According to the Brennan Center,
There are no constitutional exceptions to the Posse Comitatus Act. The law allows only for express exceptions, and no part of the Constitution expressly empowers the president to use the military to execute the law. This conclusion is consistent with the law’s legislative history, which suggests that its drafters chose to include the language about constitutional exceptions as part of a face-saving compromise, not because they believed any existed.
This has not stopped the Department of Defense from claiming that constitutional exceptions to the law exist. The Department has long claimed that the Constitution implicitly gives military commanders “emergency authority” to unilaterally use federal troops “to quell large-scale, unexpected civil disturbances” when doing so is “necessary” and prior authorization by the president is impossible. In the past, the department also claimed an inherent constitutional power to use the military to protect federal property and functions when local governments could not or would not do so. The validity of these claimed authorities has never been tested in court.
The Department of Defense has no authority to override Congress. DoD Directive 5240.01 was spawned in the bowels of the DoD, likely with the encouragement of President Joe Biden and his evil band of Technocrats who are presently running the country and who have already weaponized everything in sight against Americas. ⁃ Patrick Wood, TN Editor.
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