[Mb-civic] PCA, Title 18 of the U.S. Code (USC)

[Lyle K'ang]

>From my dear friend, MARESEATOATS:

Forum:    the Legislative Issues Forum
Subject:  About that Inauguration
From:      (MARESEATOATS)
To:       (ALL)
DateTime: 11/10/2004 1:12:53 AM

Now the Pressident has said that he has garnered a lot of  "political 
capital"  that the "people have given him a mandate"...that the 
"people have spoken".   Hmmm so if the "people" love him so 
much how come plans for his "crowning...uh inauguration"  include the 
use of several thousand police personnel from various jurisdictions across the 
nation and........4,000 military personnel ( a platoon at least) to protect him 
during inaugural day...and that "invitations" will be more severally 
scrutinized.
Does OUR GREAT LEADER  fear his people?   Remember at his last inauguration 
parade there were 100,000 protestors who booed him and egged his car.( of course 
the media did not show this on camera)..but hey he was "selected" then 
and shucks he has been eeeeeelected ( as in electronically chosen) this time and 
tha people gave him a mandate...right?   So why is he so afraid?  and why with 
the calling in of the military is he doing this?:
Posse Comitatus Act
The "Posse Comitatus Act" (PCA), Title 18 of the U.S. Code (USC), 
Section 1385, states: "Whoever, except in cases and under circumstances 
expressly authorized by the Constitution or Act of Congress, willfully uses any 
part of the Army or 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." 
Department of Defense (DoD) Directive 5525.5 extended the PCA to the U.S. Navy 
and U.S. Marine Corps. The PCA does not apply to the U.S. Coast Guard. 
The PCA generally prohibits U.S. military personnel from interdicting vehicles, 
vessels and aircraft; conducting surveillance, searches, pursuit and seizures; 
or making arrests on behalf of civilian law enforcement authorities. Prohibiting 
direct military involvement in law enforcement is in keeping with long-standing 
U.S. law and policy limiting the military's role in domestic affairs. 
However, Congress has enacted a number of exceptions to the PCA that allow the 
military, in certain situations, to assist civilian law enforcement agencies in 
enforcing the laws of the United States. The most common example is counterdrug 
assistance (Title 10 USC Sections 371-382). Other examples include: 

The Insurrection Act (Title 10 USC Sections 331-334). This act allows the 
President to use U.S. military personnel at the request of the State Legislature 
or Governor to suppress insurrections. It also allows the President to use 
federal troops to enforce federal laws when rebellion against the authority of 
the United States makes it impracticable to enforce the laws of the U.S. ( 
aha!...so he is afraid that there might be an "insurrection" against 
his government!) ( Also this is why Rumsfeld set up the new military command 
known as the Northern Command...I warned you folks 3 years ago!) 
Assistance in the case of crimes involving nuclear materials (Title 18 USC 
Section 831). This statute permits DoD personnel to assist the Justice 
Department in enforcing prohibitions regarding nuclear materials, when the 
Attorney General and the Secretary of Defense jointly determine that an 
"emergency situation" exists that poses a serious threat to U.S. 
interests and is beyond the capability of civilian law enforcement agencies. 
Emergency situations involving chemical or biological weapons of mass 
destruction (Title 10 USC Section 382). When the Attorney General and the 
Secretary of Defense jointly determine that an "emergency situation" 
exists that poses a serious threat to U.S. interests and is beyond the 
capability of civilian law enforcement agencies, DoD personnel may assist the 
Justice Department in enforcing prohibitions regarding biological or chemical 
weapons of mass destruction. ( Or is he just afraid of another attack by 
Osama...this time with chemical or nuclear weapons?....nah...he thinks 
protestors are insurrections....Bubble Boy is now going to use the U.S. military 
in country against U.S. citizens who disagree with him....hmmmm sounds rather 
facist to me.)
Military support to civilian law enforcement is carried out in strict compliance 
with the Constitution and U.S. laws and under the direction of the President and 
Secretary of Defense.( So Bubble Boy is gonna crown himself king and just to 
make sure no one gets to disagree with that concept he is gonna have the 
military and "certain other law enforcement officers from carefully chosen 
jurisdictions in swat teams take care of the "American 
insurgents".....oh well I guess we will really know how the Iraqi people 
feel now....no wonder Osama wanted Bush "elected".

 
 

Edited 11/10/2004 1:13 am ET by mareseatoats

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Lyle K'ang
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