Bush won't use military to restore order in New Orleans

[quaoar]

What a worthless POS.

http://www.nytimes.com/2005/09/01/national/nationalspecial/01capital.html

In the hourlong meeting at the White House with his hurricane task force, Mr. Bush and his aides discussed at length the looting and other law enforcement problems in New Orleans and other areas, a senior administration official said. The official, who would not be identified because it was a closed meeting, said Mr. Bush and his aides reviewed all the options available to them, including using federal authority to give military personnel a direct role under the president's command in restoring order, and had been in touch with state officials in Louisiana about their needs.

The administration took no action to augment the current use of National Guard troops, under state control, to assist local law enforcement efforts. Paul McHale, assistant secretary of defense for homeland security, told a news briefing that the administration did not expect to invoke the president's authority to use active-duty military forces for law enforcement, but that the Pentagon had troops on alert in case they were needed for that purpose.

[darkism]

1. Naa, because they're going to Iran after next month's LIHOP.

:scared:

[Lifelong Protester]

2. Hmm...closed meeting

think they were really all just planning on how much American loot they could get on Air Force One and assorted private jets as they just flat out flee the country?

[wli]

16. wouldn't surprise me to be honest n/t

[FloridaPat]

3. The states have to ask for the help. It's also illegal to have the

military doing law enforcement. I'm suprised he didn't jump at that. Gut the Constitution more. But they really need rescue people. Why can't the military go in and help with the rescue and let the police deal with the looters. That would have made sense.

[quaoar]

4. It's not illegal

The president has the authority to use the military to restore order if needed.

[FloridaPat]

6. What about that "non posse" or whatever it is? Some law that says

the military can't do something in the US?

[meow2u3]

17. It's the militia, not the military

The Posse Comitatus Act forbids the president from calling the military to enforce law and order; however, the governor of a state has the right to call the militia, i.e., the National Guard, to restore order during states of emergency.

[quaoar]

5. Here's the relevant statute

TITLE 10 > Subtitle A > PART I > CHAPTER 15 > § 332

§ 332. Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

[FloridaPat]

7. Don't think that covers NO, but I'm not a lawyer. No federal laws are

being broken.

[quaoar]

8. You must be joking

[FloridaPat]

10. Which federal laws? A lot of state laws. The rebellion will probably

be early next week when everyone starts putting the pieces together.

[Best_man23]

9. Didn't the gov't use Federal Troops during the LA Riots in 1992?

[FloridaPat]

15. National Guard -

http://www.usc.edu/isd/archives/la/la_riot.html

[FloridaPat]

11. The Posse Comitatus Act of 1878 - * can't do it

June 18, 1878

CHAP. 263 - An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes.

SEC. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.

10 U.S.C. (United States Code) 375

Sec. 375. Restriction on direct participation by military personnel:

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

18 U.S.C. 1385

Sec. 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.

Editor's Note: The only exemption has to do with nuclear materials (18 U.S.C. 831 (e)"

[quaoar]

12. Posse Comitatus has been superseded over the years

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

Congress has also approved the use of the military in civilian law enforcement through the Civil Disturbance Statutes: 10 U.S.C., sections 331–334. These provisions permit the president to use military personnel to enforce civilian laws where the state has requested assistance or is unable to protect civil rights and property. In case of civil disturbance, the president must first give an order for the offenders to disperse. If the order is not obeyed, the president may then authorize military forces to make arrests and restore order. The scope of the Civil Disturbance Statutes is sufficiently broad to encompass civil disturbance resulting from terrorist or other criminal activity. It was these provisions that were relied upon to restore order using active-duty Army personnel following the Los Angeles “race riots” of the early 1990s.

Federal military personnel may also be used pursuant to the Stafford Act, 42 U.S.C., section 5121, in times of natural disaster upon request from a state governor. In such an instance, the Stafford Act permits the president to declare a major disaster and send in military forces on an emergency basis for up to ten days to preserve life and property. While the Stafford Act authority is still subject to the criteria of active versus passive, it represents a significant exception to the Posse Comitatus Act’s underlying principle that the military is not a domestic police force auxiliary.

[Lifelong Protester]

13. The government used federal troops in Little Rock. n/t

[FloridaPat]

14. Federal Troops

http://www.africanaonline.com/litle_rock.htm