https://nelsonknows.wordpress.com/2007/04/08/bill-clinton-and-violation-of-the-posse-comitatus-act/
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THE pivotal need formilitary assistance and raised questions reguarding precision and efficacy of specific prohibitions and restrictions under the Posse Comitatus Act (Geiger 2006)..........The military may be involved in direct law enforcement when specifically approved by the Constitution or Act of Congress (Brake 2001),........... which corresponds to the federalization of direct and active military involvement with civilian law enforcement ...........(Geiger 2006). The limitation, restrictions and complexity of the application of the Posse Comitatus Act, however, .........creates ambiguity in elucidating the clear and transparent boundaries of military involvement procedures........... (Geiger2006). The Insurrection Act,.......... which is coupled with the Posse Comitatus Act andserves as an exception to the Act, ............framed in 10 U.S.C. §§ 331-335 Sections, authorizes the President, by the request of the state governor in federalization,............ to deploy and call for the military including National Guard forces for......... domestic use and assistance in restoration of public order, preventing disorder, domestic violence, looting and other law enforcement activities...........(Banks 2004; Elsea 2007; FEMA 1999; Miskel 2006;Nicholson 2005; Russo 2004)
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Thus, by the approval of a Presidential Declaration of a major disaster, federal military assistance is provided to the affected state...............
However,the process of involvement of the military and its resources is different in this situation. In case of a disaster risk, local authorities directly request the governor to provide military assistance via the National Guard (Sylves 2008)
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When requesting military assistance, some factors should be taken into consideration. These are:
legality which implies whether the legal basis of military involvement aligns with the laws and regulations;
cost which corresponds to the potential cost of military involvement and its impact on the DOD budget;
lethality which defines the possibility of the use of lethal force while providing assistance;
risk which implies the risk that can threaten the DOD forces in provision of military engagement;
appropriateness which interprets if the existing military services and resources are appropriate for providing assistance; and
readiness which corresponds to the state of readiness of military forces in order to provide assistance that will not harm the primary mission of the DOD (Buchalter 2007; DOD 1997; FEMA 2008).
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NIKK...this was my argument for the military to use force if needed...and that the Posse Act does not stop our military...
Thank you for that post.