JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Wednesday, July 06, 2005

New defense plan raises questions about domestic legal role of US military
David Shucosky at 9:37 AM ET

[JURIST] A new US Department of Defense plan for defending the US from terrorist attacks, quietly approved last month [official press release], has raised questions about the level of involvement by the US military on its own soil. The plan, titled Strategy for Homeland Defense and Civil Support [PDF full text], does not provide or ask for new legal authority to act, but does spell out plans for military intelligence to work with civilian law enforcement, an expanded role for the National Guard, and reiterates the president's power to deploy troops domestically "to intercept and defeat threats." The 1878 Posse Comitatus Act [text], prohibits federal troops [Wikipedia backgrounder] from being deployed as law enforcement officers in the US without specific Congressional or constitutional authority. A Pentagon official said "nothing in our strategy...would move away from that historic principle", but a national security expert from the ACLU said limits seemed to conflict with duties and that the DOD "seems to be trying to have it both ways." The Washington Post has more.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 UK judge upholds request to withhold evidence in Russian spy death investigation
5:26 PM ET, May 19

 Afghanistan parliament blocks women's rights legislation
4:06 PM ET, May 19

 Rights groups urge Cameroon to drop charges against transgender youths
11:45 AM ET, May 19

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org