Couple things, for context, when discussing deployment of active forces in the US:
1. National Guard forces spend significant training time preparing for domestic disturbances. They train on & have equipment related to this mission. Active forces (3ID, 101st, etc) do not. 1/9
1. National Guard forces spend significant training time preparing for domestic disturbances. They train on & have equipment related to this mission. Active forces (3ID, 101st, etc) do not. 1/9
2. GEN Milley, the CJCS, is by law is the "advisor" to POTUS, SecDef, HLS, NSC. He does not have "command authority" over any US forces, rather he advises the SecDef on how to use combatant commanders for that role. (en.wikipedia.org/wiki/Joint_Chi…). 2/9
Re the Insurrection Act: Both 2007 & 2008 NDAA changed POTUS's ability to use the act, but many factors rightfully hinder consideration. (See H.R. 4986: National Defense Authorization Act for FY 2008". GovTrack.us.) 3/9
When "number of forces available" are mentioned by anyone, that's a head count of who is serving. Many in the Army (both reserve and active, the forces that are being discussed) are deployed, on other missions, or not available. Be wary of anyone citing numbers. 4/9
The relationship between each State's National Guard Commanders (The Adjutant General, or TAG) is closely aligned with the Governor...in effect, unless federally mobilized, the NG "belongs to and is employed by" the governor, with the TAG providing advice to the Gov. 5/9
There are many people commenting on the use of the military under Posse Comitatus (18 U.S.C. § 1385) that are unclear of the code. Most National Guard and active military forces are trained in, and understand it. It states....
6/9
6/9
"Whoever, except in cases & under circumstances ...authorized by the Constitution or Act of Congress willfully uses any part of the military as a posse comitatus to execute laws shall be fined under this title or imprisoned not more than two years, or both." 7/9
By last count, there were 23+ states experiencing protests, riots, or challenging activities over the last few days. Like a national approach to COVID19 actions, there's a need for a national strategy to restore order. Governors are in the lead, the federal govt supports. 8/9
A personal note...before deploying to Iraq during the surge, my boss gave me great advice: "You can't win this fight by trying to be tough. You gotta understand the space, who you're trying to help, who you're trying to counter. Being smart is better than appearing tough." 9/9
