Posse Comitatus

Trump wants to mobilize active duty U.S. military to attack peaceful protestors. This action would be unconstitutional, unlawful, and unconscionable. It is the action of a dictator and tyrant and a further degradation of our democracy. What Trump really wants is a race war.

What makes this illegal is the Posse Comitatus Act which states: 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 exception to this law is the Insurrection Act. But to use this there has to be an insurrection, and what is happening is clearly not an insurrection.

The Attorney General for New York, Letitia James, has stated, “We will not allow Donald Trump to dominate New York.”

Defense Secretary Mark Esper publicly disagreed with President Trump’s threatened use of the 1807 Insurrection Act. Speaking to reports at a recent Pentagon briefing Esper said, “The option to use active duty forces in a law enforcement role should only be used as a matter of last resort, and only in the most urgent and dire of situations. We are not in one of those situations now. I do not support invoking the Insurrection Act.”

In my view, any soldier asked to deploy to an American city to fight protestors and enforce the law has a duty to disobey this unlawful order.

9 thoughts on “Posse Comitatus

    • Cities are not being destroyed. Federal, State, and local law enforcement are more than adequate to keep the peace. One must remember why the protests are happening and keep the proper perspective and priorities. It is never a good idea to turn the US military on its own citizens.
      James Mattis, Former Secretary of Defense: “We must reject any thinking our cities as a ‘battlespace’ that our uniformed military is called upon to ‘dominate,’ ” an equally clear and scathing reference to the current secretary of defense, Mark Esper, who has described tactical planning for putting down protesters in precisely this language. Mattis further stated that “militarizing” a response to protests “sets up a conflict—a false conflict—between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part.”
      Instead, he went on, “we need to unite around a common purpose. And it starts by guaranteeing that all of us are equal before the law.

      Liked by 1 person

      • The looting, stealing and arson are destroying the very businesses they need in their communities. The 4 men have been charged, now what’s the excuse for grabbing your free TV, cell phone and everything else they’ve stolen?

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  1. The looting has stopped. The protests are now peaceful. With the arrest of of the four officers the protesters have achieved their immediate goals. But there is much more that needs to be done.

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