Pentagon Unilaterally Grants Itself Authority Over ‘Civil Disturbances'

[AnotherMcIntosh]

13. The author of the article is wrong.

In his second paragraph, he wrote:

" By making a few subtle changes to a regulation in the U.S. Code titled “Defense Support of Civilian Law Enforcement Agencies” the military has quietly granted itself the ability to police the streets without obtaining prior local or state consent, upending a precedent that has been in place for more than two centuries.' "

To begin with, there is no such animal as "a regulation in the U.S. Code." There are regulations. And there is the U.S. Code. Congress passes statutes which, when codified, become part of the U.S. Code. The various administrative agencies, as authorized by Congress, adopt regulations. There are no regulations in the U.S. Code.

The actual language of the regulations being discussed can be found here at the GPO's web site:
http://www.gpo.gov/fdsys/pkg/FR-2013-04-12/pdf/2013-07802.pdf

The author of the article repeats what a limited number of people have said, that the phrase "civil disturbances" is too vague. He hints that the Posse Comitatus Act would be suspended. That Act provides that whoever willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute U.S. laws, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, shall be fined under title 18, U.S.C., or imprisoned not more than two years, or both.

The response by the DOD is that

"‘‘Civil disturbance’’ is an approved definition in the DoD Dictionary and makes no reference to the Posse Comitatus Act being ‘‘suspended.’’ Also this rule does not make reference to the suspension of Posse Comitatus Act. It lists those actions that are permissible and restricted under the Act. The author also recommends that Congress, rather than DoD, make the language ‘‘clear and unambiguous.’’ (under Comment #1, p. 21827)

http://www.gpo.gov/fdsys/pkg/FR-2013-04-12/pdf/2013-07802.pdf