To: John Mansfield who wrote (2484 ) 8/29/1998 2:24:00 PM From: John Mansfield Respond to of 9818
'It is the premise of this article that the coming years will see a continuation, if not an increase, in the employment of the Army within the United States. Further, because of the potentially adverse effect of such deployments on the relationship between the Army and the American people, the critical element of success is strict conformance with the legal framework established by the Constitution and federal law. Consequently, it is incumbent on our national strategic leaders and their staffs to understand and appreciate the legal underpinnings of these operations. This article seeks to aid that understanding by presenting and analyzing the legal lessons learned from selected domestic employments in the 1990s. In that same context, military lessons learned will be drawn from the employment of the Federal Bureau of Investigation (FBI) Hostage Rescue Team (HRT) at Ruby Ridge, Idaho. Topics to be addressed are the Army's role in disaster relief operations, its support to civilian law enforcement in the fight against drugs, and the full range of domestic deployments available under the presidential authority to quell insurrection and maintain public order. Disaster Relief Operations The US Army had a remarkable experience in responding to the devastating onslaught of Hurricane Andrew in south Florida in August 1992; Hurricane Iniki on the island of Kaui in Hawaii one month later evoked a similar response. Both instances provide ample evidence that there is a reliable mechanism to facilitate the employment of active-duty Army units in times of great national disaster. The Robert T. Stafford Disaster Relief Act of 1984, as amended in 1988 (42 US Code Section 5121 et seq.), commonly referred to as the Stafford Act after its legislative author, is the authority under which such assistance is provided. The Stafford Act is applicable only within the United States and its territories, and comes into play when a state, usually through its governor, requests a presidential declaration of a state of emergency following a natural disaster. Once a state of emergency is declared, active-duty soldiers can be employed to respond to the crisis under the direction of the Federal Emergency Management Agency (FEMA).[1] These situations present unique legal issues. ....carlisle-www.army.mil