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Old 10-01-2017, 12:34 AM   #25
Join Date: Oct 2013
Location: Dallas, TX
Posts: 742
The amphibious ships came first because there were no port facilities left. None. USNS Comfort requires a 900 foot pier plus some space, 100 feet wide and over 20 feet deep to dock. She is not capable of amphibious operations.

Now that a dock has been cleared and an ingress route safely mapped and open, she can sail. She stood down for two main reasons: one, there were no ports to receive her at the time and two, the governor of PR requested that she NOT be sent.

Imagine that. The President did what the Governor of PR asked of him.

And posse comitatus does not apply here. That law poscribes the Army and Air Force from being used in a law enforcement capacity. It technically does not poscribe the Navy or Marines from being so used, but each service has regulations with the same force. Posse comitatus does not apply to the Coast Guard. The President does not authorize their use either, it is the US Congress that must do so.

Here is the relevant section of that law.

Sec. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress ; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment

Now, the military MAY INDEED be used after a natural disaster to restore public order and enforce laws.

Here is that section:

The President may employ the armed forces... to... restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition... the President determines that... domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order... or [to] suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such... a condition... so hinders the execution of the laws... that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law... or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

Sundance over at Conservative Treehouse wrote this up already and did a much better job than I did.
Pamela is offline   Reply With Quote