Posted on Jun 14, 2020
In the event of serious BLM civil disturbances, should members of the Armed Forces suppress protests?
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Given recent statements by both active duty and retired general and flag-ranked officers on use of the Armed Forces to suppress protests and speculation on the willingness to suppress civil protests and violent unrest related to the Black Lives matter protests.
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Edited >1 y ago
Posted >1 y ago
Responses: 4
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Neither response on the survey would be valid. The utilization of AD armed forces and Federalized NG would be pursuant to the Insurrection Act. Civil protests would not fall under the Act, hence it would be illegal to base a response on that. The Posse Comitatus Act also puts great restrictions on utilizing AD types for police functions. Violent unrest including widespread assault, destruction of public and private property does fall under the Act. There is a huge disagreement as to how much constitutes enough for a President to act. Simply that both are going on concurrently doesn't mean the Act covers both. The issue always devolves to should, when, and size/type of response. Think what you may about any particular Administration, there've been a lot of lessons learned about the legality, rules of engagement, etc. There's still a lot of debate over the legality of using the Insurrection Act to force desegregation (Ike and Kennedy). The logic on that one was the state governments were doing the insurrection, not necessarily the general public. Ike tasked ADs from the 101st Airborne to go to Little Rock. I'm sure the question floating around was if state NG types might be partial to keeping segregation going. Kennedy's approach was to Federalize the NG in response to Gov. Wallace digging his heels in (Alabama). That said, the laws are routinely bent a bit, i.e. avoiding trip flares on either Act. Current example would be the JTFs on drug interdiction. The ADs, reserves, Guard, etc. can box in, detain, etc. but then have to have the Coast Guard or other law enforcement do the arrest piece.
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CPT Lawrence Cable
To be correct, neither Eisenhower or Kennedy used the Insurrection Act. They used one of the many exceptions to Posse Comitatus from the Enforcement Acts, those being to protect the 13th, 14th and 15th Amendments.
National Guard have the power to arrest within their states BTW. Normally don't, but there is not rules against using them as law enforcement.
National Guard have the power to arrest within their states BTW. Normally don't, but there is not rules against using them as law enforcement.
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CAPT Kevin B.
One of many articles.
https://abcnews.go.com/Politics/insurrection-act-invoked/story?id=71020988
https://abcnews.go.com/Politics/insurrection-act-invoked/story?id=71020988
What is the Insurrection Act and why has it been invoked before?
President Trump has threatened to invoke the Insurrection Act and deploy troops on American cities in response to nationwide protests after the killing of George Floyd.
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CSM Thomas Ray
After the assassination of civil rights leader Dr. Martin Luther King, Jr., on April 4, 1968, riots broke out in the District, primarily in the U Street, 14th Street, 7th Street, and H Street corridors, centers of black residential and commercial areas. The riots raged for three days until more than 13,600 federal troops and D.C. Army National Guardsmen stopped the violence. Many stores and other buildings were burned; rebuilding was not completed until the late 1990s.[49]. The U.S. Constitution provided for a federal district under the exclusive jurisdiction of the U.S. Congress, and the District is therefore not a part of any U.S. state. In this case, Yes , all others should be handled by the National Guard of the state
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Don't open a can of worms- we do NOT play well with others. Detroit riots 69?
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SGM Bill Frazer
SPC John Tacetta see uou are making my point we should not deploy in CONUS, unless all others have failed!
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SGM Bill Frazer
PFC Jeffrey Herrington 82nd trained several times a yr for riot control, and the rotated thru Ft Indiantown Gap during the Cuban Boat lift
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CPT Lawrence Cable
SPC John Tacetta - Blair Mountain the Federal Government Intervened AFTER the battle by activating the National Guard. Not much of a standing Army in that period.
The Great Coalfield War was a dark piece of History not many outside WV and Kentucky Remember. A movie was made about the beginnings of that conflict, "Matawan", about the struggle between the UMW and the Baldwin Felts Detective Agency, which were hired guns for the mine owners. The Movie ended on the assassination of Sid Hatfield on the steps of the McDowell Co. Courthouse in broad daylight by the Detective Agency after the charges had been dismissed. That was probably in retaliation for the deaths of two of the Felts brothers in the Matawan Massacre. The Movie is worth watching.
The Great Coalfield War was a dark piece of History not many outside WV and Kentucky Remember. A movie was made about the beginnings of that conflict, "Matawan", about the struggle between the UMW and the Baldwin Felts Detective Agency, which were hired guns for the mine owners. The Movie ended on the assassination of Sid Hatfield on the steps of the McDowell Co. Courthouse in broad daylight by the Detective Agency after the charges had been dismissed. That was probably in retaliation for the deaths of two of the Felts brothers in the Matawan Massacre. The Movie is worth watching.
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I'm going to say 'should' to the extent of States having their National Guard being used to just keep order if things get way out of hand. Civil (non-violent) protests should not be suppressed as they are a 1st Amendment right, but large-scale rioting & other violence that overwhelms other resources won't solve anything.
If Federal troops have to be called in under martial law, we're in a very, very bad place.
If Federal troops have to be called in under martial law, we're in a very, very bad place.
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PFC Donnie Harold Harris
There is no location place or condition known as way out of hand except being decided by an other that has there own hands in the same pot. This is a natural occurrence within mankind. Lets let her go. We can not go back to point A again.
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SSG(P) (Join to see)
SPC John Tacetta - Martial Law is a very misunderstood term. Martial law ONLY occurs when the military of a nation takes over complete control from the duly elected civilian government. Thus saying that troops on the street is "Martial Law" is incorrect and only engenders fear-mongering.
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SPC John Tacetta
SSG Unger:
You mistake me. I did not intend to imply that troops on the streets mean we are in a condition of Martial Law, but, rather, that troops should be put on the streets on after Martial Law has been declared. This has occurred a number of times in the United States, it hasn't always left a favorable impression in the history books, and as SGT Stein states it was only under dire conditions..
I found the Wikipedia entry informative.
https://en.wikipedia.org/wiki/Martial_law_in_the_United_States
You mistake me. I did not intend to imply that troops on the streets mean we are in a condition of Martial Law, but, rather, that troops should be put on the streets on after Martial Law has been declared. This has occurred a number of times in the United States, it hasn't always left a favorable impression in the history books, and as SGT Stein states it was only under dire conditions..
I found the Wikipedia entry informative.
https://en.wikipedia.org/wiki/Martial_law_in_the_United_States
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