Reply #462: 9/13 Move in Senate to "Revise" Posse Comitatus!

[snot]

(Not sure where to put this . . . but it's impt.)

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x2086673
Sen. Warner & Snow: "revise" Posse Comitatus & Insurrection Acts

Senator Warner (R-Va) fires first shot to revise/repeal the posse comitatus act & the insurrection act.

Live from floor speech...developing. Warner asked unanimous consent his "thoughts" be entered into the record (may be available in Thomas tomorrow, but any DU members from Virginia, please call his office and get/post a copy of his "thoughts" here ASAP).

His direction was immediately seconded by Senator Snow (R-Maine).

http://www.uscg.mil/hq/g-cp/comrel/factfile/Factcards/PosseComitatus.html

"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://matewan.squarespace.com/journal/2005/9/7/the-ins...

The Insurrection Act
§ 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.