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POSSE COMITATUS ACT

tshade

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THEN THERE’S THE POSSE COMITATUS ACT - BUT WHO OBEYS LAWS, RIGHT?
The Posse Comitatus Act is a US federal law that restricts the use of the US military for domestic law enforcement purposes, unless explicitly authorized by the Constitution or an Act of Congress. It generally prohibits the use of the Army, Air Force, and Space Force to execute the laws. While the Navy, Marine Corps, and Coast Guard are not explicitly mentioned in the Posse Comitatus Act, they are subject to similar restrictions through other means, like Department of Defense directives.

 
Trump is using the home rule act which allows him to use the national guard without violating the posse comitatus act because guard members are not considered active duty military.
 
aociswundumho said:
Trump is using the home rule act which allows him to use the national guard without violating the posse comitatus act because guard members are not considered active duty military.
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That sounds like a "contrivance" to circumvent "Posse Comitatus Act".
There is no one more federal than the President.

The Posse Comitatus Act generally does not apply to the National Guard when it is under the control of a state governor. However, when National Guard members are called into federal service (or "federalized"), they become part of the federal armed forces and are then subject to the Posse Comitatus Act.
 
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DC stands on its own. They are separate from States.
Congress rules DC. And the president. If there's legit reason for president to intervene.

But Congress or the courts have to state if the president over stepped boundaries.
 
Not applicable to stand ALONE DC
 
craig said:
The mayor is elected and not federal and can call out the guard, not the President.
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Yes, the Mayor is elected.
The Mayor reports to the president or it's representative. DC is stand alone federal land.
 
dairyair said:
Yes, the Mayor is elected.
The Mayor reports to the president or it's representative. DC is stand alone federal land.
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No, the Mayor of Washington, D.C. does not report to the President. The Mayor is the head of the executive branch of the District of Columbia's government. The District of Columbia has a unique status as a federal district, but its government is largely self-governing. The Mayor is elected by the citizens of D.C. and is responsible for enforcing local laws and overseeing city services. While the District of Columbia is subject to Congressional oversight, the Mayor does not report to the President in a direct chain of command.
 
Unlike your opinion. I will give the facts as I find them.

...

Understanding the Relationship Between D.C. and the Federal Government

Washington, D.C., isn’t like any other American city. It’s not a state, and it’s not part of one. Instead, it’s a constitutionally mandated federal district—a “seat of government” designed to be under direct congressional control. This special status creates a complex relationship between the...
govfacts.org
 
tshade said:
the act says nothing about "states"

not true
Click to expand...

Understanding the Relationship Between D.C. and the Federal Government

Washington, D.C., isn’t like any other American city. It’s not a state, and it’s not part of one. Instead, it’s a constitutionally mandated federal district—a “seat of government” designed to be under direct congressional control. This special status creates a complex relationship between the...
govfacts.org
 
You better reread Posse Comitatus.
Federal code Title 32 U.S.C. § {{{2}}} establishes and affirms that National Guard units are controlled by their respective state governors by default. While the Guard remains under state command, the Posse Comitatus Act does not apply. However, under 10 U.S.C. § 12406, the President may place a state’s National Guard under federal command if (1) the United States is invaded, (2) there is a rebellion or danger of rebellion against federal authority, or (3) the President is unable to enforce federal law with existing forces. Once federalized under Title 10, National Guard personnel are treated as active-duty military and become subject to the Posse Comitatus Act.
 
aociswundumho said:
Trump is using the home rule act which allows him to use the national guard without violating the posse comitatus act because guard members are not considered active duty military.
Click to expand...
And you post with a straight face as if Trump gives a shit about the legality of his actions.
 
aociswundumho said:
Trump is using the home rule act which allows him to use the national guard without violating the posse comitatus act because guard members are not considered active duty military.
Click to expand...

So then this can be done in rural America. Interesting. Good to know- you know, fir future reference.
 
craig said:
The mayor is elected and not federal and can call out the guard, not the President.
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The president has sole authority over the guard in DC
 
I think that fact that DC is not a state factors into the situation.
 
dairyair said:
DC stands on its own. They are separate from States.
Congress rules DC. And the president. If there's legit reason for president to intervene.

But Congress or the courts have to state if the president over stepped boundaries.
Click to expand...
We have a Congress? Who knew.
 
aociswundumho said:
If he didn't care about legality he would just bring in the army.
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Not so fast.

The armed forces can execute a military mutiny against that by remaining in their barracks -- unit by unit throughout the chain of command. Given staying in the barracks is a form of military mutiny the generals and admirals would reject Trump trying to fire 'em for ordering it to occur.

You need to know how generals and admirals think which is absent from your post and 99.9% of all posts. So spare me the obey the commander in chief thingy thx. We'd be talking military mutiny, not normal and regular norms and routine. And not a coup d'état although it could develop into that.
 

Your assumption that generals would flat out defy the president ignores the reality that, historically, senior military leaders don't casually gamble their careers and pensions on political brinkmanship. The chain of command exists for a reason, and betting on a coordinated stand down is more of a fantasy than a viable strategy.
 
There is no emergency. This is an unconstitutional act by Trump. He is fomenting civil war.
 
So you're betting on a military dictatorship.
 
Your post missed what I said.

Historically right into the present the USA armed forces are antifascist. And there's no gamble about it for the guys with the guns.

Your post is pedestrian tripe-- this is not about military pensions. Your post has no clue of the armed forces versus Trump the dictator tyrant and fascist. You don't know the military oath and code. The armed forces will never salute Putin either. Or Xi. Or Kim. The military chain of command is unified and it is firm -- and the chain of command is a function, not a strategy. The chain of command is solid right down to the last grunt and swabie rust picker luv 'em all.
 
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