The ignorance and/or spin by the Democrats and the media in regard to what has been going on in Portland has been something else.
ABC’s Jonathan Karl thought he was going to trap Kayleigh McEnany with questions about the federal response in Portland.
But Harvard Law School educated McEnany who is hyper-organized with tabbed briefing books showed him what it’s like to be informed, unlike much of the media.
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
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
In other words, there’s absolutely no question they are completely within the law, none of this stormtrooper nonsense. Yes, they have the right to detain people who they believe may have violated federal law and/or attacked federal property.
You know, those laws that the Democrats are pretending don’t exist and are gaslighting the public about.
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
Then Georgetown Law professor Jonathan Turley finished Karl off with a little lesson in the Constitution.
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
It doesn’t matter whether they have “local permission” or local Democrats’ permission. It’s not an “occupation force,” it’s federal law enforcement agents enforcing federal law which they have every right to do.
Think of it this way when you’re dealing with anyone who has fallen for this crazy conspiracy. Can the FBI investigate a federal crime anywhere in the country? Can ICE go anywhere in the country to arrest an illegal alien? The answer is of course they can. Are they federal troops? Of course not. As a matter of fact, these folks aren’t going to be roaming all over, but just protecting federal property. But they can arrest people/detain suspects for probable cause obviously who are off federal property if the agents think the people have broken federal law.
As we previously have observed, the agents had DHS and CPB shoulder badges and badge numbers on them so no, they weren’t unidentified.
Just a legal lesson for those who may not know this, because television continuously misleads people on this. You do not have to read a suspect their Miranda rights when you arrest them. You only have to read them to a suspect when questioning him in custody. So, for example, if you’re picking up someone on the street and detaining them because you have probable cause to think that person has committed a crime, for example, dressed in Antifa riot gear coming from the riot across the street at the federal courthouse, then you don’t have to read them anything unless and until you question the person. So yes, you can do a quick arrest/detention, grabbing the person off the street to prevent his buddies from de-arresting him and attacking you.