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09/18/2005:

"Military May Play Bigger Relief Role"

President Bush's push to give the military a bigger role in responding to major disasters like Hurricane Katrina could lead to a loosening of legal limits on the use of federal troops on U.S. soil.

Pentagon officials are reviewing that possibility, and some in Congress agree it needs to be considered.

Bush did not define the wider role he envisions for the military. But in his speech to the nation from New Orleans on Thursday, he alluded to the unmatched ability of federal troops to provide supplies, equipment, communications, transportation and other assets the military lumps under the label of "logistics."

The president called the military "the institution of our government most capable of massive logistical operations on a moment's notice."

At question, however, is how far to push the military role, which by law may not include actions that can be defined as law enforcement _ stopping traffic, searching people, seizing property or making arrests. That prohibition is spelled out in the Posse Comitatus Act of enacted after the Civil War mainly to prevent federal troops from supervising elections in former Confederate states.

Speaking on the Senate floor Thursday, Sen. John Warner, R-Va., chairman of the Armed Services Committee, said, "I believe the time has come that we reflect on the Posse Comitatus Act." He advocated giving the president and the secretary of defense "correct standby authorities" to manage disasters.
breitbart.com