Domestic Deployment of U.S. Military
47 Articles
Statement of Homeland and National Security Leaders
Former Republican and Democratic cabinet members and other senior officials speak out about protests, use of the military, racial justice, and policing.
The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”
Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
The President and the Domestic Deployment of the Military: Answers to Five Key Questions
Can President Trump use the military without governors' consent? What are the rules for the use of force?
Military’s Response to the Coronavirus Crisis: Top 10 Principles
Ten key principles to follow as policymakers seek to utilize the military in a manner that is innovative, responsive to the crisis, and consistent with the rule of law.
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…
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.…
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…
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…