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CASE IN POINT: THE US MILITARY AND THE POSSE COMITATUS ACT ON UNITED STATES SOIL.
Foreign Military Studies Office ^ | July 1996 | Mr. William W. Mendel

Posted on 07/21/2002 1:42:50 PM PDT by habaes corpussel

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"It may be that U.S. Federal military forces cannot be effectively used for missions supporting law enforcement much beyond a service-support role, and that the better solution is to well-equip the National Guard physically and legally to handle these situations. As for Federal troops, the distraction of special training, the legal strictures that apply to Federal military forces, and the need to focus limited resources on their warfighting mission, suggest that the Regulars are not the best troops for the job."

Congress better get with the program before it does something stupid.

1 posted on 07/21/2002 1:42:50 PM PDT by habaes corpussel
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To: habaes corpussel
bttt
2 posted on 07/21/2002 1:50:36 PM PDT by Don Myers
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To: habaes corpussel
The riots in L.A. got bad because the city fathers did not have the balls to stop it when it started. They believed that it was a good way to let citizens let off some steam.
3 posted on 07/21/2002 1:54:15 PM PDT by Brush_Your_Teeth
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To: habaes corpussel
the Posse comitatus Act does not necessarily apply in cases of "a sudden and unexpected civil disturbance, disaster, or calamity . . .

This is interesting. Who decides when the situation meets this definition? President, governor? Seems to me that under certain situations, this could be applied pretty broadly. In that case, so long Posse Comitatus Act.

4 posted on 07/21/2002 1:56:22 PM PDT by serinde
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To: serinde
"This is interesting. Who decides when the situation meets this definition? President, governor? Seems to me that under certain situations, this could be applied pretty broadly. In that case, so long Posse Comitatus Act."

The Governors and or the President can make this decisions.

6 posted on 07/21/2002 2:10:33 PM PDT by habaes corpussel
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To: Perfidious Sid
"Riots are a clue to the fact that government is not doing it's job properly somewhere. So it is not surprising to find a serious interest in government to preventing them."

Thats not the Point. The Point is under Posse Comitatus the Military can and will act. I just don't understand Ridge's or Congress's point of changing Posse Comitatus. We are at War, there is a huge difference here.

7 posted on 07/21/2002 2:13:25 PM PDT by habaes corpussel
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To: Brush_Your_Teeth
The riots in L.A. got bad because the city fathers did not have the balls to stop it when it started. They believed that it was a good way to let citizens let off some steam.

The L.A. riots got bad because, apart from a few Korean business owners, the people of Kalifornia have been disarmed and convinced that self defense is naughty.

8 posted on 07/21/2002 2:14:45 PM PDT by TigersEye
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To: madfly
.
9 posted on 07/21/2002 2:17:41 PM PDT by Libertarianize the GOP
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To: habaes corpussel
Congress better get with the program before it does something stupid.

Oh..but you repeat yourself. ;)

10 posted on 07/21/2002 2:21:33 PM PDT by JMJ333
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To: Libertarianize the GOP
OC Register has an article form the NY Times today:

Military policing gains favor in wake of Sept. 11

Pentagon officials are re-evaluating an 1878 law that prevents troops from helping protect U.S. citizens.

July 21, 2002

By ERIC SCHMITT
The New York Times

PETERSON AIR FORCE BASE, Colo. -- The four-star general in charge of defending the United States against attack said he would favor changes in existing law to give greater domestic powers to the military to protect the country against terrorist strikes.

The Bush administration has directed lawyers in the Departments of Justice and Defense to review the Posse Comitatus Act of 1878 and any other laws that sharply restrict the military's ability to participate in domestic law enforcement.

Any changes would be subject to congressional approval.

The general, Ralph E. Eberhart of the Air Force, said he had no specific changes in mind, but added in an interview here, "We should always be reviewing things like Posse Comitatus and other laws if we think it ties our hands in protecting the American people."

The willingness of Eberhart and some other senior officers to consider amending the post-Reconstruction-era law is a shift in thinking by many top Pentagon officials, who have traditionally been wary of involving the military in domestic law enforcement.

Military leaders have generally supported the restrictions because their troops were not specifically trained in those roles, and they worried that domestic tasks could lead to serious political problems.

