DoD Issues Instructions on Military Support of Civilian Law Enforcement

Soldiers from the 3rd Battalion, 321st Field Artillery Regiment, XVIII Fires Brigade train last December to “respond to an escalating civil-disturbance situation caused by unhappy simulated hurricane victims.”  According to an article produced by the 82nd Combat Aviation Brigade, the training was designed to prepare the soldiers “for their upcoming assignment as a quick reaction and rapid response force for U.S. Army North Command in support of emergencies in the United States.”

Public Intelligence

The Department of Defense has issued an instruction clarifying the rules for the involvement of military forces in civilian law enforcement.  The instruction establishes “DoD policy, assigns responsibilities, and provides procedures for DoD support to Federal, State, tribal, and local civilian law enforcement agencies, including responses to civil disturbances within the United States.”

The new instruction titled “Defense Support of Civilian Law Enforcement Agencies” was released at the end of February, replacing several older directives on military assistance to civilian law enforcement and civil disturbances.  The instruction requires that senior DoD officials develop “procedures and issue appropriate direction as necessary for defense support of civilian law enforcement agencies in coordination with the General Counsel of the Department of Defense, and in consultation with the Attorney General of the United States”, including “tasking the DoD Components to plan for and to commit DoD resources in response to requests from civil authorities for [civil disturbance operations].”  Military officials are to coordinate with “civilian law enforcement agencies on policies to further DoD cooperation with civilian law enforcement agencies” and the heads of the combatant commands are instructed to issue procedures for “establishing local contact points in subordinate commands for purposes of coordination with Federal, State, tribal, and local civilian law enforcement officials.”

In addition to defining responsibilities for military coordination with local law enforcement, the instruction describes circumstances in which direct participation in civilian law enforcement is permissible.  Under the Posse Comitatus Act of 1878, U.S military personnel are generally prohibited from assisting in civilian law enforcement functions such as search and seizure, interdiction of vehicles, arrest and interrogation, surveillance or using force except for in self-defense. Though the Posse Comitatus Act originally referred only to the Army, it was extended in 1956 to include the Air Force. Subsequent DoD regulations prevent the use of the Marine Corps or Navy for civilian law enforcement functions.  In 1981, this principle was further codified in 10 USC § 375 which directs the Secretary of Defense to ensure that military activities do “not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.”

Though the Posse Comitatus Act is the primary restriction on direct DoD involvement in law enforcement functions, it does not prevent military personnel from participating in circumstances “authorized by the Constitution or Act of Congress.”  This includes circumstances involving “insurrection, domestic violence, or conspiracy that hinders the execution of State or Federal law” as well as actions “taken under express statutory authority.”  The DoD’s instruction includes a list of more than a dozen “laws that permit direct DoD participation in civilian law enforcement” including many obscure statutes that are more than a hundred years old.  For example, a law passed in 1882 and codified under 16 USC § 593 allows for the President to use land and naval forces to “prevent the felling, cutting down, or other destruction of the timber of the United States in Florida.”  Likewise, the Guano Islands Act of 1856 enables the President to use land and naval forces to protect the rights of a discoverer of an island covered by the Act.

Military commanders also have “emergency authority” to use military forces in civilian law enforcement functions “in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances”.  This authority is limited to actions “necessary to prevent significant loss of life or wanton destruction of property and are necessary to restore governmental function and public order” and “provide adequate protection for Federal property or Federal governmental functions.”  In fact, an enclosure to the DoD instruction describing requirements for support of civil disturbance operations states that military commanders “shall not take charge of any function of civil government unless absolutely necessary under conditions of extreme emergency.”  According to the instruction, any “commander who is directed, or undertakes, to control such functions shall strictly limit DoD actions to emergency needs and shall facilitate the reestablishment of civil responsibility at the earliest time possible.”

 

Share this:

facebooktwitterredditlinkedinmail
A D V E R T I S E M E N T

14 comments for “DoD Issues Instructions on Military Support of Civilian Law Enforcement

  1. James D. Wentz
    April 13, 2013 at 3:57 pm

    This new directive makes it clear that Barack Obama is preparing to use the military to rule this country by force. We are now only waiting for the catalyst.

  2. Carl Collicott
    April 14, 2013 at 1:02 pm

    The D.o.D is chartered, and not part of our government, and has no authority over the military.
    [Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
    [Contents]
    [Pages I-VII]
    From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]

    Defense Department
    See Navy Department
    NOTICES
    Charter Modification:
    Federal Advisory Committee; Advisory Panel on Department of Defense
    Capabilities for Support of Civil Authorities After Certain
    Incidents, 5287
    Charter Renewal:
    Federal Advisory Committee; Western Hemisphere Institute for
    Security Cooperation Board of Visitors, 5287-5288
    ________________________________________________
    The real entity is the Commodity Credit Corporation, for a full expose see G. Edward Griffin’s The Creature from Jekyll Island
    COMMODITY CREDIT CORPORATION *CHARTER
    CHANGE OF NAME
    National Military Establishment changed to Department of Defense by act Aug. 10, 1949.

    CODIFICATION
    The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3011 to 3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.
    (comment) for further reading see; http://www.ronpaulforums.com/showthread.php?287448-The-Armed-Forces-is-not-the-Military greyseal

  3. Jeff
    April 14, 2013 at 1:35 pm

    “This new directive makes it clear that Barack Obama is preparing to use the military to rule this country by force”

    I disagree.

