BRH Posted September 7, 2005 Share Posted September 7, 2005 There are exceptions to that, I believe. Our own resident expert on posse comitatus Hardly matters...the order for forced evacuations didn't come from the President. I don't even think it came from the LA governor...I've only heard it uttered by idiot-boy Nagin. Whatever the circumstances, he sure as hell can't command DoD to ignore posse comitatus. 432074[/snapback] True, but the President can, if he's asked? Link to comment Share on other sites More sharing options...
Dan Gross Posted September 7, 2005 Author Share Posted September 7, 2005 The military is not allowed to perform law enforcement on US soil without a change in law. This falls under law enforement and therefore the CINC cannot give that order. 432066[/snapback] I thought there was some wiggle room when it comes to what constitutes "enforcement," as in they can assist enforcement activities under the guidance of police officers (at least one per unit) but they can't enforce on their own....? I'm probably wrong, but I did hear a guardsman say something along those lines in correcting a news guy. Under that, each rescue unit would have to have a cop with them... Link to comment Share on other sites More sharing options...
Crap Throwing Monkey Posted September 7, 2005 Share Posted September 7, 2005 True, but the President can, if he's asked? 432078[/snapback] Yes...unless you're a raving lunatic liberal who thinks that the President, if he's Republican, should anticipate the request by 48 hours and already have ordered it... Link to comment Share on other sites More sharing options...
VABills Posted September 7, 2005 Share Posted September 7, 2005 Only a constitutional override or an act of congress can permit US troops to perform enforcement activity on US soil. The President I don't believe can do so even under a state of emergency. It requires a law to be passed through congress for approval of use. Link to comment Share on other sites More sharing options...
Crap Throwing Monkey Posted September 7, 2005 Share Posted September 7, 2005 Only a constitutional override or an act of congress can permit US troops to perform enforcement activity on US soil. The President I don't believe can do so even under a state of emergency. It requires a law to be passed through congress for approval of use. 432088[/snapback] I'm trusting BiB over you on this topic, until I see hard copy to the contrary. Nothing personal. Link to comment Share on other sites More sharing options...
taterhill Posted September 7, 2005 Share Posted September 7, 2005 I see a new reality show here...Taser time in New Orleans... Link to comment Share on other sites More sharing options...
VABills Posted September 7, 2005 Share Posted September 7, 2005 I'm trusting BiB over you on this topic, until I see hard copy to the contrary. Nothing personal. 432089[/snapback] http://www.dojgov.net/posse_comitatus_act.htm Sec. 375. Restriction on direct participation by military personnel: The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law. Link to comment Share on other sites More sharing options...
VABills Posted September 7, 2005 Share Posted September 7, 2005 And from Northcom: http://www.northcom.mil/index.cfm?fuseacti...ets&factsheet=5 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. Link to comment Share on other sites More sharing options...
Crap Throwing Monkey Posted September 7, 2005 Share Posted September 7, 2005 And from Northcom: http://www.northcom.mil/index.cfm?fuseacti...ets&factsheet=5 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. 432095[/snapback] Alright, you've made your point. Turn your Napoleonic complex back down to "idle". Link to comment Share on other sites More sharing options...
VABills Posted September 7, 2005 Share Posted September 7, 2005 Alright, you've made your point. Turn your Napoleonic complex back down to "idle". 432124[/snapback] Bite me. Link to comment Share on other sites More sharing options...
VABills Posted September 7, 2005 Share Posted September 7, 2005 Actually I could be wrong. But according to this article he could. Of course that would override what northcom and DOJ sites say: http://www.masnet.org/articleinterest.asp?id=724 The Posse Comitatus Act prohibits the direct use of federal troops "to execute the laws" of the United States - unless the president declares a state of emergency. However, other then a few blogs and "stories" there seems to be no ability even under a state of emergency unless for WMD for DOD to act, unless congress passes a law or changes the constitution to override the 10th amendment. Link to comment Share on other sites More sharing options...
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