There are a number of situations in which the Act does not apply. These include:
- National Guard units while under the authority of the governor of a state;
- Troops used under the order of the President of the United States pursuant to the Insurrection Act, as was the case during the 1992 Los Angeles Riots.
- Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defenseprovide emergency assistance if civilian law enforcement is inadequateto address certain types of threats involving the release of nuclear materials, such as potential use of a nuclear or radiological weapon.Such assistance may be by any personnel under the authority of theDepartment of Defense, provided such assistance does not adverselyaffect U.S. military preparedness.
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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