WP: William M. Arkin on National and Homeland Security
Posted at 07:55 AM ET, 09/20/2005
Rumsfeld to Katrina: "Thanks"
Virginia Sen. John Warner (R.-VA) asked Donald Rumsfeld last week to conduct a "thorough review" of presidential authority to use the armed forces to "restore public order" in an emergency like Katrina. His letter (PDF) unleashed a torrent of speculation that lawmakers will soon modify or even repeal the Posse Comitatus Act, to some a thread-thin security blanket between civilian rule and martial law.
The back story? Warner, the long-standing chairman of the Senate Armed Services Committee, is either confusing the President's inadequate response with legal handcuffs that don't actually exist, or he's playing the oldest Washington game in the book: asking the Defense Department to do something it already wants to do. I'm betting the latter.
Nothing in law prevents the President from employing the military in a Katrina-like emergency if state and local government really breaks down. In fact, the 130-year-old Posse Comitatus Act more symbolizes the military's subordination to civil authority than it actually restricts what the military can do.
And Warner, of all people, should be well aware that long before Katrina, the military began rewriting its policies, manuals, and war plans associated with what it now calls "defense support of civil authorities." Post 9/11 military contingency planning for "emergency" and "immediate" response by the Pentagon is already in the process of marginalizing any previously perceived legal constraints (more on this later this week.).
"The military" for its part, if there is such a monolith, also has no greater interest in taking on nation building here than it does overseas. You know the mantra: The military exists to fight and win the nation's wars, yadda, yadda. It isn't the uniformed military that's confused about its position in society. But there is a growing cadre of mostly civilian homeland security zealots in and around the Pentagon, and they, I think, are the problem....
http://blogs.washingtonpost.com/earlywarning/