Those who have followed my past posts on Posse Comitatus and the increasing concern regarding the federal military conducting training for domestic operations should read Army Investigating How and Why Troops Were Sent Into Alabama Town After Murder Spree
“On March 10, after a report of an apparent mass murder in Samson, Ala., 22 military police soldiers from Fort Rucker, Ala., along with the provost marshal, were sent to the city of Samson,” Harvey Perritt, spokesman for the U.S. Army Training and Doctrine Command (TRADOC) at Fort Monroe, Va., told CNSNews.com on Monday.
The article questions under whose authority the federal troops were called. An investigation is currently under way, but the troops were not called up by Alabama Governor Bob Riley.
Wrongful use of federal troops inside U.S. borders is a violation of several federal laws, including one known as the Posse Comitatus Act of 1878, Title 18, Section 1385 of the U.S. Code.
The article continues to outline the Insurrection Act amendment of 2007 as follows (emphasis mine):
In addition, there is the Insurrection Act of 1808, as amended in 2007, (Title 10, Section 331 of the U.S. Code) under which the president can authorize troops “to restore order and enforce the laws of the United States” in an insurrection.
Unfortunately, the Insurrection Act is unclear as whether the President, upon request of a Governor, may call in the National Guard forces of another state, or whether he may deploy federal troops:
“Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection,” the law states.
In 2007, Congress expanded the list to include “natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition” as situations for which the president can authorize troops, provided that “domestic violence has occurred to such an extent that the constituted authorities of the state or possession are incapable of maintaining public order.”
The article goes on to state:
Congress has been clear that the use of U.S. troops for civilian police purposes is forbidden.
However, this is most certainly NOT the case, as documented by many sources, including the Army Times, as I have covered here. Both the legislative and executive branches of the federal government have, in fact, been anything but “clear” on this issue.
This is yet another interesting development in overreach by the federal government. As always, I will continue to follow these stories closely. It is evident that we are reaching critical mass on these issues. As billions of taxpayer dollars are spent and trillions more printed, as the federal government continues to expand its reach into more areas of American’s lives, as the Bill of Rights is trampled, as our Constitution is ignored and as more states pass motions clarifying their rights under the Constitution and clarifying their right to ignore unconstitutional measures by the federal government, 2009 promises to be a busy year.