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TomSlick

(12,715 posts)

37. The Posse Comitatus Act is based on command responsibility.

Reply to James48 (Reply #29)

Fri Sep 5, 2025, 01:47 PM

Sep 5

. . . it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress. . . . (Emphasis added)

The PCA does not purport to criminalize participation in violations of the statute by private soldiers. How far down the chain of command the power to "employ" the military in law enforcement reaches is a difficult question. If I was making the call, I would stop at levels of command that have Staff Judge Advocates - usually O6 and higher commands.

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With no end in sight, National Guard troops deployed to DC grow weary [View all] BumRushDaShow Sep 4 OP

Hopefully word spreads among the Military Bread and Circuses Sep 4 #1

It will never get to the head of the military HarryM Sep 5 #31

Ages ago, bamagal62 Sep 4 #2

The foot patrols are probably helping lower violent crime, albeit temporarily. maxsolomon Sep 4 #3

But they haven't been deployed in those areas where that is happening BumRushDaShow Sep 4 #5

Here's a Mother Jones article which backs up what you're saying BaronChocula Sep 4 #6

Thanks! BumRushDaShow Sep 4 #7

They could stroll over to the whitehouse Captain Zero Sep 4 #16

If I had a dime for every time I thought that BaronChocula Sep 4 #24

If ya need something to do and can't figure out what that is, BidenRocks Sep 4 #28

Not surprised. maxsolomon Sep 4 #9

My mom had gone to Howard her first 2 years of college in the early '50s BumRushDaShow Sep 4 #10

Their Governors bent the knee to Trump. If they voted bronxiteforever Sep 4 #4

What about Los Angeles, California? Hekate Sep 4 #20

Their Governor is fighting it in court bronxiteforever Sep 5 #35

Screw them angrychair Sep 4 #8

What do you mean by go home? Do you mean to go AWOL and desert? reACTIONary Sep 4 #12

The issues has been made clear angrychair Sep 4 #14

That's your opinion... It may even be OUR opinion... reACTIONary Sep 4 #15

I saw the lawsuit angrychair Sep 4 #18

The dc attorney general an elected position, independent of the mayor.... reACTIONary Sep 4 #19

An order is illegal only if it is an order to commit a crime. TomSlick Sep 4 #27

Except that James48 Sep 5 #29

The Posse Comitatus Act is based on command responsibility. TomSlick Sep 5 #37

Thanks for the explanation. LeftInTX Sep 5 #36

They are National Guard, not Trump's personal thugs in ICE. They help in national disasters... Hekate Sep 4 #21

Everyone has choices angrychair Sep 4 #25

Then aim your blame to the leaders actually responsible Hekate Sep 4 #26

Optics ... thats all that matters to president bonespurs IcyPeas Sep 4 #11

They are not there to deal with crime AverageOldGuy Sep 4 #13

Hopefully Rebl2 Sep 4 #17

They decide to not re-up, in that case, and is already happening. That's a major diff from going AWOL. Hekate Sep 4 #22

Any time you see one in action shout "Is this what you signed up for?" . . . . nt Bernardo de La Paz Sep 5 #33

I feel bad for those soldiers who didn't vote for the Orange assclown, as for the MAGAssclown soldiers who did.... Crowman2009 Sep 4 #23

Be discreet MadMike47 Sep 5 #30

Shout at Nat Guards: "Is this what you signed up for? Is this a good use of your time and body?" . . . . nt Bernardo de La Paz Sep 5 #32

Unless you are trained as a MP Woodwizard Sep 5 #34