The Posse Comitatus Act of 1878 / 18 USC Sec 1385:
“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”
The Posse Comitatus Act of 1878 / 18 USC Sec 1385:
“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”
— Makes Act applicable, by policy, to Navy / Marine Corps
— Lists examples of permitted and restricted support under the Act
Summary of guidelines regarding Posse Comitatus
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Permissible Direct Assistance The following activities are not restricted by (the Posse Comitatus Act). // DoDD 5525.5, Paragraph E4.1.2. — Investigations and other actions related to enforcement of the Uniform Code of Military Justice (UCMJ). — Investigations and other actions that are likely to result in administrative proceedings by the Department of Defense, regardless of whether there is a related civil or criminal proceeding. See DoD Directive 5525.7 with respect to matters in which the Departments of Defense and Justice both have an interest. — Investigations and other actions related to the commander’s inherent authority to maintain law and order on a military installation or facility. — Protection of classified military information or equipment. — Protection of DoD personnel, DoD equipment, and official guests of the Department of Defense. — Such other actions that are undertaken primarily for a military or foreign affairs purpose. — The emergency authority authorizes prompt and vigorous Federal action, including use of military forces, to prevent loss of life or wanton destruction of property and to restore governmental functioning and public order when sudden and unexpected civil disturbances, disaster, or calamities seriously endanger life and property and disrupt normal governmental functions to such an extent that duly constituted local authorities are unable to control the situation. — Protection of Federal property and functions authorizes Federal action, including the use of military forces, to protect Federal property and Federal Government functions when the need for protection exists and duly constituted local authorities are unable or decline to provide adequate protection. — Protection of national parks and certain other Federal lands. See 16 U.S.C. §§23, 78, and 593. — Enforcement of the Fishery Conservation and Management Act of 1976. See 16 U.S.C. §1861(a). — Assistance in the case of crimes against foreign officials, official guests of the United States, and other internationally protected persons (such as diplomats). See 18 U.S.C. §§112 and 1116. — Assistance in the case of crimes against members of Congress. See 18 U.S.C. §351. — Assistance in the case of crimes involving nuclear materials. See 18 U.S.C. §831. — Assistance in the case of emergencies involving chemical or biological weapons (upon request of the Attorney General). Authorized assistance includes monitoring, containing, disabling, and disposing of the weapon. See 10 U.S.C. §382. — Protection of the President, Vice President, and other designated dignitaries. See 18 U.S.C. §§1751 and the Presidential Protection Assistance Act of 1976. — Actions taken in support of the neutrality laws. See 22 U.S.C. §§408 and 461–462. — Removal of persons unlawfully present on Indian lands. See 25 U.S.C. §180. — Execution of quarantine and certain health laws. See 42 U.S.C. §97. — Execution of certain warrants relating to enforcement of specified civil rights laws. See 42 U.S.C. §1989. — Removal of unlawful inclosures from public lands. See 43 U.S.C. §1065. — Protection of the rights of a discoverer of a guano island. See 48 U.S.C. §1418. — Support of territorial governors if a civil disorder occurs. See 48 U.S.C. §§1422 and 1591. — Actions in support of certain customs laws. See 50 U.S.C. §220. |
Restrictions on Direct Assistance With some exceptions, the prohibition on the use of military personnel “as a posse comitatus or otherwise to execute the laws” prohibits the following forms of direct assistance. — DoDD 5525.5, Paragraph E4.1.3. |
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