Baseball91's Weblog

July 25, 2009

Those Domestic Situations

The New York Times reports today that the Bush administration in 2002 considered sending U.S. troops into a Buffalo, N.Y., suburb to arrest a group of terror suspects in what would have been a nearly unprecedented use of military power.

According to U.S. Sen. James Inhofe (R-OK) and U.S. Rep. Brad Sherman (D-CA) said that as U.S. Treasury Secretary Henry Paulson pushed for the Wall Street bailout in September 2008, he brought up that that the crisis might even require a declaration of martial law, as a worst-case scenario.

The Associated Press notes that dispatching troops into the streets is virtually unheard of. “The Constitution and various laws restrict the military from being used to conduct domestic raids and seize property.”

A 1994 U.S. Defense Department Directive (DODD 3025) allegedly allows military commanders to take emergency actions in domestic situations to save lives, prevent suffering or mitigate great property damage. The Clinton administration had set up the Joint Task Force-Civil Support in October 1999 as a “homeland defense command.”

In 2002 the Pentagon established the U.S. Northern Command, charged with carrying out military operations within the United States. Prior to this, under the Posse Comitatus Act of 1878, the U.S. armed forces had been barred from domestic operations, except in specific, limited circumstances.

So that Associated Press note about “dispatching troops into the streets as virtually unheard of” is a historic note. It is a mistake to say the “constitution and various laws restrict the military from being used to conduct domestic raids and seize property.”

Pentagon officials at one point to end 2008 were projecting some 20,000 active-duty U.S. troops to be stationed in the United States by 2011.

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1 Comment »

  1. For states – dare I say Congress – to legislate on the basis of this case, it is worth noting that extreme cases make extreme laws.

    Comment by baseball91 — October 31, 2015 @ 3:44 PM | Reply


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