Ibanez wrote:Col Hogan wrote:
So, the military....
Have you heard of the Posse Comitatus Act???
Yes - it specifically says the Army and Air Force can’t be used to enforce Domestic Policy. However there are circumstances in the Act which allow the Army to be used. So if Congress authorizes the Army to quell a violent rebellion then it would be exempt from that Act because of the Insurrection Act(which is one of the exclusions.)
And if you think the government won’t respond if a paramilitary force of Bubbas start a war or engaging in treason then you’re either naive about what our govt would do to remain in power or you don’t want to accept it.
I suspect it would get suspended for the good of the republic. It’s been suspended before, IIRC.
Didn’t we all see the West Wing episode where they discussed this?
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If you are using a West Wing episode for your information, you are wrong...only the President can exercise the exemption...
KEY EXCEPTIONS TO THE POSSE COMITATUS ACT
A summary of key exceptions to the Posse Comitatus Act follows:
* National Guard forces operating under the state authority of Title 32 (i.e., under state rather than federal service) are exempt from Posse 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 military personnel were found not to violate the Posse Comitatus Act.
* 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 for law enforcement purposes. 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
And here is footnote # 4
10 U.S. Code Sections 331 through 334 provide guidance. 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” (Lujan, 1997)
https://www.rand.org/content/dam/rand/p ... 1.AppD.pdf