Guardsmen To Be Honored For Border Actions

Team Infidel

Forum Spin Doctor
Arizona Daily Star (Tucson)
January 22, 2007
By Associated Press
NASHVILLE, Tenn. — The Tennessee National Guard will honor four of its men for properly handling a tense situation while patrolling the Arizona-Mexico border earlier this month, a Guard spokesman said.
The troops were approached by a group of six to eight armed men while on patrol on Jan. 3 near Sasabe, Ariz., about 60 miles southwest of Tucson. They withdrew without confrontation, according to a military report.
"The soldiers did exactly what their mission was, to pull back if they're approached by armed personnel coming across the border," Tennessee National Guard spokesman Randy Harris said Saturday.
"They were to pull back, contact the Border Patrol, and the Border Patrol would come and make the needed apprehension or investigate the situation," Harris said. "The Tennessee National Guardsmen are not there as law enforcement."
The ceremony honoring the four Guardsmen is expected to take place later this week, and Tennessee National Guard Adjutant Gen. Gus Hargett is likely to attend, Harris said.
About 250 Guardsmen next month will begin the third deployment of Tennessee troops to reinforce U.S. Border Patrol agents.
CHANGE THE ROE FOR THE GUARDMENS!!!! They are National Guard, not National Runners. Also the Nationa Guard is the only military force in the United States that is not held back Posse Comitatus Act. This alone is why the Guard should have the ROE changed and allowed for the defense of the USA through the National Guard.
This could be a first, giving an Award for following Orders to run away from a Fight while an Armed Foreign Force illegally entered the United States of America during Wartime.

Oh and 5.56, on Active Duty, United States Army EOD has a standing waver to the Posse Comitatus Act.
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Active Duty, United States Army EOD has a standing waver to the Posse Comitatus Act.

Can you provide a link for the source of this claim in accordance with forum rules? I've been looking but could find no such "standing waiver".

The most I found was this...


As a general rule, the Posse Comitatus Act restricts direct use of military personnel in civilian law enforcement operations. Direct assistance is defined as: 1) A search or seizure; 2) an arrest, apprehension, stop and frisk, or similar activity; or 3) the use of military personnel for surveillance or pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. (2)

Despite these restrictions, it is military policy to try to cooperate with civilian law enforcement officials to the maximum extent possible, depending upon national security and military preparedness, the tradition of limiting direct military involvement in civilian law enforcement activities, and the requirements of applicable law. (3) Even so, direct assistance is permissible when it is with the "...primary purpose of furthering a military or foreign affairs function of the United States, regardless of incidental benefits to civilian authorities." (4) The key is that direct assistance must support military interests. Police chiefs, especially those with jurisdictions near major military installations, should be aware of this important exception and of the various forms of military assistance available locally.


Military Working Dog Teams

The most widely requested form of military assistance is the military working dog (MWD) teams, which are located at almost every major Department of Defense (DoD) installation in the United States. (5) Normally, military bases have both explosive and drug detector dog teams available for use by civilian law enforcement with the understanding that military commitments will usually take precedence over civilian requests. (6)


Every year, scores of civilian police agencies take advantage of firing ranges, combat towns, and other military training facilities. Depending on the size of the military installation, these facilities can vary from a standard, small arms requalification range to a full-scale combat town where police tactical units can practice in a realistic, urban setting. There are also demolitions ranges, as well as training areas where teams can conduct a variety of outside exercises. Additionally, office spaces and buildings may be used for traditional classroom training. And, if available, military instructors may also be used to train civilian law enforcement personnel. (7)

Expert Advice/Technical Assistance

The military is authorized to provide expert advice to civilian law enforcement agencies. (8) There is no restriction on this kind of support so long as military personnel do not participate directly in civilian law enforcement activities.

Equipment and Personnel

Military equipment can be loaned to civilian law enforcement agencies on a temporary basis to support on-going operations and training. Approval for these requests is handled on a case-by-case basis. (9) In addition, personnel may also be requested in situations where it would be impractical from a cost or time perspective to train civilian personnel to operate and/or to maintain equipment. (10) For example, recently, a local police department requested assistance from a nearby Marine Corps base concerning a homicide case. Eleven Marines, using mine sweepers, were assigned to help the local police department conduct an area search for the homicide weapon. In this case, it would have been highly impractical to train local police department members on how to use mine sweepers properly. In such cases, however, service members operating or maintaining equipment should not be placed in positions where violations of the Posse Comitatus Act might occur.

