Gary North has posted comments on article about the DOD and FEMA and joint state National Guards...and the 120 cities....Anyone have a clear take on the ramifications of their preparations...and any teeth left in the Posse Comitatus? Here is the quote from Gary's comments....

A: I'd like to comment on the posse comitatus issue because it always seems to come up and it seems, from where I'm sitting, a bit of a red herring.

We take the law very, very seriously. In each one of these instances, the DoD general counsel is consulted with and approves. Remember that the Act prohibits federal military personnel from acting in a law enforcement capacity. It does not prohibit them from providing advice and assistance, and technical assistance and other things.

So what it really means is federal people cannot execute laws, conduct searches, arrest, detain, and exercise command and control functions in the prosecution of law enforcement operations. It doesn't preclude the Department of Defense from giving technical advice, expertise, and capability to assist in the cleanup of an aftermath. So it would be useful if people made it very clear that it's the law enforcement functions, the arresting, the investigating, and those other functions, that are specifically focused on by the Act, and not the whole issue of support to law enforcement.

Press: Thank you.

All this concerns me for a number of reasons...first in my head tonight is that I have a nephew in the Army who has said he will NOT under any circumstances participate in martial law during Y2K disruptions....I have told him I'll have a place for him...but I worry for him...for many...

Will only Nat'l Guard be used? Can they do something hokey and make standing army a part of the guard?

I hate this S**T!

-- Donna Barthuley (moment@pacbell.net), November 02, 1998

Answers

Check out the US army home page for details on a current disaster in Texas where the NG is helping out. When the looters come out, and you don't have any food - those army trucks are a welcome sight.

www.army.mil

-- Paul Davis (davisp1953@yahoo.com), November 02, 1998.

The government can do anything it wants to "for the good of the country." There's several executive orders outlining the governments role during civil unrest, etc. However, they don't have enough bodies to be everywhere at one given time. That's why the large cities will be more vulnerable to civil unrest than small towns who may pull their resources within the community to keep things calm. I know some of you don't like guns, but that's exactly what the soldiers will have strapped around their shoulders. Will it be okay for them but not for you?

-- bardou (Bardou@baloney.com), November 02, 1998.

Empires rise and fall. Democracies rise and fall. Can this possibly happen? Well, yes - how could it possibly last forever?

E.

-- E. Coli (nunayo@beeswax.com), November 03, 1998.

1. Posse Comitatus has virtually no teeth left - all they have to do is declare a state of emergency and put FEMA in charge - FEMA can then requisition support from both Guard and Regular units. Since there's also a standing requirement in Federal law that no Regulars can work for Guard officers unless those officers have been *federalized* (had their legal status changed to active duty federal reservists, rather than state guardsman) your most likely result will end up with FEMA acting as legal screen to allow direct use of Regulars...

Arlin Adams

-- Arlin H. Adams (ahadams@ix.netcom.com), November 04, 1998.