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CNN Live Sunday

Should Posse Comitatus Laws Be Changed?

Aired July 21, 2002 - 18:01   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.
CAROL LIN, CNN ANCHOR: An old law is having a major impact on the issue of homeland security. It's called posse comitatus law. Basically, it bars U.S. troops from domestic policing. Some congressional leaders say it's a law that needs to be changed. CNN's Patty Davis has more on this story.

(BEGIN VIDEOTAPE)

PATTY DAVIS, CNN CORRESPONDENT (voice-over): Military air patrols over various U.S. cities since September 11, in order to head off more terrorist attack. Some, including the general slated to head the new Northern Command, say it's time to give the U.S. military more domestic powers. "We should always be reviewing things like posse comitatus and other laws if we think it ties our hands in protecting the American people," says General Ralph Eberhart.

The 124-year-old posse comitatus law bars the U.S. military from taking part in domestic policing. Some in Congress are calling for a change.

SEN. JOSEPH BIDEN (D), DELAWARE: There are changes relative to posse comitatus where we can bring in the people who really know what they're doing with weapons of mass destruction.

SEN. DON NICKLES (R), OKLAHOMA: There's 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.

DAVIS: But others prefer a more cautious approach.

UNIDENTIFIED MALE: That law seems to me is a solid law, and we should not assume that we're going to need to change it.

DAVIS: President Bush is calling for a review of existing laws governing the use of military in domestic circumstances as part of his national strategy for homeland security. Because of the posse comitatus prohibition, the president wasn't able to order National Guard troops into airports after September 11. States called up the troops instead.

But administration officials emphasize there is no talk of giving the military power to arrest. TOM RIDGE, HOMELAND SECURITY DIRECTOR: Generally, that goes against our instincts as a country to empower the military with the ability to arrest. But it may come up as a part of a discussion. It does not mean that it will ever be used, or that the discussion will conclude that it even should be used.

(END VIDEOTAPE)

DAVIS: Even the uniformed military has made it clear it is not anxious to get drawn into law enforcement. Opponents say U.S. troops are trained to fight wars and kill, not investigate, prosecute and arrest, like police officers, Carol.

LIN: Patty, are you also, though, hearing that there is a split in the military on this issue?

DAVIS: Well, it seems that there is. General Eberhart, the new head of the Northern Command, wants maximum flexibility in defending the U.S. He want that role -- the military role to be defined. If there is another terrorist attack, say a biological attack, a quarantine is needed. What role will the military play in it so they can hit the ground running?

But others in the military say, not so fast. Our troops are not trained as a police force, and there could also be political problems. And do the American people really want the military to assume that law enforcement role? -- Carol.

LIN: Good question. Thank you very much, Patty Davis, live on this.

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