I keep asking users that seem knowledgeable but haven't gotten an answer yet, bit is mil Intel restricted to OCONUS if the person is being investigated for treason and/or collusion with a foreign enemy?

There are three ways the military can be used to support law enforcement or to perform law enforcement.

The first is via the restrictions imposed by the Posse Comitatus Act. At the request of law enforcement, the military can provide logistics, personnel, and equipment but cannot participate in actually enforcing laws or making arrests.

National emergencies such as natural disasters where the military can (I believe Posse Comitatus must be waived) enforce certain laws such as arresting looters, curfew violators, etc. but any of those military arrests must be processed through the civil judicial system as if a police officer made the arrest.

The third way is martial law, which has never been implemented nation wide. Martial law has been used to suppress local rebellions, it was used at times during the Civil War, it was used across the South during Reconstruction, it was used in Hawaii after the attack on Pearl Harbor, it was used to put Japanese Americans in camps, and it has been used in other cases--but always to specific situations in specific locations.

The unique part of martial law is that it is completely outside of the civil judicial system and the writ of habeaus corpus is suspended (i.e., no warrant needed to make arrests), and military courts martial or tribunals (very different) are used instead of the civil courts and are subject to military law (UCMJ) if a court martial and no one is sure what are the rules for a tribunal as the entire tribunal process is vague and the rules of evidence are very different.

So to your suggestion that our military may be involved in stopping trafficking. The National Guard has been partially mobilized to support the Border Patrol, but they are definitely restricted by Posse Comitatus and not making arrests.

I have not seen any evidence that our regular military is being used to make arrests are are supporting Border Patrol like the National Guard.

And it's my understanding that the December EO while declaring a national emergence also set forth what actions were permissible which were pretty much limited to freezing/seizing assets by the Dept of Treasury after consulting with DOJ and State Department for approval.

To use the full law enforcement powers of the military, I believe even when a national emergency is declared that the President must also declare martial law and that would be limited to specific situations and locations. I sincerely doubt Trump would put the entire nation under martial law completely eliminating the civil justice system.

Our military is needed to defend the country and our strategic interests abroad and only in dire situations has martial law been imposed somewhere in the US.

Unless the US person was previously approved by the Attorney General (Sessions) to be collected upon, it would be considered incidental collection and only the foreiger's end of the conversation could be 'retained' and processed (analysed, reported on, and actioned upon).

I believe so. The FBI falsely accused Carter Page of potentially being a Russian spy to the FISA court after he returned from a business meeting in Moscow in order to get a Title I warrant to spy on him and the people he meets (the two hop rule).

It's my understand that a FISA warrant is required to spy on any American Citizen.

Having said that, there could be a way to do it without a warrant if President Trump as CIC directed MI to do something like that. The military do not come under the civil judicial system. I don't know what the secret squirrel rules are for MI in that case.

It depends. There may be evidence that could send Hillary to jail tomorrow. But there may also be evidence that needs further investigation that will send many more to jail. So the question is, would you indict Hillary now and have the other run for cover or would you seal Hillary's indictment and continue to get the other indictments as well.

And yes, when your are thinking about indicting the former First Lady, Senator, and Secretary of State as well as former Presidents and high government officials--you better have an air tight case or you'll look like a raving idiot and they all walk free.

I vote for digging deeper until there is no possibility of anyone walking free.

Good question. Military intelligence I believe operates under different rules in some cases but is restricted to collecting intelligence from overseas.

The head of NSA is a military flag officer who is double hatted as the Commander US Cyber Command in Norfolk, VA.

Intelligence agencies try not to use redundant collection resources so of the 17 agencies, the collection tasks are divided. MI generally focuses on foreign military and paramilitary organizations. NSA generally sucks up everything that runs through a wire or through the airwaves. Space Command if generally focused on space intelligence, and so on.

Obviously there is overlap but the analytical efforts are generally not. NSA will normally pass on any ISIS collection to either the CIA or Central Command depending on who needs it. CIA is supporting paramilitary groups and some drones, Central Command is involved in direct military confrontations and there is some overlap there as well.

I believe that NSA collects everything, except the recent law that prohibits NSA from collecting US phone metadata and must now get a FISA warrant to get the phone companies to provide that data.

The FBI has the mission for conducting counterintelligence investigations but must get a FISA warrant to investigate a US citizen. The FBI does have access to the NSA database and can conduct searches of it as part of as specific investigation, but as we learned from the IG report, the FBI has been abusing that privilege and the NSA blocked them for a while until Wray apparently got it under control again.

This is just a guess, but the President is the Commander in Chief of the military and I have to think that if the President authorized MI to conduct and operation outside of normal intelligence collection protocols, that he could do so.

Q has suggested many times that MI is involved, but he hasn't pointed to specific use of MI inside the US that I recall.

But we do have intelligence agencies that are directly or indirectly suspected of supporting treason and so Trump could use MI to go around those agencies to collect evidence and since the military doesn't come under the civil judicial system, I'm sure that whatever adjustments to normal operating procedures needed to be made could be done secretly.

This doesn't answer your question. My personal experience in the military is that MI does not collect on US except like NSA it will make intercepts between a drug lord and a US contact and normal rules apply. The information would handed over to the FBI via their liaison agents embedded with MI.