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To: central_va

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.”


99 posted on 01/12/2019 6:19:59 PM PST by BeauBo
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To: BeauBo

It’s a joke because Eisenhower already set a precedent when he used regular Army troops to enforce segregation laws in AK in 1958. So who cares? Just do it. We a a nations of men not laws.


100 posted on 01/12/2019 6:24:37 PM PST by central_va (I won't be reconstructed and I do not give a damn)
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