Posse Comitatus
40 Articles
Trump Can’t Lawfully Use Armed Forces to Sway the Election: Understanding the Legal Boundaries
A deep dive analysis of the constitutional and statutory limits on use of any armed force in connection with the 2020 election, civil unrest, and protests.
DOD Inspector General’s Report Whitewashes Potential Violations of the Posse Comitatus Act
In finding no violation of Posse Comitatus Act, the IG misinterprets federal law and exaggerates the power of DOD policy — creating a dangerous precedent for the domestic use…
The President’s Private Army
How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
Bill Barr’s Playbook: His False Claims About Prior Military Force on U.S. Soil
The Insurrection Act, Operation Hawkeye and what really happened
Portland’s Pretext: Barr’s Long History Manipulating Law to Put Federal Forces on U.S. Streets
In a 2001 interview, Bill Barr boasted that he came up with the idea in 1989.
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.