Posse Comitatus

[JeffL]

On Tuesday evenig, my wife and I heard that the US Army would join in the search for the D.C. area's so-called sniper with its RC-7 reconnaissance aircraft. We both looked at each other, and she asked if that was legal. I said that thought it violated the Posse Comitatus Act, which is one of the main reasons the Coast Guard is not part of the DOD. I predicted that some lawyer would protest the Army's involvement in the search, even though the plane(s) allegedly have FBI agents aboard and the crews will not be involved in any ground action but will "...relay data to law enforcement and would not decide on its own which targets to watch."

BINGO! The ACLU has voiced its protest to this development, saying that it violates the Posse Comitatus Act.

I also predict that if the perpetrator(s) is (are) caught, some defense lawyer will use the same arguement to try to get his client(s) off.

It seems to me that any protest could have been avoided if a Coast Guard or FBI pilot was at the controls, since both agencies are based in law enforcement which would not violate the act.

Discussion, anyone?