View Single Post
Old March 20, 2009, 04:54 PM   #52
highrolls
Senior Member
 
Join Date: January 20, 2009
Location: already given
Posts: 115
LaBulldog, there is much much more to it than that.

Quote:
Originally Posted by TEDDY
the prohabition is to prevent active interaction against civilians.there is nothing about helping in traffic control or helping in a hurrican situation.the ruby ridge and waco were what should not happen.get real,or you will see bogge men all night.
The Act was necessary to address severe grievances required to restore the Confederacy to the Union. It is on a par with the constitution, and violation could be argued as a risk to the stability of the Republic.

http://www4.law.cornell.edu/uscode/18/1385.html

Title 18 US Code, PART I, Chapter 67, 1385, The Posse Comitatus Act
In a nutshell, this act bans the Army / Air Force from participating in arrests, searches, seizure of evidence (or protecting evidence) and other police-type activity on U.S. soil. The Coast Guard and National Guard troops while under the command of STATE GOVERNORS are excluded from the act. Naval operations under Coast Guard command would be also be excluded. Under specified circumstances, the Marines can be excluded as well.

The Act as originally written contains specific punishments for violation - no exceptions. 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. (No exceptions)

Change Note: POST WWII: The only exemption allowed for the Army/Air Force has to do with nuclear materials (18 U.S.C. 831 (e)

Ruby Ridge did not involve the Posse Comitatus Act. Waco may have, but was obfuscated with the aid of the then current administration.

Under the posse comitatis Act, the Army/Air Force can't get involved in local, national law enforcement, but there is a stipulation that the Marines can help if signed off by the defense secretary, the chairman of the joint chiefs. (i.e. Marine Commander) For Army/Air Force, Congress would have to change the law.

There have been problems associated with Posse Comitatus even when used according to the Act.

Example is taken from James D. Delk, author of "Fires & Furies: The L.A. Riots"

LA Riots
29 April 1992: Police officers acquitted in beating trial of Rodney King
Most destructive civil disturbance in US history, causing the deaths of at least 54 people and more than $800 million in property damage throughout LA County. More than 10,000 troops from the California National Guard (CANG - under direction of California State Govenor) and 1,500 Marines were deployed to the area at the height of operations.

Sample incident: Marines assigned to "assist" local law enforcement, and Marine Squad Leader subordinated to senior police officer, operating under authority: special circumstance, posse comitatis exclusionary. No other instructions provided to Marines.

Circumstance: Police officers responding to a domestic dispute, accompanied by marines. They had just gone up to the door when two shotgun rounds were fired through the door, hitting the officers. One yelled "cover me!" to the marines as they retreated to safety. The Marines then laid down a heavy base of fire. . . . The police officer had NOT meant "shoot" when he yelled "cover me" to the marines. [He] meant . . . point your weapons and be prepared to respond if necessary. (Police training) However, the marines responded instantly in the precise way they had been trained, where "cover me" means provide me with cover using firepower. . . .over two hundred bullets [were] fired into that house in less than a minute.
highrolls is offline  
 
Page generated in 0.03708 seconds with 8 queries