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Obama will not invoke Posse Comitatus Act any time soon?

~ The Rebel ~ 2012/06/09 22:43:22

The Posse Comitatus Act

Section 1385 of Title 18, United States Code (USC), 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 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 PCA does not apply to the U.S. Coast Guard in peacetime or to the National Guard in Title 32 or State Active Duty status. The substantive prohibitions of the Posse Comitatus Act (PCA) were extended to all the services with the enactment of Title 10 USC, Section 375. As required by Title 10 USC, Section 375 the secretary of defense issued Department of Defense Directive 5525.5, which precludes members of the Army, Navy, Air Force, or Marine Corps from direct participation in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

Read More: http://dancingczars.wordpress.com/2012/06/09/as-mu...

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  • Glen Bradley 2013/03/06 10:47:02
    Glen Bradley
    +1
    It's already in total abrogation, it started with MCA 2006. The only thing left for posse comitatus is to erect the tombstone. Except that we rise up in 2014 and demand the Constitution back with all of our strength.
  • zapped 2012/06/10 05:20:25
    zapped
    +1
    look again ...

    blogs.law.columbia.edu/.../20... in question is Subtitle D of the National Defense Authorization Act ... the proposed law would in effect revoke the Posse Comitatus Act ... on "The Dangerous Defense Bill …


    and he did sign this bill in may of 2012

    another source ....

    obrag.org/?p=51334... Loss of Freedoms If Bill Is Signed This much we know: if President Obama signs the National Defense Authorization Act ... law would in effect revoke the Posse Comitatus Act ...
    .

    evidence ....

    Digital JournalPresident Barack Obama signed the controversial National Defense Authorization Act (NDAA) into law earlier today ... "I have signed this bill despite having serious ...
  • john Kills 2012/06/10 01:33:24
    john Kills
    +1
    Bush signed away posse comitatus and then passed the patriot act. Barry extended the patriot act and then signed NDAA into law. NDAA voids posse comitatus. There is no posse comitatus. The patriot act, NDAA, executive order for mational defense resource preparedness also completely void the constitution. Read them before you start arguing. The constitution has been rendered nill and void. All it takes is a word from barry. Read these policies. Dumney supports these policies and will do nothing to reverse them. Ron paul and gary johnson want these policies gone.
  • zapped john Kills 2012/06/10 05:22:49
    zapped
    +1
    well if this evidence comes from more that one source "MAYBE THE AUTHOR WILL BEGIN THE BELIEVE IT ..

    this is the 4 th time is 5 mos this issue has been presented by different authors ...
  • john Kills zapped 2012/06/10 14:25:46
    john Kills
    +1
    Most people are either not paying attention or they are standing to close and can't see the whole picture. Either way, people don't seem to realize that we have sat around doing nothing while all our right have been methodically stolen away. Our founders would have marched on washington with guns in hand years ago. There is no help coming to save us. We will be, and we will have only what we are will to work and fight for. Our politicians have formed a powerful force of anti-American policies and many naïve people have put their trust in government. The people are at fault for allowing all these thing to happen.
  • zapped john Kills 2012/06/10 20:00:13
    zapped
    +2
    I know you are on target ....

    it's amazing ......and disgusting at the same time ...
  • Walt 2012/06/10 01:28:05
    Walt
    +1
    It's a good article, however the author chose to use the word "invoke" when referring to the Posse Comitatus Act. The Act is not something that is invoked; it simply is.

    I was previously unaware of the Insurrection Act or the other two exemptions to Posse Comitatus the author mentions, but it does make sense. (Good material!)
  • zapped Walt 2012/06/10 05:24:20
    zapped
    +3
    hey walt ,,,,this act has already been revolked ..OLD NEWS ..just no sure why the author hasnt researched this better .....

    blogs.law.columbia.edu/.../20... in question is Subtitle D of the National Defense Authorization Act ... the proposed law would in effect revoke the Posse Comitatus Act ... on "The Dangerous Defense Bill …


    and he did sign this bill in may of 2012

    another source ....

    obrag.org/?p=51334... Loss of Freedoms If Bill Is Signed This much we know: if President Obama signs the National Defense Authorization Act ... law would in effect revoke the Posse Comitatus Act ...
    .

    evidence ....

    Digital JournalPresident Barack Obama signed the controversial National Defense Authorization Act (NDAA) into law earlier today ... "I have signed this bill despite having serious
  • Walt zapped 2012/06/10 05:30:20
    Walt
    +1
    Yes, Zapped. I know NDAA 2012 essentially revokes Posse Comitatus among other things, such as Habeas Corpus, the 4th Amendment, etc. The thing about that is that Posse Comitatus was not formally revoked; conflicting legislation was passed, but that doesn't nullify it officially.
  • zapped Walt 2012/06/10 20:03:08 (edited)
    zapped
    +2
    then why was there cross training in New York / los Angeles between the police force & army / marines ?

    that is against the possee comitatus act ..but fed Govt promoted it ....???

    and the news agencies were forbided from reporting on it.....,,,,,
  • Walt zapped 2012/06/10 21:27:24
    Walt
    +1
    Good question!

    My interpretation is that they were in violation of the Posse Comitatus Act and did not want the media to report the fact.
  • john Kills zapped 2012/06/11 01:51:50
  • zapped john Kills 2012/06/11 03:22:18
    zapped
    +1
    My neighbor is a local police officer ,for 18 yrs we've been neighbors 10 yrs ,,,he's friendly , cordial , but knows how many arms & ammo I have ,,,and seems distant any more ...and doesnt know what to think of me but knows I cary & have a CCP

    he also knows whos in my family & friends are veterans / ex law enforcement .
  • john Kills zapped 2012/06/11 04:13:01 (edited)
    john Kills
    +1
    I have been thinking about letting my ccw expire. I carried for years without a permit. If martial law is put into place, permit holders will be targeted and they will come at us with guns drawn because they know we're armed. I wish I hadn't ever got mine. Too late to do anything about it now. Get some of those guns and ammo out of your house. That cop and his cop buddies will come looking to take them away from you one of these days.
  • zapped john Kills 2012/06/11 04:30:09
  • john Kills zapped 2012/06/11 04:48:16
    john Kills
    +1
    I also have a bug out spot that is close enough to walk to. I think they will want to make their move in the winter months. Less vegetation for people to hide in, cold weather will stop many people from walking so they can stop most movement with road blocks and that is where they will confiscate camping/survival gear, clothes, guns and ammo. People need to be aware of having these things already at their bug out location or invest in good in-ground protection and bury these items. There are no shortcuts when putting things in the ground.
  • zapped john Kills 2012/06/11 18:05:30
    zapped
    +2
    it's apthetic isnt it .....?

    the old america we've built is in it's raveges !

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