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July 2003
HOMELAND DEFENSE DOD
Needs to Assess the Structure of U.S. Forces for Domestic Military Missions
July 11, 2003
The Honorable Christopher Shays Chairman Subcommittee on National Security, Emerging Threats, and International Relations Committee on Government Reform House of Representatives
The Department of Defense's (DOD) primary mission is to deter and prevent aggression abroad and fight to win if these measures fail. This is accomplished through military presence and power projection. However, the federal government's view of the defense of U.S. territory has dramatically changed since September 11, 2001. DOD has adjusted its strategic and operational focus to encompass not only traditional military concerns posed by hostile states overseas but also the asymmetric threats directed at our homeland by both terrorists and hostile states.
You requested us to review DOD's domestic missions. As agreed with your office, we (1) determined how DOD's military and nonmilitary missions1 differ; (2) determined how DOD's military and nonmilitary missions have changed since September 11, 2001; (3) determined how the 1878 Posse Comitatus Act affects DOD's nonmilitary missions; and (4) assessed the extent to which DOD's organizations, plans, and forces are adequate for domestic military missions and the consequent sustainability of the current mission approach.
The White House Bulletin
July 7, 2003 Monday
SECTION: IN THIS WEEK'S WEEKLIES
LENGTH: 200 words
HEADLINE: Northcom Set To Reach Full Capability In October.
BODY:
Newsweek (7/14, Hirsh) profiles Northern Command chief Gen. Ed Eberhart, reporting that he "is keen to show he's sensitive to the deepest of American fears, that the military might wrest control from civilians. The Posse Comitatus Act of 1878 bars U.S. troops from enforcing U.S. laws. 'It's the elephant in the room,' says Rep. Jane Harman, the ranking Democrat on the Select Intelligence Committee, who joined a congressional trip to Eberhart's headquarters in Colorado Springs last month to figure out just what Northcom is up to. ... But, Harman adds, the Posse Comitatus ban 'is not absolute. It's like the First Amendment. You can't cry fire in a crowded theater and you can't always block the U.S. military on U.S. soil.'" Newsweek adds, "Instituted on Oct. 1, 2002, [Northcom] reaches 'full operating capability' this October. That mainly means a headquarters staff of 500 and the Norad air-defense system, but Eberhart notes that, like Centcom in Iraq under Gen. Tommy Franks, he has an array of forces at his disposal should [Defense Secretary Donald] Rumsfeld decide he needs them. Eberhart won't say how many troops he now commands, but 'we're not talking about mass here.'"
LOAD-DATE: July 7, 2003
Originally posted by dragonrider
Only one I have found yet... if anyone finds any corroborating stories, please post!
Originally posted by Nerdling
We're screwed
Can anyone lend me a gun?
Through a gradual erosion of the Act's prohibitions over the past twenty years, Posse Comitatus today is more of a procedural formality than an actual impediment to the use of U.S. military forces in homeland defense.
Originally posted by Banshee
This is interesting...
www.hooah4health.com...
Through a gradual erosion of the Act's prohibitions over the past twenty years, Posse Comitatus today is more of a procedural formality than an actual impediment to the use of U.S. military forces in homeland defense.
By MAJ Craig T. Trebilcock, USAR, October 2000
I didn't know "homeland defense" was used much prior to 9/11.....
-B.
Originally posted by Quicksilver
Minor legality issue you all konw they would use thses tactics if the need arose.
The enforcement of a prosecution under the Posse Comitatus Act would necessarily be brought by the Department of Justice, the lead agency charged with combating domestic terrorism. This further suggests that as long as coordination of the use of military forces was part of a coordinated inter-agency effort that the likelihood of prosecution under the Posse Comitatus Act of any executive branch official would seem remote at best.
Originally posted by kukla
Gee..the DOJ prosecuting the executive branch. Anyone want the odds on that one..
OK, is there ANYONE who now DOESNT believe that most of our current terrorist events are completely engineered????
Can we say CABAL???
The President identified as a major homeland security initiative a review of the legal authority for military assistance in domestic security, which would include a review of the Posse Comitatus Act. The President maintained that the "threat of catastrophic terrorism requires a thorough review of the laws permitting the military to act within the United States in order to determine whether domestic preparedness and response efforts would benefit from greater involvement of military personnel and, if so, how." 19 In addition to this review, Congress directed DOD to review and report on the legal implications of members of the armed forces operating on U.S. territory and the potential legal impediments affecting DOD's role in supporting homeland security.20 In March 2003, the Commander of U.S. Northern Command stated, "We believe the [Posse Comitatus] Act, as amended, provides the authority we need to do our job, and no modification is needed at this time."21 According to DOD, on May 29, 2003, DOD informed Congress of the results of its legal review, which concluded that the President has sufficient authority to order the military to provide military support to civilian law enforcement authorities, when necessary. DOD does not believe that the Posse Comitatus Act would in any way impede the nature or timeliness of its response.