Domestic Deployment of U.S. Military

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National Guard troops stand by as people wait to be tested for COVID-19 at New York state’s first drive through COVID-19 mobile testing center at Glen Island Park in New Rochelle, New York on March 13, 2020. The ground is wet and the sky is overcast. Reflections of the troops and testing tents can be seen in the water on the ground.

The Coronavirus, Emergency Powers, and the Military: What You Need to Know

The global coronavirus crisis continues to unfold at lightning speed, disrupting travel, the economy, and everyday life. In response to the pandemic, President Donald Trump declared…
U.S. Army troops deployed to the U.S.-Mexico border line up for a meal at a base near the Donna-Rio Bravo International Bridge on November 22, 2018 in Donna, Texas.

Legal Analysis of “Cabinet Memo” on the Military’s Role at Southern Border

Avoidance of military involvement in civil society is part of America's political culture and heritage. The new White House order on U.S. Army role at the southwest border threatens…

Update: The Military, the Mexican Border and Posse Comitatus

Unlike the earlier deployment of National Guard personnel, the use of federal forces raises new issues concerning what they are permitted to do.

The Military, the Mexican Border and Posse Comitatus:  Four Key Takeaways

The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…

Why Posse Comitatus is Not Immediately Applicable to the Military’s Mission in Puerto Rico

The Commonwealth of Puerto Rico, a territory of the United States where 3.4 million U.S. citizens reside, is suffering a humanitarian crisis following Hurricane Maria. Lt. Gen.…
Just Security

Ninth Circuit Grants En Banc Rehearing in Posse Comitatus / Unlawful Surveillance Case

Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…
Just Security

The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule

Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
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