repost from heel of last bread
LAWFAG on posse comitatus act
18 U.S. Code § 1385 - Use of Army and Air Force as posse comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the 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 act does NOT includes the United States Navy and the United States Marine Corps, however the Navy and Army have prescribed regulations that are generally construed to give the act force with respect to those services as well - IN OTHER WORDS WATCH THE PEN ANONS - THESE CAN BE MODIFIED ANYTIME BY POTUS
AND OH BTW Looky what was REPEALED in DECEMBER 2016
10 US Code Section 332 states: "Whenever the President considers the unlawful obstructions, combinations, or assemblages, or rebellion against the United States, makes it impracticable to enforce the laws of the United States in any state or territory by the ordinary course of judicial proceedings, he may call into federal service such of the militia of any state, and use such of the armed forces to suppress the rebellion." On its face this is a very low threshold, only elevated by political considerations.
https://ssi.armywarcollege.edu/pubs/parameters/articles/97autumn/lujan.htm
Major exception to CP Act - POOF GONE!
repeal by Pub. L. 114–328, div. A, title XII, § 1241(c)(3), Dec. 23, 2016, 130 Stat. 2500.https://www.law.cornell.edu/uscode/text/10/332
lawfag moar on PCA
KEY anons is this part of the law: "….except in cases and under circumstances expressly authorized by the Constitution or Act of Congress."
there are MANY legal arguments for POTIS power under the Cosntitution in time of war and national ER - But he doesnt need that since Congress passed the Insurrection Act of 1807 and it was amended by Congress in 2006 EXPRESSLY AUTHORIZING the following:
1) The President may employ the armed forces, including the National Guard in Federal service, to–
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that–
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that–
(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that 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 constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
To proclaim a state of insurrection is a necessary prerequisite if cascading powers, such as is found in 50 U.S.C. § 212 Confiscation of property employed to aid insurrection, are to be used. ((KEKS AUDIBLY))
PATRIOTS IN CONTROL
Sauce - 10 USC, Chapter 13, §§ 251-255)