Friday, September 25, 2009

POSSE COMITATUS ACT:

There are a number of situations in which the Act does not apply. These include:

It looks like the National Guard/military actions may be justified under the first two exceptions and if not both then almost certainly the first one.

Also this information was taken from p.155 of MILITARY LAW REVIEW Vol. 175 in an article titled: THE POSSE COMITATUS ACT: SETTING THE RECORD
STRAIGHT ON 124 YEARS OF MISCHIEF AND MISUNDERSTANDING
BEFORE ANY MORE DAMAGE IS DONE

"The bases of these non-express exceptions are not clear;333 however, they
include: protection of DOD personnel, equipment, official guests, and
classified information; actions leading to a DOD administrative proceeding;
and actions related to the commander’s “inherent” authority to maintain
law and order on a military installation." 334

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Rumor Kill - Posse Comitatus