targeted by the militia since mid November.