President Trump vowed Sunday night that, if necessary, he would use the U.S. military to assist in controlling the looting and violent protests taking place throughout the country, which has raised questions on what degree the armed forces can legally get involved with domestic law enforcement.
The framework for this is largely set by two laws: the Posse Comitatus Act and the Insurrection Act.
The Posse Comitatus Act generally forbids Army or Air Force involvement in domestic law enforcement.
“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,” the law says.
The statute only applies to the Army and Air Force, but 10 USC 275 calls for the Secretary of Defense to “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.”
These laws do not prohibit the use of the U.S. Coast Guard or National Guard.
Yet the prohibitions against using the military for domestic law enforcement have several exceptions. If President Trump were to call on them to help quell riots, he would likely do so under the Insurrection Act, which allows the president to call on the U.S. armed forces to assist in law enforcement in certain circumstances.
Those situations include “any insurrection, domestic violence, unlawful combination, or conspiracy” that “hinders the execution of the laws of that State, and of the United States within the State,” specifically where “any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law,” and the state’s own authorities “are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection.”
The president can also use armed forces in the event of violence or an insurrection that “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws,” or if a state calls on the president to help quell an insurrection against the state’s government.
During his remarks Monday evening, Trump specifically said that use of the military would either be at the request of states to have the National Guard deployed, or in the event that cities or states refuse to take measures to protect their residents.
“If a city or a state refuses to take the actions that are necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them,” Trump said.
Other exceptions to the Posse Comitatus Act are statutes that allow for the U.S. Department of Defense to assist in counterdrug and counter-transnational organized crime operations, cases involving nuclear materials, and where the secretary of defense and attorney general agree that there is an emergency situation involving weapons of mass destruction that “poses a serious threat to the interests of the United States” and is beyond the capabilities of regular law enforcement.
I wish you would be more accurate about where the violence is breaking out…it is 95% in the democrat controlled state, counties, and cities…! An yes the president has to use the military to stop it because the democrat’s are to stupid to strop it!
Thank you for this information. I looked it up and there seems to be a provision where congress would have to approve for our President to send in the military nationwide. There is no hope that Congress would ever allow it, no matter how much destruction took place because they are mostly Democrats and their main goal is to get a Democrat in the White House, even if their constituents suffer the consequences of their actions. I find it outrageous that more governors did not ask for help to protect their citizens simply because they do not agree with the President’s policies or rhetoric. And, I am very disgusted with the mainstream media for not only reporting only negative things about the President but also for twisting everything the President does or says into something negative. I’m really tired of it! Another thing I’d like to see investigated on a federal level is who, exactly, had the piles of bricks and stones placed where rioters could use them to create mayhem and destruction. That stuff didn’t just happen to be there and someone needs to answer for it! I am proud to say that even though I did not participate, my area held several peaceful protests.
I am with the president to gain the peace and the safety in our country in all the united states no matter at what expense to have this done. Our country in in a real turmoil. I ask all Americans to stand with our president to keep our country safe, free, and united. Our future is so unknown at this time. We must defend it to keep our country Great Again. God Bless yiu Mr. President for all you do. I know yiu work hard every dad. Sone people just dont understand what pressure you endure and all the attacts from the lefts daily if they really knew. But i thank you !!!
President Trump You have the Marine Corp at Your disposal .This is a war that is going on . They are Your personal “Army” . Check the constitution about the Corp .
Let me make this perfectly clear, the president should use ANY MEANS NECESSARY to put these pieces of shit out of commission for the rest of their lives. He should then go after all the supporters Of treason in this country. I am talking about unlawful people showing no regard for the property ,or lives of others. I go along with shooting them on sight ,no rubber bullets.
They want to play this game they should be able to take the consequences Of their actions.
Pieces of crap like George the POS Soros should be at least deported, better yet in the public square. The fucking commies and their stupid laws prevent this, WHAT A SHAME. The moron liberals in Hollywood who like these anarchists hide behind the gates in their special communities. Wonder why the terroeists don’t attack them, oh yeah, could it be because they funded by these left coast commies. The next great earthquake should find all of California and the morons living out there thrown into the ocean.
Dwight D. Eisenhower used it, Both Presidents George H.W. and George W. Bush, respectively invoking it, Abraham Lincoln also. Funny how everything is a big deal when Trump does it. The DemonRAT party, and the violent protesters are burning cities down.
I think this is out of controll and the military needs to used.
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