But in the aftermath of Sept. 11, some Pentagon officials and military officers are beginning to realize that the law, as it stands, may slow or complicate their domestic-defense missions.

Some military officials fear that without additional authority to operate in the United States, they could be blamed for failures but not have adequate ability to prevent them.

But other Pentagon officials continue to contend that accepting greater domestic responsibilities is risky, and that any proposed changes should receive careful public scrutiny.

The Posse Comitatus Act was enacted after Reconstruction in response to the perceived misuse of federal troops who were charged with domestic law enforcement in the South. But it has come to symbolize the separation of civilian affairs from military influence.

Posse Comitatus restricts military forces from performing domestic law enforcement duties, like policing. Over the years, the law has been amended to allow the military to lend equipment to federal, state and local authorities; assist federal agencies in drug interdiction work; protect national parks; and execute quarantine and certain health laws.

"My view has been that Posse Comitatus will constantly be under review as we mature this command, as we do our exercises, as we interact with FEMA, FBI and those lead federal agencies out there," said Eberhart, referring to the Federal Emergency Management Agency.

The Northern Command, which begins operations here Oct. 1, will be in charge of all military personnel involved in flying patrols over American cities, guarding the waters up to 500 miles off the U.S. coast, and responding to major terrorist attacks.

In his vision for the new command, Eberhart said the military could use new technology, like remote-controlled surveillance blimps operating at 70,000 feet and unmanned Predator drones that would patrol American coastlines.

Defense Secretary Donald H. Rumsfeld and Gen. Rich ard B. Myers, the chairman of the Joint Chiefs of Staff, have said that in a catastrophe, the military might help quarantine disaster victims and deal with the water and sanitation needs of thousands of people.

"If a city had no ability to respond and no ability to command and control, there's a situation where the president says: 'This is an emergency. Northern Command, you have the lead,' " Eberhart said. "God forbid, we'd be prepared to do that."

11 posted on 07/21/2002 2:29:36 PM PDT by Ernest_at_the_Beach
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To: habaes corpussel
ping!
12 posted on 07/21/2002 2:30:22 PM PDT by Ernest_at_the_Beach
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To: Ernest_at_the_Beach
"The four-star general in charge of defending the United States against attack said he would favor changes in existing law to give greater domestic powers to the military to protect the country against terrorist strikes."

I see the CINC North wants more power yeh? This is nothing more than building a kingdom. The President has all the authority he needs to send in the Military. General Eberhart better stop playing games and get his new command perpared to deal on US Soil. If there are some issues that Congress needs to resolve then address these issues as they appear. Not give some four banger the Authority of God! I guess Eberhart wants to be known as the Supreme Commander North America. Heaven knows just how much bigger Eberhart ego will get if he is given more power than he needs.

This is nothing more than pure bull!

13 posted on 07/21/2002 2:56:51 PM PDT by habaes corpussel
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To: Ernest_at_the_Beach
bttt
14 posted on 07/21/2002 4:49:19 PM PDT by Libertarianize the GOP
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To: TigersEye
in a few years when the home grown intifada gets going the Guard will be very busy. Large areas of L.A. are already cosidered foreign countries. When the push for Aztlan gets rolling the fit will really hit the shan. Should be interesting.
15 posted on 07/21/2002 5:09:27 PM PDT by willyone
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Comment #17 Removed by Moderator

To: habaes corpussel
As for Federal troops, the distraction of special training, the legal strictures that apply to Federal military forces, and the need to focus limited resources on their warfighting mission, suggest that the Regulars are not the best troops for the job."

Agreed, then why are they being used in similar roles overseas aka The Balkans (rhetorical question)? They should never have been and shouldn't be now. Standing armies are defined and designed to fight and win wars, not attempt to play cop.

18 posted on 07/21/2002 5:24:47 PM PDT by TADSLOS
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To: My dog Sam
:Violating Posse Comitatus will be the straw that brakes this camels back."

Yes and many have the same feeling.....

19 posted on 07/21/2002 5:24:48 PM PDT by habaes corpussel
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To: Perfidious Sid
"It is human nature, once in power, to consider the meaning and intent of the founders to be somewhat of an annoyance and inconvenience."

I agree, but it has to stop. Otherwise this Country I am afraid may see another group of Patriots rise one fay.

20 posted on 07/21/2002 5:26:55 PM PDT by habaes corpussel
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