Posted on 01/18/2021 5:40:15 AM PST by Jonty30
Is that violation of the Posse Comitatus Act?
Or is it because that Washington DC is not a state that it can be done?
National Guard is deployed not regular Army.
National Guard is US Army Reserve and activated by the POTUS anytime he wishes.
“Is that violation of the Posse Comitatus Act?”
Let’s say they just out and out violate the Posse Comitatus Act. What penalty would any of them face? Who would enforce it? If the Left needs to violate it to enforce their agenda, they will violate it.
I understand why we don’t want to create a new state, especially there, but it does seem crazy that you can have hundreds of thousands of Americans without any representation or recourse. It would drive me bananas.
My understanding is that Washington DC wasn’t even supposed to be a city, per se. It was supposed to be a pretty small area, with just the White House, Congress, and whatnot that was visited a few times a year by the politicians.
I’ve heard it suggested that the city part should just get dumped into Maryland so they have representation.
A point that many overlook. There is a ton of "illegal" stuff in US Code, much of it aimed at mollifying a gullible public that "the government can;t do THAT (e.g. snoop without a warrant) because it's ILLEGAL."
No remedy.
Posse Comitatus, however, has a remedy.
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.18 U.S. Code 1385 - Use of Army and Air Force as posse comitatus
Express authorizations ...
The express statutory exceptions include the legislation that allows the President to use military force to suppress insurrection or to enforce federal authority, 10 U.S.C. Sections 251-255, and laws that permit the Department of Defense to provide federal, state and local police with information, equipment, and personnel, 10 U.S.C. S:S: 271-284.
CRS R42659 - The Use of the Military to Execute Civilian Law
This gives a much wider context:
https://richardsonpost.com/howellwoltz/20190/will-biden-have-inauguration-arraignment-or-both/
ARNG is not USAR.
It’s the ARNG.
Under state control until called to duty by the president. Only the president.
The current presence of state troops in DC is actually quite amusing. They must be operating under the orders if the DC government.
Unless the president has actually called them to duty....
States can help each other with NG troops,apart from a call up order, but only within the purview of the state’s involved.
DC is fish nor fowl, they do have a NG element....and are solely a federal jurisdiction.
Interesting.
RIP Gordon Kahl.
It’s not unprecedented.
The democRATS can do anything they want. Freedom loving Americans may want to consider civil disobedience.
General Daniel R. Hokanson (****) is the chief at National Guard Bureau and also serves on the JCS.
DOD Directive 5105.77 provides the details https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/510577p.pdf?ver=2017-10-10-091651-710
Yes they are and have been since the Clinton Administration. I helped bring about the transformation.
The feds violated posse comitatus at Waco with a bogus drug charge. Of course, the hearings were a kabuki theater whitewash anyway.
I thought that, in addition to the NG, there were also regular Army troops there, as well as a moderate number of Marines?
National Guard is, by definition, the organized State Militia. They may be deployed at the direction of a Governor. Or in this case, with the permission of the DOD and the government of DC.
If your state wants to waste their training budgets by deploying a thousands of troops to DC for nothing...that is up to you and your governor.
In the end, they will all pat themselves on the back for preventing a conflagration in DC. In reality, no hard working American is going to get ANOTHER couple of days off in the middle of January—I mean, there IS work to be done and who is going to take all of their vacation in January.
Originally, the parcel was equal parts Maryland and VA. VA took their part back.
We should give Maryland their part back.
Why do you think they do all the urban training they do? In the same areas they will be forced to cleanse.
There are no ‘rules’ anymore. If you haven’t noticed it, we are at war, have already lost the psych battle, have had our elected officials yield their duties to others more corrupt than them, folks can cry all they want, 60 years ago, the alarms wer sounded.. and now,, the chickens be comin’ home to roost.. bearing arms and not goodwill..
Please, no.
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