Written by Shonda M. Ponder
The Posse Comitatus Act is in trouble. It is the only thing that stands in the way of stripping us of our freedom right now, and there are some in the defense department who are calling for a review of it. Deputy Secretary of Defense Paul Wolfowitz is one of them. Senator John Warner, R-Va, is another.
"We saw from within the cities and towns and villages of this great nation came the enemy.When that type of thing happens, we have to bring together every asset in the United States of America, irrespective of where it comes from - military, civilian and the like," Warner has stated, according to an Associated Press Report
Much of the threat of terrorism has been linked to the illegal drug trafficking, which is financing the weapons and training of the terrorists. For this reason, Bush has been adamant that this "War" is a "different kind of war", but is treating it with the same force as the "War on Drugs." The War on Drugs is the only other effort that has had to carefully examine the Posse Comitatus Act.
On September 24, 1999, Brigadier General Dorian T. Anderson sought to provide Title 10 military units in support of drug law enforcement agencies to stem the flow of illegal drugs into the continental United States. At a hearing held by the Committee on Government Reform about the drug threat along the Southwest Border, he stated:
"I would like to emphasize the words 'in support of.' With domestic law enforcement agencies in the lead, military units support their efforts with capabilities that are requested by law enforcement officials. We accomplish this support by deploying elements such as aviation reconnaissance units into operational areas. All supporting personnel are briefed on the Joint Chiefs of Staff Standing Rules of Engagement, trained in the legal constraints of the Posse Comitatus Act, intelligence oversight regulations and the environmental laws and statutes in the area in which they operate. Units deployed by Joint Task Force Six provide positive, 24 hour command and control of all assigned personnel through appropriate measures to ensure force protection, prevent accidents and ensure successful mission performance."
Previous reports on domestic terrorism have always sought to incorporate the Posse Comitatus Act into any plans of deterrency without such calls for considering to change it. In a report called "Domestic Preparedness against Terrorism: How ready are we?" on March 24, 2000, before a House Subcommittee on National Security, Veterans Affairs And International Relations, Brigadier General Bruce
M. Lawlor stated:
"A key point to make here is our relationship to the Lead Federal Agency (LFA). Under no circumstance will U.S. Joint Forces Command or JTF - CS (Joint Task Force - Civil Support) be in charge of the consequence management site. We will always act in support of an LFA, and will participate as a follow-on consequence management force behind first responders and state assets that normally arrive at the incident site first. The Commander of JTF-CS and his permanent staff, through constant exposure to the issues inherent in operations in the United States, will be able to apply the strengths resident in a military organization. They will do this in complete compliance with the Constitution, the Posse Comitatus Act, and other applicable laws."
The point to be made here is that every act of civil defense done in accordance with the suggestions made at the hearings reveal that there is no need whatsoever to do away with the Posse Comitatus act. The problem that seems to have arisen is not whether or not the Posse Comitatus act is a valid subject of reconsideration. The problem stems from the public's "right to know" about certain military operations within civilian territory.
In a recent press release sent by Norm Olson of the Michigan Militia Corps, Wolverines, he resounded his frustration that the Government was not keeping the citizen militia informed of its actions within the United States, and that it could cause endangerment--both of civilian lives and military personel. Olson maintains that the government's failure to incorporate the citizen militia for matters of home defense security has done much to encourage the terrorist attack of September 11, 2001. After all, the Posse Comitatus act does not apply to civilian law enforcement, and the citizen militia is answerable to the county sheriffs, which are civilian law enforcement in their areas.
See Also:
Bush Touts Homeland Security Dept.
Mon Jul 22,10:27 AM ET
U.S. Mulls Military's Domestic Role
Sun Jul 21,11:31 PM ET "
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