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KEY EXCEPTIONS TO THE POSSE COMITATUS ACT
A summary of key exceptions to the Posse Comitatus Act follows:3
• National Guard forces operating under the state authority of Title 32 (i.e., under state rather than federal service) are exempt from Posse Comitatus Act restrictions.
Originally posted by stevegmu
reply to post by ExPostFacto
That's because the 9/12 protest movement is peaceful, while the G20 protests never are.
Really? Can you provide a link showing said order? Everything I have read has stated Gov. Rendell called in the Penn National Guard, as well as asked for help from a NY Guard unit, which then became under his authority. They were never federalized, but I guess you have a link saying they were?
Originally posted by CX
I still wonder about the "agent provocateur" theory though, it definately wouldn't be the first time..
Originally posted by ExPostFacto
reply to post by stevegmu
Also, I believe there is an executive order that federalized national guard to report to the president, and not the governor. This was done to ensure the national guard fell under command of FEMA and the Department of Homeland Security.
Originally posted by clay2 baraka
The National Guard was not federalized, but was called into duty and under the control of Governor, Ed Rendell.
Curiously enough the entire mobilization was underwritten by the Federal Government so there is still an argument to be made that there could have been a posse commitatus violation. There is gray area and a lot of wiggle room for the government to win that argument however. .
The Governor of each State and territory with an eligible FY 2009 Urban Areas Security Initiative (UASI) Urban Area is required to designate a State Administrative Agency (SAA) to apply for and administer the funds awarded under the NSGP. The SAA is the only entity eligible to formally apply to FEMA for these funds.
To be eligible to receive FY 2009 NSGP funding, applicants must meet National Incident Management System (NIMS) compliance requirements. The NIMSCAST will be the required means to report FY 2008 NIMS compliance for FY 2009 preparedness award eligibility. All State and territory grantees were required to submit their compliance assessment via the NIMSCAST by September 30, 2008 in order to be eligible for FY 2009 preparedness programs.
SAAs, in coordination with the Urban Area Working Groups (UAWGs) and Citizen Corps Councils, are encouraged to actively and aggressively advertise the availability of the FY 2009 NSGP to eligible nonprofit organizations, especially to organizations that previously have not applied for or received NSGP funding.
Originally posted by digger2381
reply to post by bismarcksea
ETA: Forgot to mention that I had the scanner on all day and they were calling out this location as one of the places where officers had an arrest but were surrounded by a crowd, needing assistance, send extra units, etc. Perhaps it was this that I was hearing. It sounded like baum and melvalle/melville on the scanner, and not being familiar with the area, I couldn't find it. Millvale, not melville. Doh.