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Bush: Military may have to help if bird flu breaks out
President wants Congress to discuss how to use armed forces
Wednesday, October 5, 2005; Posted: 4:10 a.m. EDT (08:10 GMT)
President Bush said Tuesday he was concerned about an avian flu outbreak.
WASHINGTON (CNN) -- President Bush says the possibility of an avian flu pandemic is among the reasons he wants Congress to give him the power to use the nation's military in law enforcement roles in the United States.
http://www.cnn.com/2005/POLITICS/10/04/bush.avianflu/index.html
According to the U.S. Coast Guard:
Posse Comitatus Act
Source: G-OPL
"POSSE COMITATUS ACT" (18 USC 1385): A Reconstruction Era criminal law proscribing use of Army (later, Air Force) to "execute the laws" except where expressly authorized by Constitution or Congress. Limit on use of military for civilian law enforcement also applies to Navy by regulation. Dec '81 additional laws were enacted (codified 10 USC 371-78) clarifying permissible military assistance to civilian law enforcement agencies--including the Coast Guard--especially in combating drug smuggling into the United States. Posse Comitatus clarifications emphasize supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance, etc.) while generally prohibiting direct participation of DoD personnel in law enforcement (e.g., search, seizure, and arrests). For example, Coast Guard Law Enforcement Detachments (LEDETS) serve aboard Navy vessels and perform the actual boardings of interdicted suspect drug smuggling vessels and, if needed, arrest their crews). Positive results have been realized especially from Navy ship/aircraft involvement.
http://www.uscg.mil/hq/g-cp/comrel/factfile/Factcards/PosseComitatus.html
... and lest you think this is something new -- or a consequence of 9/11:
The Myth of Posse Comitatus
Major Craig T. Trebilcock, U.S. Army Reserve
October 2000
The Posse Comitatus Act has traditionally been viewed as a major barrier to the use of U.S. military forces in planning for homeland defense.[1] In fact, many in uniform believe that the act precludes the use of U.S. military assets in domestic security operations in any but the most extraordinary situations. As is often the case, reality bears little resemblance to the myth for homeland defense planners. Through a gradual erosion of the act’s prohibitions over the past 20 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.
http://www.homelandsecurity.org/journal/articles/Trebilcock.htm
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