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CNN Live Sunday

Congressional Leader Says Posse Comitatus Laws Need to Change

Aired July 21, 2002 - 17:04   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: To homeland security now, a law written 124 years ago bars America's military from taking part in domestic policing. A congressional leader says it's an old law that needs to be changed. CNN's Patty Davis is in Washington with more on that. Hi there, Patty.

PATTY DAVIS, CNN CORRESPONDENT: Fredricka, that law was meant to cut back the role of the military inside the United States, after the Civil War and the reconstruction. The incoming head of the new Northern Command says it may be time for a change, especially after the events of September 11.

An example of what he and President Bush think is the problem, the National Guard troops you saw in airports after September 11 were called in by the state not by President Bush. The posse comitatus law barred the president from ordering those troops in for domestic policing.

Now an aide says President Bush is calling for a review of existing laws governing the use of the military and domestic circumstances. That's part of his national strategy for homeland security. But giving the military an expanded role in domestic law enforcement is proving controversial with members of Congress.

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SEN. DON NICKLES (R), OKLAHOMA: We're still under attack. There are still people actively planning to attack U.S. citizens and our interests and we need to do everything within our power maybe to the point of also giving our military some police powers for protection.

SEN. CARL LEVIN (D-MI), SELECT INTELLIGENCE CMTE: That law served us very well. It served us well for a long time. It's kept the military out of law enforcement, out of arresting people except in the most unusual emergency situations like a riot or after some kind of a disaster where they have to protect against looting. But that law, it seems to me, is a solid law and we should not assume that we're going to need to change it.

(END VIDEO CLIP)

DAVIS: Administration officials say there is no talk of giving the military power to arrest. Even the uniformed military have made it clear that it is not anxious to get drawn into law enforcement. Opponents say U.S. troops are trained to fight and kill, not investigate, prosecute, and arrest, like police do -- Fredricka.

WHITFIELD: Patty Davis, thank you very much.

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