To: xone
The Corps wasn’t included in the Posse Comitatus prohibition. But it has been there as long as I was in the Corps.
Thanx. FWIW ...I took your statement and fed it to GROK with a "why?"
The Corps wasn’t included in the Posse Comitatus prohibition. But it has been there as long as I was in the Corps. Why ?
from GROK
The Posse Comitatus Act (18 U.S.C. § 1385), enacted in 1878, originally applied only to the U.S. Army, prohibiting its use for domestic law enforcement except where expressly authorized by the Constitution or Congress. This stemmed from post-Reconstruction concerns over federal troops (primarily Army) being used to enforce laws in the South. The Marine Corps (and Navy) were not included in the original statute because the law specifically targeted the Army's role in those historical events. Courts have consistently held that the Act, by its text, does not directly apply to the Navy or Marines. However, for much of the 20th century (including the time most veterans would recall serving), the Department of Defense applied the same restrictions to the Navy and Marine Corps through internal regulations and policy (e.g., DoD directives prohibiting direct participation in civilian law enforcement activities like searches, seizures, or arrests). This was a longstanding administrative practice to maintain consistency across the services and uphold the Act's spirit of limiting military involvement in domestic affairs.
My followup question
Can you provide a specific DOD regulation ?
The longstanding Department of Defense policy that applied Posse Comitatus Act-like restrictions to the Navy and Marine Corps (before the 2021 statutory amendment explicitly including them) was primarily implemented through DoD Directive 5525.5, "DoD Cooperation with Civilian Law Enforcement Officials" (originally issued in 1986, with changes over time). This directive explicitly extended the policy prohibitions on direct involvement in civilian law enforcement activities—such as search, seizure, arrest, or interdiction of vessels/vehicles—to the Navy and Marine Corps, even though the statute itself did not cover them at the time. It was grounded in statutory authority under 10 U.S.C. § 275, which requires the Secretary of Defense to prescribe regulations prohibiting military personnel from direct participation in such activities unless authorized by law. Related guidance appeared in DoD Instruction 3025.21, "Defense Support of Civilian Law Enforcement Agencies" (issued 2013), which further detailed restrictions on military support to civilian authorities and referenced Posse Comitatus principles applying across services. These internal DoD policies ensured uniform application across all branches for decades, aligning with the spirit of the Act to limit military roles in domestic law enforcement. Since the 2021 amendment to 18 U.S.C. § 1385, the restrictions are now statutory for the Navy and Marine Corps as well1
4,777 posted on
12/26/2025 7:08:25 PM PST by
stylin19a
("Death Smiles At Everyone - Marines Smile Back" - 250 years of smiling - 11/10/2025)
To: ransomnote; All
4,778 posted on
12/26/2025 7:10:29 PM PST by
HoneysuckleTN
(President Trump 45 & 47. MAGA ~ WWG1WGA)
To: stylin19a
Yep, no domestic law enforcement. They can and do other things especially in aviation. They must have some kind of exemption for their work along the border. The intel work for drug and human trafficking would require collecting on US persons especially in the zone where the mil has full control.
4,779 posted on
12/26/2025 7:16:51 PM PST by
xone
( )
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson
