Posted on Jan 25, 2017
SGT James Elphick
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Edit: I posted this as a little experiment. There was a similar discussion asking whether American soldiers would fire on American citizens due to the riots that were taking place. I had responded that the Posse Comitatus prohibited that, much like many of you did. However, I was unconvinced that most of the respondents "No's" had to do with an obligation to their fellow citizens and more to do with their dislike of the Obama administration. I hypothesized that it was the latter and posted this question to test that theory. Turns out you all pleasantly surprised me and proved me wrong. Thank you for that. I'm sure this post will continue to generate discussion though.
Edited 9 y ago
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Responses: 82
SGT James Hinch
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Posse Comitatus says no. Anyone remember the small town of Sampson, AL that had a mass shooting and MPs from Fort Rucker went down to assist the local law enforcement in directing traffic around the road blocks? I do, because I was one of those MPs. As a result of that, our Provost Marshall (LTC) was relieved of duty, and charged. All because he answered a mass call for help from local law enforcement.
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SPC Woody Bullard
SPC Woody Bullard
9 y
SGT James Hinch - I agree with you. In responding to SGT Elphick's question
on U.S. Army troops being used against American civilians I was stating that action has
taken place in our nation's history. SGT Elphick brought politics into his question with
the like or dislike of President Obama. American citizens have the right to assemble and
protest but there is no right to destroy property, injure or kill other American citizens.
People who riot are not protesters, they are criminals and should be treated as criminals.
Civilian law enforcement officers should be used to stop and arrest violent people who
riot in the streets, not regular U.S. Army troops. That line can be crossed when the state
National Guard soldiers are ordered in to assist the police officers. Some of the National
Guard soldiers today are Iraq and Afghanistan war veterans like the regular Army troops
so that Posse Comitatus Act can get a little fuzzy.
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PO3 John Jeter
PO3 John Jeter
9 y
If I remember correctly, the Provost Marshall who was charged defended his actions on the basis that his people were not involved in law enforcement activities but merely public safety assistance, necessary to provide for the security of the installation. I would be curious to know of the outcome of that proceeding. Does anyone have any info?
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SGT James Hinch
SGT James Hinch
9 y
PO3 John Jeter - That's correct. In fact, the volunteers that we relieved on those posts were civilians from the community. Every one of us had to be interviewed individually by the TRADOC Deputy Commander. (a 3 star) as for the outcome, they determined that while he did violate Posse Commitatus, he was acting in good faith and just gave him a reprimand and reassignment.
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COL Bill Gross
COL Bill Gross
4 y
The exception is the Insurrection Act. Governor can request Federal Military assistance and President then can act. Last employed in LA Riots after Rodney King verdict.
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MSG Criminal Investigator
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National Guard should if necessary but not federal troops.
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MSG Criminal Investigator
MSG (Join to see)
9 y
TSgt (Join to see) - Understood, but outside of Military Police command,regardless of the MOS, are soldiers being trained in this anymore. The only place outside of a military police command that I am am aware this training is manditory is in the National Guard.

I wasn't questioning your response because I know this occurs with all MP units regardless of MOS. When I was in a MP company everyone, including mechanics and cooks trained in this but we were all in a MP unit.
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MAJ Contracting Officer
MAJ (Join to see)
9 y
No we are not trained on riot control, MP's and guard only, the rest of us are taught how to deal with a hostile crowd, in terms of Iraqi or Afghanistan dispute but not a riot especially not for actions against US citizens.
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SFC Wayne Bragg
SFC Wayne Bragg
>1 y
That is a Guard duty not Regular Army .
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COL Bill Gross
COL Bill Gross
4 y
See Insurrection Act.
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CDR Naval Aviator
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No, No, No, No, Absolutely No, and again No a thousand times over. Besides the Posse Comitatus Act preventing that, that is the same action that every dictator takes to justify keeping the peace and it is the first step towards a dictatorship and a 240 year steps backwards to being under the thumb of King George or in this case King Donald.

