By Robert Willmann
When a dramatic event happens that receives widespread attention, public reaction can escalate into violence and rioting, which can also be initiated and pushed along by agents provocateurs, and used by opportunists to loot and gratuitously damage property. With over 35 million Americans unemployed after being thrown out of work for about two and a half months and millions with their activity restricted by bad governmental policies about the SARS-Cov-2 virus, an environment for enhanced trouble now exists. If the rioting that started in Minnesota and moved to other cities does not taper off or end, the issue of involvement by the U.S. Military in the execution of civilian laws can be raised.
There are three main federal laws about the military that could be looked at regarding the disturbances in the streets after the incident of obvious police misconduct which caused the death of a handcuffed man in Minneapolis, Minnesota this past week. They are the Posse Comitatus Act, the Insurrection Act, and Military Support for Civilian Law Enforcement Agencies.
The Posse Comitatus Act makes it a federal felony to use the Army or Air Force to execute civilian laws, except as specifically authorized (Does this mean the Navy can do whatever it wants?! Well, no, because Department of Defense regulations on the issue apply to all personnel.) [1]--
"Section 1385. Use of Army and Air Force as posse comitatus
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."
An exception created by Congress is the Insurrrection Act [2]. It has only five short sections, the last one of which makes it apply to Guam and the Virgin Islands. Of the three operative sections, one may become applicable--
"Section 251. Federal aid for State governments
Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection."
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