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To: Amagi

I agree it is questionable but I do not agree it is a clear violation:

Ҥ1385. Use of Army and Air Force as posse comitatus
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.”
http://uscode.house.gov/download/releasepoints/us/pl/113/120/pdf_usc18@113-120.zip

One might argue both sides of “uses any part” and its relation to funds. This is especially true given the law was written specifically to limit the use of federal troops to physically get involved in the maintenance of social order and doesn’t say anything about studying the subject.

So, one can argue both sides as ‘execut[ing] the laws’ clearly means troops endorsing laws as opposed to the studying of the breakdown of social order.


34 posted on 06/14/2014 7:49:05 AM PDT by Hulka
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To: Hulka
Indeed, if and when Posse Comitatus is suspended it will require an "Act of Congress", i.e., the Legislative Branch.
The raising of the issue of "how the U.S. military might best respond" to "civil unrest" by the Department of Defense (as well as the militarization of Departments of Agriculture, etc., etc.,) are activities originating within the Executive Branch.
35 posted on 06/14/2014 8:09:31 AM PDT by Amagi (Lenin: "Socialized Medicine is the Keystone to the Arch of the Socialist State.")
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