Today it is a protest you have stopped, tomorrow we loose our freedoms such as the 1st amendment, and the next day we put yellow stars on undesirables (Nazi Germany in case the reference is missed).
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SFC Wayne Bragg
SFC Wayne Bragg
>1 y
You said it there and if it was to happen the Constitution is no longer in effect
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MGySgt William Colby
MGySgt William Colby
>1 y
I complete agree with the commander.
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COL Bill Gross
COL Bill Gross
4 y
Check out the Insurrection Act.
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Should the US military be used to enforce law and order and quell the protests against President Trump?
SGT William Howell
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Absolutely not. Not only will he never do that, but if he did it is an unlawful order.

https://en.wikipedia.org/wiki/Posse_Comitatus_Act
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SGT William Howell
SGT William Howell
9 y
SN Greg Wright - I believe that would take an act of Congress. In saying that, I had police powers while I was in Katrina but I was there with the Guard. I do know that AD guys from the 101st were there patrolling New Orleans so there is exceptions, just not sure what they are. There are guys on here that I am sure can answer that and I would love to know what they are.
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TSgt Hh 60 G Maintainer
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SGT William Howell - Congress already authorized it in the NDAA of 2012. It declared everywhere US law has jurisdiction to be a "battlefield" and thus empowers the US Military to operate thereupon.
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SGT William Howell
SGT William Howell
9 y
TSgt (Join to see) - Is it always in place or does something like a Presidential declaration have to happen? It would seem like there would be a conflict with Posse Comitatus which I know is still in effect because I was a civilian police adviser in Afghanistan because the military was not allowed to train a foreign police. I knew somebody would have the answer. :)
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COL Bill Gross
COL Bill Gross
4 y
See Insurrection Act
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SGT Motor Transport Operator
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After you violate the first amendment, you should never complain about anything someone wants to do to the second amendment
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SGT Motor Transport Operator
SGT (Join to see)
9 y
The key word is rightsCW2 John Brookins -
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CW2 John Brookins
CW2 John Brookins
9 y
Are you saying there is a right to violence?
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1LT William Clardy
1LT William Clardy
9 y
Intended by whom, CW2 John Brookins? The vast majority of protesters are not being violent. Rude, self-centered and intolerant, perhaps, but not violent.
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CW2 John Brookins
CW2 John Brookins
9 y
I'm only talking about those using violence. While most may not be violent many are and they are criminals.
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SP5 Robert Ruck
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Absolutely not. Never military against our citizens. To me this is a scary thought.
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SP5 Steve Powell
SP5 Steve Powell
9 y
aYUP!
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COL Bill Gross
COL Bill Gross
4 y
See insurrection Act
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SFC Intelligence Analyst
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No, that's why we have law enforcement, plus is illegal
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TSgt Hh 60 G Maintainer
TSgt (Join to see)
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Although the NDAA of 2012 declared everywhere US law has jurisdiction to be a "battlefield" and thus empowers the US Military to operate thereupon.
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COL Bill Gross
COL Bill Gross
4 y
See Insurrection Act.
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Lt Col Scott Shuttleworth
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national guard...absolutely. Federal troops...heck no. I don't want us to turn into a police state.
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COL Bill Gross
COL Bill Gross
4 y
It's happened in the 1990s. See Insurrection Act.
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COL President
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No. BTW, there were some people in DC on inaug day who specifically set out to cause damage, and they were dealt with. But on SAT, during the so-called "women's marches" in dozens of US cities, millions of protesters, all peaceful, and no arrests were reported.
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SGM Command Career Counselor
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How did "send in the feds" get translated to military? Or was this a hypothetical?
The president has FBI, DEA and Bureau of Alcohol, Tobacco, Firearms and Explosives assets at his disposal that are already lightly involved in the Chicago area. "Send in the feds" likely only meant ramp up the efforts of federal law enforcement agencies; although I think the problem is much larger than crime.
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SPC Member
SPC (Join to see)
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That's what I thought he meant MSG. I don't remember the military being called Feds.
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1LT Medical-Surgical Nurse
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MSG,

I don't think anybody translated "the Feds" as the military. I've never heard that mentioned until now.
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SGM Command Career Counselor
SGM (Join to see)
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1LT (Join to see) - my original interpretation of the question was, well, a little off. Due to the timing of the question, I thought it was directed towards the POTUS comment on Chicago.
Not sure how I missed "the protests". Maybe should not RallyPoint while in class! Lol
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COL Bill Gross
COL Bill Gross
4 y
Title 10 Forces were used in multiple occasions in the 60s and 70s to restore or maintain order in the Nations Capital.
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