Shrub & CHERTOFF Flunked the Posse Comitatus Act

[UTUSN]

The local radio talkshow wingnut has been having fits over "federalizing" the response to Katrina and whatever disaster relief/reconstruction. He has been citing the Posse Comitatus Act and today he had a prof as a guest, but this prof was zeroing-in on Shrub and CHERTOFF: He said that Before the "Homeland Security" takeover of everything, the posse comitatus angle was handled by the DOJ, and had worked very well, that administrations previous to Shrub's had UNDERSTOOD it and used it well, that with the coming of "Homeland Security" these functions had transferred over to the Homeland Security Department, but this new set of bureaucrats had "forgotten" how to use it, that the way it worked was that when a disaster was proclaimed the DOJ became the LEAD AGENCY, with ALL of the cabinet departments at its disposal and beck-&-call, that this was supplanted by Homeland Security, meaning that CHERTOFF in effect was supposed to be the very TOP DOG, but that Shrub and CHERTOFF kept asking for authority to perform this-and-that WHEN THEY ALREADY HAD IT. The prof said there were multiple "templates" for all contingencies over at the DOJ, which Homeland Security dropped the ball with.

In Googling "posse comitatus" the first two links were Aryan Nation crap. What does the creeptoid community get out of all this?

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http://www.uscg.mil/hq/g-cp/comrel/factfile/Factcards/PosseComitatus.html
Posse Comitatus Act
Source: G-OPL

"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction Era criminal law proscribing use of Army (later, Air Force) to "execute the laws" except where expressly authorized by Constitution or Congress. Limit on use of military for civilian law enforcement also applies to Navy by regulation. Dec '81 additional laws were enacted (codified 10 USC 371-78) clarifying permissible military assistance to civilian law enforcement agencies--including the Coast Guard--especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance, etc.) while generally prohibiting direct participation of DoD personnel in law enforcement (e.g., search, seizure, and arrests). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews). Positive results have been realized especially from Navy ship/aircraft involvement.


http://www.homelandsecurity.org/journal/articles/Trebilcock.htm

The Myth of Posse Comitatus
Major Craig T. Trebilcock, U.S. Army Reserve

October 2000
.... ...Western nations have labeled terrorists “criminals” to be prosecuted under domestic criminal laws. Consistent with this, the Department of Justice has been charged as the lead U.S. agency for combating terrorism. However, not all terrorist acts are planned and executed by non-state actors. Terrorism refers to illegal attacks on civilians and other nonmilitary targets by either state or non-state actors. This new type of threat requires a reassessment of traditional military roles and missions along with an examination of the relevance and benefits of the Posse Comitatus Act. ....

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[UTUSN]

1. Plus, "Homeland Security" Wanted to Get Mitts on FEMA's $$$$$$$

Other tidbits from the prof:

In the Olden Days, when DOJ had the lead role, the Attorney General was de facto as powerful, if not moreso, than the prez. But the upside of this was that a CIVILIAN was in charge of the military. Actually, the same scenario is supposed to be in effect under "Homeland Security" with CHERTOFF (the civilian) being this person, the buck-stops-there.

But this didn't happen. CHERTOFF claimed FEMA was in charge. FEMA claimed the governor and mayor were in charge.