The Mudcat Café TM
Thread #62901   Message #1571212
Posted By: Amos
26-Sep-05 - 11:02 PM
Thread Name: BS: Popular Views of the Bush Administration
Subject: RE: BS: Popular Views of the Bush Administration
From a correspondent:

Geee ... and here I thought the conservatives and those on the
"Right" LIKED Posse Comitatus -- the 1878 Act prohibiting presidents
from using the military to conduct "consequence management
operations" normally limited to civil police agencies under LOCAL and
STATE control. (But then again, I thought the "Right" also opposed
run-away government pork/spending, too. Silly me!) --jim






"Look what got created in 2002.



http://www.northcom.mil/index.cfm?fuseaction=s.whoweare


It's mission statement reads like a blank check.

The command's mission is homeland defense and civil support,
specifically:

Conduct operations to deter, prevent, and defeat threats and
aggression aimed at the United States, its territories, and
interests within the assigned area of responsibility; and
As directed by the President or Secretary of Defense, provide
defense support of civil authorities including consequence
management operations.
U.S. Northern Command plans, organizes, and executes homeland
defense and civil support missions, but has few permanently
assigned forces. The command will be assigned forces whenever
necessary to execute missions as ordered by the President.

Approximately 1,200 civil service employees and uniformed personnel
representing all service branches provide this essential unity of
command from U.S. Northern Command's headquarters at Peterson Air
Force Base in Colorado Springs, Colo.


I wondered why the President was riding out Rita there....




The law of Posse Comitatus:

Posse Comitatus Act

Section 1385 of Title 18, United States Code (USC), states:

"Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or 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."




The PCA does not apply to the U.S. Coast Guard in peacetime or to the National Guard in Title 32 or State Active Duty status. The substantive prohibitions of the Posse Comitatus Act (PCA) were extended to all the services with the enactment of Title 10 USC, Section 375. As required by Title 10 USC, Section 375 the secretary of defense issued Department of Defense Directive 5525.5, which precludes members of the Army, Navy, Air Force, or Marine Corps from direct participation in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

The PCA generally prohibits U.S. military personnel from direct participation in law enforcement activities. Some of those law enforcement activities would include interdicting vehicles, vessels, and aircraft; conducting surveillance, searches, pursuit and seizures; or making arrests on behalf of civilian law enforcement authorities. Prohibiting direct military involvement in law enforcement is in keeping with long-standing U.S. law and policy limiting the military's role in domestic affairs.



I recommend we keep it that way except in dire emergency. I have no objection to the Navy helping bail out New Orleans. The minute there is a sniff of them being used as law enforcement, I start seeing redcoats.

A