Impeach George W. Bush Message Board

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Politics : Impeach George W. Bush

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To: bearshark who wrote (15660)	10/18/2002 9:23:12 AM
From: Neocon	Read Replies (1) of 93284

I have just read several articles on Posse Comitatus. It is not, in all circumstances, required that the application be made by the governor of a state. Additionally: The federal courts have had several opportunities to define what behavior by military personnel in support of civilian law enforcement is permissible under the act. The test applied by the courts has been to determine whether the role of military personnel in the law enforcement operation was “passive” or “active.” Active participation in civilian law enforcement, such as making arrests, is deemed a violation of the act, while taking a passive supporting role is not.[7] Passive support has often taken the form of logistical support to civilian police agencies. Recognizing that the military possesses unique equipment and uniquely trained personnel, the courts have held that providing supplies, equipment, training, facilities, and certain types of intelligence information does not violate the act. Military personnel may also be involved in planning law enforcement operations, as long as the actual arrest of suspects and seizure of evidence is carried out by civilian law enforcement personnel.[8] homelandsecurity.org

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