    The DoD/CIA are one of the few groups that had the ability to carry out the 9/11 false flag and the coverup that followed. Congress and the president are just bought-and-paid-for idiot actors for public consumption.

    This new directive makes it clear that DoD and others are preparing to directly rule this country by force

  4. Mohammed Cohen
    April 14, 2013 at 4:43 pm

    This Memo is nothing new. Almost all the alternative media outlets have discussed the reality of America turning into a police state that it already has. What this Memo reinforces is that now we have black and white evidence of the predictions of the past. What is next? A false flag with the full participation of Israel and UK to work hand-in-gloves with the USA to tame the masses who are armed and willing to pose a challenge based of legalities of the Constitution that has become the biggest menace to the above troika. It’s time for all those who are ready and willing to defend the Constitution to start preparing all kinds of scenarios to face these internationalist banksters and the Corporate fascists. We must tap into all those American patriots who are returning and have returned in the past from their military duties to start working on tactical confrontation with the foreign invaders who can only invade with the help and full cooperation of the our sold-out congress and the Senate. Time is running out as the traitors are working around the clock through their “war game” rooms with each and every American community charted out and identified. So those willing to stand and confront the traitors must have a very mobile units and not that can be identified by the traitors in order to operate in total secrecy without anyone knowing the whereabouts of such patriotic units across the land. There is no time left!

  5. Quisno
    April 14, 2013 at 5:37 pm

    Law is a funny thing. In a democracy the majority rules but in a Republic established rules of conduct are in force. We have been at war with this tyranny since the inception of the Central Bank or Federal Bank. For when the 3 Senators voted one dreary night to pass this Act. theis nation did not control its money any longer. We , at that point, were at the mercy of the Bank of England controlled by the Cabal Rothschild.
    Since that time we have been at war and those wars were created by this Cabal to control this world. Wars and rumors of wars All meant to control all nations in time. Slowly our laws are intterdicted by laws aggrarious to a Republic. But! In the Bill of Rights and in the declaration of independence is a statement of fact that this tyranny has tried to cloud and to remove but it is of the main cornerstones of this nation. That if the people ,through years of despotism, come to that point whereby they need to throw off the chains of a tyranny and place new guards for the people we have the means to sdo so. Have you ever wondered why this Tyranny dont speak of the Declaration of Independence? Because it was the first designed voice of a people under seige. For this Tyranny knows full well that if they try to disassociate us from the first proclamation they will be expossed by that very act.
    With that knowledge in hand we fast forward till today. Homeland Security act formed a cadre of soldiers for the Executive branch. the heads of the Muslim Brotherhood are in control of this agency.
    So where are we? We are at that time in the 1770″s where the kings men were going out dragging people from their homes and taking them to places where they were never heard from again. showing off the bodies to the other citizens. I think its time that reflection is over and the people prepare to defend their homes and this my friends will not be an easy task.
    The declaration tells us that our task will be fraught with danger. But in order to establish justice Patriots must form and shackles removed and there will be many martyrs made before we regain this freedom. and I close with a promise from those who loved their nation:
    “For the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor. “

  6. Jack
    April 14, 2013 at 8:19 pm

    Everything I have been reading is telling me to keep my guns and ammo at the ready.

  7. 1776
    April 15, 2013 at 5:43 pm

    Arrest, Try & Execute these treasonous Traitors, NOW!!!

  8. John Smith
    April 15, 2013 at 6:05 pm

    Better not cut down trees in Florida.

  9. dickmcnugget
    April 22, 2013 at 2:06 am

    You might want to loosen the chinstraps on your tinfoil helmets, folks. The lack of oxygen to your brains is making you say retarded things.

  10. Jeremiah
    April 25, 2013 at 9:12 am

    Tinfoil? The media, the Federal Reserve, Wall Street, public education and Washington are controlled by a fifth column.

  11. May 14, 2013 at 9:08 am

    The last time I cut down trees on Federal property in Florida, 6 black helicopters landed around me. I explained that I was clearing the land for a 3D-printed ICBM launch site, and I was told that in that case, there was no problem. The problem I’ve run into is that the only source of pitchblende I can find is owned by a branch of the Seminole tribe that won’t sell to me because I’m Jewish. “We don’t sell our pitchblende to you Christ-killers”, they told me. My 3D-printed centrifuge is sitting idle. What a life!!!!

  12. May 14, 2013 at 9:13 am

    That must be the 1st Platoon of Company “B” of the 321st FA, who seem (as usual) to be in a stare of complete confusion. Hey guys, Lieutenant Henderson isn’t around any more! Dress up those lines! Stand up straight, at least! Have you learned NOTHING?

  13. wwj745
    October 21, 2013 at 10:50 pm

    “This includes circumstances involving “insurrection, domestic violence, or conspiracy that hinders the execution of State or Federal law” as well as actions “taken under express statutory authority.” This is a lie. These things are exactly why Posse Comitatus was instituted. How can the people “alter or abolish” a government not working for them if the government can just order the military to just shot them? Domestic violence? Really? Send in a platoon because a man and woman are having a fight not the police? This is how they make idiotic things seem ok. By telling people lies. People who are to dumb to know ant better swallow this crap.

Leave a Reply

Your email address will not be published. Required fields are marked *