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by battery_cowboy 2211 days ago
> Augment MN State Patrol Civil Disturbance Operations with a show of force

Well, that's fucking illegal as shit. You can't use military to perform law enforcement actions, and a "show of force" is clearly a threat to use the force, which would be a law enforcement action, since a show of force is technically a responsive security measure. The military is only supposed to support law enforcement with things like medical care or what have you, but this falls clearly on the side of law enforcement.

Edit: when I was in the Navy, we performed counter drug operations where the Coast Guard would legally "take over" the ship's command structure, temporarily, so we could legally perform law enforcement actions against drug boats thousands of miles from the USA. When we spotted the drug runners (by helo or intelligence), the Coasties would immediately become in legal command of the ship because any warnings over the radio (where we told them to stop or we'd shoot their engines) or shots to do so would be considered a law enforcement action since it was a "threat of force". We (the officers) were told if we did anything over the radio or even chased the boats before the Coastie Commanding Officer took over, we'd get court-martialed for some sort of violation of the US Constitution, no shit.

4 comments

> Well, that's fucking illegal as shit. You can't use military to perform law enforcement actions

You can if they are National Guard called out by the governor.

Haha what a clever end run around the rule. Just get a single Coast Guard officer in and you can enforce using the military. Reminds me of the fact that California has no civil asset forfeiture but the police have revshares with the feds and the feds can totally still do their civil asset forfeiture, so Californian police just route their stuff through the feds who take a cut. Very much in the hacker spirit.

Also reminds me of that movie Sicario.

Yes, it was pretty much bullshit, I am not happy about my role back then.
> Well, that's fucking illegal as shit.

Nonsense. As far back as 1970 the infantry and armed cavalry of the Ohio National Guard fixed bayonettes to the M1 semi-automatic rifles and shot 13 unarmed students at Kent State university - killing four.

You will note that students were indicted for the riot (Kent 25) but NONE of the soldiers or chain of command.

And the USG has been defending this action as recently as 2012.

Isn't that the difference between what is illegal on paper (according to the law) and what actually gets enforced as illegal? Kids are taught that the law is the law, but in reality only the law that gets enforced matters.
IANAL and don't live in the US, but my guess from other posters is that its completely legal for the national guard to shoot rioters if the governor authorises it.

FWIW: I did politely ask what the legal response to looting in US law is, but got down-voted, sans answer, by the woke.

Why are you commenting if you don't live in America and don't understand the situation? De facto is way different than de jure.
I have bitter first-hand experience of the consequences of leaving dangerous laws on the books: e.g. shooting looters with FMJ ammunition "that everyone known isn't going to be used".

I bet few us live in Ireland, but most would agree that their recent changes to remove blasphemy laws is a good idea, no?

If you REALLY don't want the military shooting looters, then at least take the effort to get the laws changed. You can multi-task. Phone AOC.

I appreciate your experience, but in the USA, regardless of what these other posters are stating, you can't use the military for law enforcement except for very narrow limits. They are mistaken when they say this use is legal, but I can forgive their error since America has basically turned into a banana republic, so it's hard to understand some things that are occurring daily used to be really illegal and looked down upon.

https://en.wikipedia.org/wiki/Posse_Comitatus_Act

"You can't use military to perform law enforcement actions"

As a former military member, you need to go refresh yourself on how and when posse comitatus can be suspended, and to whom it does and does not apply.