The Erosion of Posse Comitatus

The first meeting of a new "Advisory Panel on Department of Defense Capabilities for Support of Civil Authorities After Certain Incidents" is taking place this afternoon. Congress recently charged this panel with evaluating "the authorities and capabilities of the Department of Defense (DOD) to conduct operations in support of U.S. civil authorities in the event of a chemical, biological, radiological, nuclear, or high yield explosive (CBRNE) incident." This effort appears to be part of the latest assault on Posse Comitatus.

The ACLU submitted comments to remind the Panel that this increasing domestic use of military troops cuts against longstanding traditions of civilian dominance and to ask them to consider options other than increasing reliance on military forces.

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