Did you make that up? So post the references to that? Is it in the UCMJ? Where are those regs? Even if true the interpretation is incorrect and can be changed.
Here is something from a cursory search: (https://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1251/MR1251.AppD.pdf)
” Although the Navy and Marine Corps are not included in the act, they were made subject to it by DoD Regulation(32 C.F.R. Section 213.2, 1992).
KEY EXCEPTIONS TO THE POSSE COMITATUS ACT:
•National Guard forces operating under the state authority of Title32 (i.e., under state rather than federal service) are exempt fromPosse Comitatus Act restrictions.
•Pursuant to the presidential power to quell domestic violence,federal troops are expressly exempt from the prohibitions of Posse Comitatus Act, and this exemption applies equally to active-duty military and federalized National Guard troops.
•Aerial photographic and visual search and surveillance by mili-tary personnel were found not to violate the Posse ComitatusAct.
•Congress created a “drug exception” to the Posse Comitatus Act.Under recent legislation, the Congress authorized the Secretary of Defense to make available any military equipment and personnel necessary for operation of said equipment
The language of the Posse Comitatus Act was further amended by congressional action reflected in P.L. 103-322 (1994). Section 332 states: “When-ever the President considers the unlawful obstructions, combinations, or assemblages,or rebellion against the United States, makes it impracticable to enforce the laws of the United States in any state or territory by the ordinary course of judicial proceedings, he may call into federal service such of the militia of any state, and use such of the armed forces to suppress the rebellion”. Thus, the Army can provide equipment,training, and expert military advice to civilian law enforcement agencies as part of the total effort in the “war on drugs.”
•Use of a member of the Judge Advocate Corps as a special assistant prosecutor, while retaining his dual role in participating in the investigation, presentation to the grand jury, and prosecution, did not violate Posse Comitatus Act.
•The Coast Guard is exempt from Posse Comitatus Act during peacetime.
•Although brought under the Act through DoD regulation, described above, the Navy may assist the Coast Guard in pursuit,search, and seizure of vessels suspected of involvement in drug trafficking.”
Here is an extract from USNORTHCOM’s published position (http://www.northcom.mil/Newsroom/Fact-Sheets/Article-View/Article/563993/the-posse-comitatus-act/). NORTHCOM is the Unified Command within DoD, that exercises command and control of US Military forces withing the Continental United States. They cite DODD 5525.5 as an implementing regulation within DoD, but the Departments of the Army and Navy also have their own implementing regulations.
As required by Title 10 USC, Section 375 the secretary of defense issued Department of Defense Directive 5525.5, which precludes members of the Army, Navy, Air Force, or Marine Corps from direct participation in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
The PCA generally prohibits U.S. military personnel from direct participation in law enforcement activities. Some of those law enforcement activities would include interdicting vehicles, vessels, and aircraft; conducting surveillance, searches, pursuit and seizures; or making arrests on behalf of civilian law enforcement authorities. Prohibiting direct military involvement in law enforcement is in keeping with long-standing U.S. law and policy limiting the military’s role in domestic affairs.
The United States Congress has enacted a number of exceptions to the PCA that allow the military, in certain situations, to assist civilian law enforcement agencies in enforcing the laws of the U.S. The most common example is counterdrug assistance (Title 10 USC, Sections 371-381). Other examples include:
The Insurrection Act (Title 10 USC, Sections 331-335). This act allows the president to use U.S. military personnel at the request of a state legislature or governor to suppress insurrections. It also allows the president to use federal troops to enforce federal laws when rebellion against the authority of the U.S. makes it impracticable to enforce the laws of the U.S.
Assistance in the case of crimes involving nuclear materials (Title 18 USC, Section 831). This statute permits DoD personnel to assist the Justice Department in enforcing prohibitions regarding nuclear materials, when the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies.
Emergency situations involving chemical or biological weapons of mass destruction (Title 10 USC, Section 382). When the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies. DoD personnel may assist the Justice Department in enforcing prohibitions regarding biological or chemical weapons of mass destruction.
Military support to civilian law enforcement is carried out in strict compliance with the Constitution and U.S. laws and under the direction of the president and secretary of defense.