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Thursday, March 19, 2009

The Army to the rescue -- illegally?

Here's a story out of Alabama that throws a spotlight on domestic activities by the U.S. military.

Comments (8)

Shakespeare was right.

Oh man... this story is going to make Tensky's head explode. Cue rant... NOW!

I'll give one thing to Bush - he never crossed Posse Comitatus. He tried to work in a legislative end-around, but that was repealed.

The Insurrection Act still stands.

I wonder why this isnt being covered by the mainstream media?

Yeah, I get the Constitutional stuff and the slippery slope arguments and all, but if all they did was guard the crime scenes for an overwhelmed police force, is it really that big a deal?

This is the result of two people not thinking, the Army Lt Col and the Chief of Police. But not really the crime of the week.

The proper source of additional resources is the National Guard, which operate under Title 32 and not subject to PCA.

When in doubt, read the instructions.

ยง 1385. Use of Army and Air Force as posse comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Lghts and perimeter security at multiple crime scenes while the local civil authorities rest and eat doesn't constitute execution of the laws.

Foolish lieutenant colonel? Certainly.
Violation of law. Not in a hundred years, despite the bleatings of the untrained left wing constitution scholars posting here.

Not that were the lights and MPs from a Navy or Marine unit, the statute would never apply. But it might with respect to the Air farce, which was once a component of the Army.

And as someone here aptly noted, the National Guard is exempt from the Act.

I bet the Alabama National Guard was busy in Iraq or Afganistan...

I really wish the National Guard couldn't be used outside the borders of the USA. They are actually very helpful during disasters and stuff.

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