
Well, I finally got around to digging up some information about the
National Guard and the Posse Comitatus law. This is from a file I had
laying around in my account about the National Guard and the War on
Drugs. Just substitute Patrick's idea about high-crime areas for "War
on Drugs" where it appears here:

********** Begin Excerpt

National Guard Goals for the 90's:
-Goal #3: A steadily increasing role in the War on Drugs -
involving a rapid expansion of National Guard support of local,
State and Federal law enforcement agencies in the interdiction and
eradication of illegal drugs. (Posted at all National Guard
armories and bases)

To begin this paper, it is best to answer the question, "Why is
the National Guard so involved in the War on Drugs?" The answer
to this question goes far beyond the obvious fact that with the
end of the Cold War, America's military has needed something to do
with all the money and material that our Government supplies it
with. The answer lies in legality. As Army Chief of Staff Gen.
Gordon R. Sullivan said in a speech to the 1991 National Guard
Association:

     "You (the National Guard) represent us in uniform in ways
     that the active forces cannot unless central laws are
     changed. You are part of a Total Army dedicated to
     protecting our values and our way of life."

The "law" that General Sullivan refers to is a law called the
Posse Comitatus Act of 1879. THIS LAW WAS DESIGNED TO PROTECT
AMERICANS AGAINST ABUSE BY THEIR OWN MILITARY BY DICTATING THAT
FEDERAL TROOPS COULD NOT ENTER PRIVATE LAND OR DWELLINGS, AND
COULD NOT DETAIN OR SEARCH CIVILIANS. The key to the National
Guard's involvement in the drug war is the word "federal"
contained in the Posse Comitatus law by hiding behind the state
missions given it by the National Guard Bureau. The national
Guard has, since 1912, had a two-tiered mission to serve both the
State and Federal Governments.

Under Public Law 100-456 passed by Congress in 1988 authorizing an
"enhanced role" in drug interdiction and surveillance by the
National Guard, Guardsmen can work under Title 32 of the United
States Code in an "Active Duty for Special Work" status. THIS
MEANS THAT WHILE THE SOLDIER'S PAYCHECK AND OTHER BENEFITS SUCH AS
MEDICAL CARE AND RETIREMENT COME FROM THE FEDERAL GOVERNMENT, HE
OR SHE IS WORKING FOR THE STATE GOVERNOR AND IS NOT UNDER FEDERAL
CONTROL. THE GUARD MEMBERS INVOLVED IN COUNTERNARCOTICS
OPERATIONS ARE THEREFORE NOT BOUND BY THE POSSE COMITAS ACT.

GUARDSMEN IN TITLE 32 STATUS CAN UNDERTAKE VEHICLE SEARCHES,
SEARCHES OF BUILDINGS, _AND_CAN_ENTER_PRIVATE_PROPERTY_WITHOUT_ANY
SORT_OF_SEARCH_WARRANT_OR_ANY_OTHER_LEGAL_PERMISSION.__THE_ONLY_
AUTHORIZATION_A_GUARDSMAN_ON_ACTIVE_DUTY_FOR_SPECIAL_WORK_STATUS_
NEEDS_TO_SEARCH_ANYTHING_IS_THE_PERMISSION_OF_HIS_OR_HER_IMMEDIATE_
COMMANDER,_I.E. THE OFFICER IN CHARGE OF THE GROUP AT THE TIME.
(National Guard Regulation 584-3, Section II, page 6)

As of this writing, both the National Guard Association and the
department of Defense are lobbying Congress to repeal the Posse
Comitas Act of 1879. The Act has already been diluted in a major
way. It used to be that an individual Guardsman on Active Duty
for Special Work status was restricted to 179 days of such duty in
a single year. As part of Public Law 100-456, this restriction
was lifted, allowing Guardsmen to make a permanent assignment out
of drug interdiction. As of today, the average time a drug-
interdicting Guard member has been serving on active duty is a
whopping two years and eight months, nearly as long as the average
Active Army enlistment (National Guard personnel statistics,
January 1992).
********** End Excerpt

Well, from what I can see here, Patrick should _not_ support use of the
National Guard. After all, this whole discussion began with him
complaining about the erosion of 4th/5th Amendment rights through
Clinton's proposal for public housing residents. Now we find out that
National Guardsmen assigned to Patrick's special unit can violate the
4th and 5th with only the permission of their CO - gee, _that_ must be
difficult.

The only other option to get the Guard working in the projects is to
repeal the Posse Comitatus law. I for one strongly object to this. Do
you, Patrick?


------------------------------------------------
(This file was found elsewhere on the Internet and uploaded to the
Patriot FTP site by S.P.I.R.A.L., the Society for the Protection of Individual Rights and Liberties. E-mail alex@spiral.org)
