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 “show of force.” There will be some that might argue for a “work around” where a few Louisiana Guardsmen are imbedded within a “Title 10” unit and the “guardsmen” will do “the law enforcement.” 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 “arrested” or worse injured, claims a defense of “unlawful” 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 “unlawful arrest.”.
Very shortly, the Bush Administration will be accused of “pulling out the troops” before the job is finished. The “title 10” 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 “title 32” Louisiana National Guard troops can stay on state duty until the job is done, “title 10” 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.