I can find no relevant recent updates not covered by this late 2021 article.
It includes the 2021 update which expanded the PCA’s coverage to include the Navy, Marine Corps, and Space Force, in addition to the Army and Air Force, and the Modernization of Military Guidance in 2019 when The Department of Defense updated its internal guidance on the PCA, reflecting evolving interpretations and regulatory practices.
Not yet enacted into law: Strengthening the Posse Comitatus Act of 2020 (H.R. 7297) was introduced in the House in June 2020 to further expand the PCA’s applicability to all branches of the Armed Forces and prohibit the use of evidence obtained in violation of the Act.
It is impossible for that article’s date to be correct and it to mention the expansion which did not become law until December of 2021, 5 months later. And indeed, it refers to a different section, as I said.
There is no need to for you to have been hostile about this point. I know how much it bothers people here when people with primary experience comment. References to different statues and slightly different wording may seem irrelevant to you but they are not.
In any event, there is a more recent article from lawfare that explains the current situation better. GIYF. I don’t need the upvotes as much as you, so I didn’t feel the need to post it to a coder/startup board.
Also, the Brennan Center isn’t a totally neutral source and makes no mention nor discusses in any detail the basis currently being cited as the grounds for using the military the way it is being used, which the lawfare article does. It’s advocating for a change to the law in response to January 6th, not talking about the specific issues currently relevant.
Surely that's not what the JAG is referring to since the article covered it
"While the Posse Comitatus Act refers only to the Army and Air Force, a different statute extends the same rule to the Navy and Marine Corps. The Coast Guard, though part of the federal armed forces, has express statutory authority to perform law enforcement and is not bound by the Posse Comitatus Act."
I did above in response to the passive aggressive Dunning Kruger reply to my simple comment suggesting an advocacy piece from 4 years ago might not be 100% useful for today’s news.
It includes the 2021 update which expanded the PCA’s coverage to include the Navy, Marine Corps, and Space Force, in addition to the Army and Air Force, and the Modernization of Military Guidance in 2019 when The Department of Defense updated its internal guidance on the PCA, reflecting evolving interpretations and regulatory practices.
Not yet enacted into law: Strengthening the Posse Comitatus Act of 2020 (H.R. 7297) was introduced in the House in June 2020 to further expand the PCA’s applicability to all branches of the Armed Forces and prohibit the use of evidence obtained in violation of the Act.