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re: Given that it is entirely unconstitutional to deploy the MIL on US soil, what gives?
Posted on 1/21/21 at 7:44 am to rebeloke
Posted on 1/21/21 at 7:44 am to rebeloke
quote:
The question is not whether you can use the National Guard is the manner in which they are being used same for the Coast Guard.
The National Guard walks in 3 worlds:
1. State Active Duty - State control, reports to the governor, state pays. Can be utilized for or as LE without limitation other than state statutes. If federal equipment is utilized, the federal government is reimbursed.
2. Title 32 - normal "drill" status, can be called to AD under Title 32, state control, reports to the governor, Federal Government normally pays. Allows for use as LE within the State borders or within the framework of a State compact under the direction of another government that accepts them in a Title 32 status.
3. Title 10 - "federal" active duty, which is where all the Posse Comitatus, etc kicks in and significantly limits how they can be utilized.
The Coast Guard operates under Title 18, which affords them LE powers, which are typically restricted to navigable waters of the U.S. They can be mobilized and operate under the USN.
Most of the National Guard troops that were in D.C. were there under a State Compact that D.C. is a part of that provides mutual support for NSSE (National Security Special Events) - inaugurations, super bowls, olympics, SOTUA, etc. Their status as Title 32 in most situations, which is a sidestep of Posse Comitatus.
As far as swearing in with the U.S. Marshals this was to cover the Marshals and the soliders if the detention of U.S. personnel became necessary. While most rarely hear about this, it has been done before and NG troops have been sworn in as Border Patrol and DEA when they are working along the border in interdiction operations...
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