Militarizing Law Enforcement?

[Guest guest]

http://www.thenewamerican.com/artman/publish/article_2389.shtml

 

Militarizing Law Enforcement?

by William Norman Grigg

October 14, 2005

 

In 1878, Congress enacted the Posse Comitatus law, which bans the use

of American military personnel in domestic law enforcement. The

inspiration for that law was the abusive behavior of military

personnel used to enforce Reconstruction policies in the conquered South.

 

During debate over the measure, one congressman offered this grim

recital of official abuses: " Our Army, degraded from its high position

of defenders of the country from foreign and domestic foes, has been

used as a police; has taken possession of polls and controlled

elections; has been sent with fixed bayonets into the halls of State

Legislatures in time of peace and under the pretense of threatened

outbreak. " The Posse Comitatus Act was intended to prevent a relapse

of such outrages, as well as to fortify the critical barrier between

law enforcement and the military.

 

In 2002, the Bush administration urged Congress to undertake a review

of the Posse Comitatus law, with a view toward modifying it (or

perhaps repealing it outright) in the name of fighting terrorism. The

armed violence that erupted in New Orleans subsequent to Hurricane

Katrina has triggered a renewed focus on " reexamining " Posse Comitatus.

 

In a September 14 letter to Defense Secretary Donald Rumsfeld, Senate

Armed Services Committee Chairman John Warner (R-Va.) wrote: " I

recommend that you conduct a thorough review of the entire legal

framework governing a President's power to use the regular armed

forces to restore public order in those limited situations involving a

large-scale, protracted emergency like the present one. This review

should include the Posse Comitatus Act itself.... The inquiry should

not be limited to natural disasters, but should also include

large-scale public health emergencies, terrorist incidents, and any

other situations which could result in serious breakdowns in public

order. " (Emphasis added.) Senator Warner's formulation could be used

to justify imposition of martial law in the event that a post-Super

Bowl victory celebration gets out of hand.

 

Not surprisingly, the Bush administration has embraced this idea. On

September 25, President Bush indicated " that he may ask Congress to

put the Pentagon in charge of the response to domestic disasters such

as the two recent hurricanes — a change that could take authority from

the hands of governors and local officials, " reported the Houston

Chronicle.