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To: Jonty30

“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.


4 posted on 01/18/2021 5:48:43 AM PST by cdcdawg (Tailgunner Joe did nothing wrong. Until conservatives accept why he was demonized, we will not win. )
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To: cdcdawg
-- Let's say they just out and out violate the Posse Comitatus Act. What penalty would any of them face? --

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

7 posted on 01/18/2021 6:04:45 AM PST by Cboldt
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