Troops from Ft Rucker were called out to patrol streets after a mass shooting
So far, no one seems able to explain who gave the authority to do so
Also, when the story first broke, people claimed to see troops with rifles in the streets
Army Investigating How and Why Troops Were Sent Into Alabama Town After Murder Spree
Wednesday, March 18, 2009
http://cnsnews.com/public/content/article.aspx?RsrcID=45206
By Pete Winn, Senior Writer/Editor
U.S. Army soldiers from Ft. Rucker patrol the downtown area of Samson, Alabama after a shooting spree March 10, 2009. (Photo: Reuters/Mark Wallheiser. Used by permission. )
(CNSNews.com) - The U.S. Army has launched an inquiry into how and why active duty troops from Fort Rucker, Ala., came to be placed on the streets of Samson, Ala., during last week’s murder spree in that tiny South Alabama community. The use of the troops was a possible violation of federal law.
“On March 10, after a report of an apparent mass murder in Samson, Ala., 22 military police soldiers from Fort Rucker, Ala., along with the provost marshal, were sent to the city of Samson,” Harvey Perritt, spokesman for the U.S. Army Training and Doctrine Command (TRADOC) at Fort Monroe, Va., told CNSNews.com on Monday.
“The purpose for sending the military police, the authority for doing so, and what duties they performed is the subject of an ongoing commander’s inquiry—directed by the commanding general of U.S. Army Training and Doctrine Command, Gen. Martin Dempsey.”
TRADOC is the headquarters command for Ft. Rucker.
“In addition to determining the facts, this inquiry will also determine whether law, regulation and policy were followed,” Perritt added. “Until those facts are determined, it would be inappropriate to speculate or comment further.”
Jim Stromenger, a dispatcher at the Samson Police Department, confirmed the MP’s presence in the town, telling CNSNews.com that the troops “came in to help with traffic control and to secure the crime scene”—and the department was glad for the help.
“We’ve been getting a lot of calls,” Stromenger said. “They weren’t here to police, let me make that clear. They were here to help with traffic and to control the crime scene—so people wouldn’t trample all over (it).”
Stromenger said the town needed help—calls had gone out to all police departments in the area.
“We only have a five-man police department,” he told CNSNews.com. “We had officers from all surrounding areas helping out. There were a lot of streets to be blocked off and there had to be someone physically there to block them off. That’s what these MPs were doing. I don’t think they were even armed. The troops helped keep nosy people away.”
But Stromenger said it wasn’t the Samson Police Department that called for the troops.
“I don’t know who called Fort Rucker. But someone did. They wouldn’t have been able to come if someone hadn’t,” he added.
Under Whose Authority?
The troops were apparently not deployed by the request of Alabama Gov. Bob Riley — or by the request of President Obama, as required by law.
When contacted by CNSNews.com, the governor’s office could not confirm that the governor had requested help from the Army, and Gov. Riley’s spokesman, Todd Stacy, expressed surprise when he was told that troops had been sent to the town.
No request from President Obama, meanwhile, was issued by the White House—or the Defense Department.
Wrongful use of federal troops inside U.S. borders is a violation of several federal laws, including one known as the Posse Comitatus Act of 1878, Title 18, Section 1385 of the U.S. Code.
“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,” the law states.
David Rittgers, legal policy analyst at the Cato Institute, said there are other laws barring use of federal troops outside of federal property, as well.
“Title 18, Section 375 of the U.S. Code is a direct restriction on military personnel, and it basically precludes any member of the army in participating in a ‘search, seizure, arrest or other similar activity, unless participation is otherwise authorized by law,’ “ Rittgers told CNSNews.com.
“The security of a crime scene is something I think that would roll up in the category of a ‘search, seizure or other activity,’” Rittgers added.
In addition, there is the Insurrection Act of 1808, as amended in 2007, (Title 10, Section 331 of the U.S. Code) under which the president can authorize troops “to restore order and enforce the laws of the United States” in an insurrection.
“Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection,” the law states.
In 2007, Congress expanded the list to include “natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition” as situations for which the president can authorize troops, provided that “domestic violence has occurred to such an extent that the constituted authorities of the state or possession are incapable of maintaining public order.”
Congress has been clear that the use of U.S. troops for civilian police purposes is forbidden.
“One of the statutes explicitly says that military brigs can’t even be used to detain domestic criminals,” Rittgers said. “It really is supposed to be a black and white line.”
The U.S. Department of Justice, meanwhile, would have prosecuting authority, if any violation is deemed to have occurred. The Justice Department did not comment for this story.
Ft. Rucker, located in Southern Alabama, is the home of Army Aviation.
Testing the waters, I see.
Yes, this is clearly what he was complaining about. It seems to be a basic violation of the Constitution.
And they can't figure out who was responsible? Who made the phone calls?
Will there be an investigation to find out?
So nobody knows where the order came from, but the military followed it without question?
Does that scare the crap out of anyone else?
What if the next order is “round up” this group of citizens?
Anybody else think that those in power are blatantly testing the water to see what kind of response they get from the military, local law enforcement, and the public?
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
IIRC, troops of the 101st Airborne were sent to Little Rock in 1957 over the school integration events
The Samson Police Chief called for the MP’s to assist under the mutual aid agreement they have.
Those MP’s NEVER, I’ll say it again NEVER assumed day to day law enforcement operations from local authorities, and were on site for maybe 3 to 4 hours until local authorities could begin to process the crime scene.
Ya think?
This is why secession was legally not insurrection, and Lincoln's calling out the Northern militias to crush it, illegal and unconstitutional.
It's also why Pres. Bush could not, on his own initiative, move FEMA into Louisiana before, or even after, Hurricane "Katrina" without the application of the Louisiana state government, whose governor, acting on the advice of Sen. Mary Landrieu, who in turn was talking secretly to James Carville, who in turn was talking to Guess Who, dragged her feet and kept Bush out of Louisiana, on purpose, for political reasons.
So why did Slick tell Snakehead to tell Mary to tell Gov. Blank-Out not to return the President's calls, and certify an emergency and request federal assistance?
It might only be coincidental that the post-"Katrina" SNAFU hurt George W. Bush politically very badly. And it might not have been possible for Slick and Snakehead to foresee such an eventuality. And in any case, Slick and Snakehead would NEVER counsel mischief in such a situation, would they? That would be ..... reprehensible, and might even lead to a Democrat getting elected President. Purely as a matter of merit, of course.</sarc>
Do they have a problem in Alabama? Can they not call in other local police/sheriff agencies for assistance and traffic control?
Them calling in the military is really hard to believe.
Okay, who was the shooter?