re: Response to naysayers of ARMY Document leaked

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MSCoastTigerGirl

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Don't mind taking this up (now that kilo has stopped laughing);

As in all of our doctrinal publications, if you have question about the authority cited for the doctrine you go to the references section. It will list military and then other supporting references. For ATP 3-39.33 it cites the following (References, page 125);

Other Publications

32 CFR, Part 215. Employment of Military Resources in the Event of Civil Disturbances. Constitution of the United States.
DODD 3025.18. Defense Support of Civil Authorities (DCSA). 29 December 2010.
DODD 5200.27. Acquisition of Information Concerning Persons and Organizations not Affiliated with the Department of Defense. 7 January 1980.
DODI 3025.21. Defense Support of Civilian Law Enforcement. 27 February 2013.
Executive Order 12333. United States Intelligence Activities. 4 December 1981.
Fed-Std 376B. Preferred Metric Units for General Use for the Federal Government. 27 January 1993.
House Joint Resolution 1292. 6 June 1968.
NGR 500-1. National Guard Domestic Operations. 13 June 2008.
10 USC, Subtitle A, Part I, Chapter 15, Section 331. Federal Aid for State Governments.
10 USC, Subtitle A, Part I, Chapter 15, Section 332. Use of Militia and Armed Forces to Enforce Federal Authority.
10 USC, Subtitle A, Part I, Chapter 15, Section 333. Interference With State and Federal Law.
10 USC, Subtitle A, Part I, Chapter 15, Section 334. Proclamation to Disperse.
18 USC, Part I, Chapter 67, Section 1385. Use of Army and Air Force as a Posse Comitatus.

The references that are most germane to your question are DODD 3025.18, DODI 3025.21 and 18 USC, Part I, Chapter 67, Section 1385. In a broad umbrella, our functions would mostly fall under Defense Support to Civil Authorities (DSCA) and Defense Support of Civilian Law Enforcement (DSCLE).

Bottom line, there are certain situations where the U.S. military does have the authority to assume law enforcement responsibilities. But they are very narrowly defined.

DODD - Department of Defense Directive
DODI - Department of Defense Instruction
USC - US Code

ETA: This is one I have not researched before;

32 CFR, Part 215. Employment of Military Resources in the Event of Civil Disturbances. Constitution of the United States.