Emergency Situations

In an emergency, civilian law enforcement authorities cannot waste time tracking down helicopters, dive teams, or explosive ordnance disposal (EOD) technicians. Fortunately, the military possesses a variety of capabilities to which a civilian law enforcement department may not have access. In fact, military search and rescue helicopters and military divers frequently aid civilian law enforcement in searches for boats and missing persons on oceans, lakes, or rivers. In addition, military EOD technicians regularly assist civilian law enforcement officials in ordnance recovery and disposal operations.


There are various regulations regarding military support to civilian law enforcement agencies, and the level at which DoD approval is granted varies according to the amount and duration of the support desired. For example, in many cases, the base commanders can approve requests, while other requests must have higher approval. In addition, the military may require reimbursement for certain services. (11)

However, civilian law enforcement officials need not be completely familiar with all of these regulations. The senior military law enforcement official stationed at each installation is the point of contact for these services and can provide all the necessary information regarding any rules or regulations. Law enforcement agencies near Army or Marine Corps installations should contact the Provost Marshal. Those agencies near Air Force bases should contact the Chief of Security Police, while requests for assistance from area naval bases should be directed to the Security Officer.


This article has briefly described a few of the exceptions to the Posse Comitatus Act with regard to civilian law enforcement requesting military assistance. Every year, hundreds of requests for assistance from civilian law enforcement are successfully supported by the U.S. military. As stated previously, routine requests can be approved locally, and civilian law enforcement administrators should contact their military counterparts about available support. The U.S. military stands ready to provide civilian law enforcement with whatever assistance it can, in accordance with the complex stipulations of Posse Comitatus. In many cases, all an agency has to do is ask.

No standing waiver mentioned.
* bump *

Originally Posted by Gator
Active Duty, United States Army EOD has a standing waver to the Posse Comitatus Act.
Can you provide a link for the source of this claim in accordance with forum rules? I've been looking but could find no such "standing waiver".

EOD plays a major role in OOTW, during both periods of conflict and peace. During operations in both peacetime and conflict, EOD participates in security and advisory assistance, antiterrorism, counterdrug operations, training, ordnance disposal, arms control, treaty verification, and support to domestic civil authorities. Many of these roles are routinely performed within CONUS. Compared to war, the threat to US forces is diminished during operations involving conflict. The EOD role during conflict is the same as in operations during war. During conflict, EOD maybe engaged with an increased antiterrorism role, such as responding to the threat posed by IEDs.



The Posse Comitatus Act defines dealing with civil authorities or the public when Army EOD assistance may involve civil law. United States Code (18 USC 1385) (1964)) states that: "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as posse comitatus (authority of the country) or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than 2 years, or both."
The term execute the laws includes conducting or assisting in criminal investigations or apprehending accused persons. The Posse Comitatus Act does not apply where such action is authorized by the Constitution or by an Act of Congress. The Posse Comitatus Act applies to EOD when the gathering of evidence is requested for the purposes of a criminal investigation. Generally, the act does not apply to EOD when a request regarding safety is involved (for example, for suspected IEDs and the recovery of hazardous items) as long as it is in the interest of public safety.
Under the Constitution and laws of the US, the protection of life and property and the maintenance of law and order within the territorial jurisdiction of any state are primarily the responsibilities of local and state governments. Authority to enforce the laws is vested in the authorities of those governments. This act does not apply in foreign countries. Congress has authorized a military justice system, the UCMJ, for the armed forces. Therefore, law enforcement actions within the UCMJ do not violate the Posse Comitatus Act. As a general principle therefore, Army personnel do not violate the act in the performance of properly authorized duties even if violation may indirectly or by chance aid federal, state, or local authorities. DA policy regarding Army EOD use is to assist public safety and law enforcement agencies in developing a capability to deal with the IED threat and, when necessary, to provide EOD service in the interest of public safety. Army EOD personnel will not participate in bomb or IED search operations (except for VIP support operations) or assist in the enforcement of civil law. The normal response by US Army EOD to federal, state, and local requests for EOD service is based on the protection of public safety. Because of the nature of an IED threat, the EOD service response must be efficient and immediate to protect public safety effectively. US Army EOD personnel will respond to such requests when a suspected or actual device has been located and when the responsible agency has no EOD capability or its capability is overextended. They may function as technical consultants or advisors and assist in or perform disposal of hazardous residue. Under emergency conditions, EOD may attempt an RSP (in accordance with AR 75-15). For a particular situation, the advice and assistance of a legal officer are necessary.

NOTE: EOD also supports the United States Secret Service as well as other Federal Agencies for Presidential and VIP protection.
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