The reservist, from the next earlier post, wrote on Tuesday on the question of civil defense and/or lawfare:
The significance of all this is that the majority of the military build up, specifically in New Orleans, cannot be used for law enforcement. It is largely a symbolic â€œshow of force.â€ There will be some that might argue for a â€œwork aroundâ€ where a few Louisiana Guardsmen are imbedded within a â€œTitle 10â€ unit and the â€œguardsmenâ€ will do â€œthe law enforcement.â€ Civil libertarians could easily argue that this is at least a violation of the spirit of the Act. These very concerns are currently being discussed amongst my peers in which hypothetically an individual who is either â€œarrestedâ€ or worse injured, claims a defense of â€œunlawfulâ€ arrest in federal court. The successful defense of the accused is proving a willful violation of Posse Comitatus that could therefore result in the imprisonment of all the commissioned officers involved in the â€œunlawful arrest.â€.
Very shortly, the Bush Administration will be accused of â€œpulling out the troopsâ€ before the job is finished. The â€œtitle 10â€ troops being sent to New Orleans fall under the Stafford Act. The story behind the story is that while the President may authorize Department of Defense resources for emergency work that is essential for the preservation of life and property, the period of the emergency work cannot exceed 10 days. While the â€œtitle 32â€ Louisiana National Guard troops can stay on state duty until the job is done, â€œtitle 10â€ forces will be departing very soon unless a creative work around is at hand.
There is lots more good stuff there. Go and read it all. I learned something. (Ha! This was my “learned something new” for today.) If I learned something, you might too. It’s worth the read anyway, to hear someone articulate and coherent declaim on a topic.