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U.S. Leaders Consider Military Role in Domestic Defense

Homeland chief proposes expanding role of the U.S. military for domestic police use

WASHINGTON, July 22 (IslamOnline & News Agencies) - Threats from terrorists require changes to a 19th-century law barring the U.S. military from domestic law enforcement duties, President George W. Bush's homeland security adviser and key lawmakers said Sunday, July 21.

The willingness to consider changes to the law, which Bush has called on lawmakers to consider, indicates how the September 11 terror attacks have changed the U.S., which since its creation in 1776 has feared the prospect of military rule as much as the threat of foreign enemies.

White House homeland security chief Tom Ridge and senators Joseph Biden and Carl Levin ruled out wholesale changes to the landmark Posse Comitatus Act of 1878, which bars the military - Army, Navy, Air Force and Marines - from making arrests, conducting searches or other police activity on U.S. soil.

Saying the wholesale lifting of the Act is not the thrust, because it "goes against our instincts as a country to empower the military with the ability to arrest," Ridge called the prospect "very unlikely."

"We need to be talking about military assets, in anticipation of a crisis event," he said on "Fox News Sunday." "And clearly, if you're talking about using the military, then you should have a discussion about posse comitatus," reports news agencies.

Instead, they proposed relaxing the ban to allow a greater role for the military in homeland defense.

"I think it is time to revisit it," Biden, chairman of the Senate Foreign Relations Committee, told Fox News.

"Let's say you had word that there was something going on in one of the tunnels in Amtrak, or you had some major event where they thought there may have been a weapon of mass destruction involved. Right now, when you call in the military, the military would not be allowed to shoot to kill, if in fact they were approaching the weapon, and so on.

"But we're not talking about general police power."

Levin, chairman of the Senate committee that oversees the military, said Posse Comitatus "has served us well for a long time," telling CNN he did not think the law needed to be changed.

"It's kept the military out of law enforcement, out of arresting people except in the most unusual emergency situations - like a riot or after some kind of a disaster - where they have to protect against looting," said Levin.

However, he added: "I don't fear looking at it to see whether or not our military can be more helpful in a very supportive and assisting role even than they have been up to now -- providing equipment, providing training, those kind of things which do not involve arresting people."

"The horror, the tragedy, the suffering that they brought to us on 9/11, which clearly showed the world that these people, who have hijacked a religion to justify their evil, to justify their willingness to kill innocent civilians, is something that we have to accept, unfortunately, as the new threat of the 21st century," Ridge told CNN.

U.S. Air Force Gen. Ralph E. Eberhart, head of the new military command charged with defending U.S. territory, told The New York Times he favors changing the law to grant greater domestic powers to the military to protect against terror attacks, but did not offer or favor any specific changes, reports news agencies.

The U.S. Constitution guarantees the right of states to maintain armed militias to counterbalance the national army, and requires civilian control of the military because its authors feared a large standing army would become an instrument of tyranny.

The Coast Guard and National Guard - the modern version of those state militias - is exempt from the Posse Comitatus law.

The Posse Comitatus Act stemmed from the 1861-1865 U.S. Civil War, when civilians were tried and in some cases executed by military courts. U.S. troops occupied the defeated southern states for several years after the war.

The U.S. Congress modified the act in 1981 to allow the use of military troops and equipment to prevent the importation of illegal drugs.

 

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