On 28 July, 1932, Attorney General Mitchell ordered the police evacuation of the Bonus Army veterans, who resisted; the police shot at them, and killed two. When told of the killings, President Hoover ordered the U.S. Army to effect the evacuation of the Bonus Army from Washington, D.C.Then there is this:
Does the Posse Comitatus Act Still Exist?
Kim Lane Scheppele
I suspect that the Posse Comitatus Act has essentially disappeared since 9/11. We have good reason to believe that the president is operating on legal advice telling them that the Posse Comitatus Act cannot be a restriction on the president in fighting terrorism within the United States. How do we know? In the Torture Papers (edited by Karen Greenberg and Joshua Dratel), Item #13 is a memo written by Jay Bybee that references another memo at footnote 16 on p. 163. The footnote?
We recently opined that the Posse Comitatus Act, 18 U.S.C. s. 1385 (1994), which generally prohibits the use of the Armed Forces for law enforcement purposes absent constitutional or statutory authority to do so, does not forbid the use of military force for the military purpose of preventing and deterring terrorism within the United States. See Memorandum for Alberto R. Gonzales, Counsel to the President and William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Re: Authority for the Use of Military Force to Combat Terrorist Activities within the United States at 15-20 (Oct. 23, 2001).
So....is terrorism the same as civil disturbance? I understand why the military could be used against terrorism, but would it be legal to use them against civil disturbance? Reference the days of riots in South Central Los Angeles and Detroit. The police responded. When it got out of control for them, they called in the National Guard which was under the control of the State Governors. Does not the Feds controlling the states in such matters, violate State rights?