It was disturbing to learn ... just how close the last administration came to violating laws barring the military from engaging in law enforcement when President George W. Bush considered sending troops into a Buffalo suburb in 2002 to arrest terrorism suspects. Unfortunately, this is not necessarily a problem of the past. More needs to be done to ensure that the military is not illegally deployed in this country. The Posse Comitatus Act of 1878 generally prohibits the military from law enforcement activities within the United States. The Lackawanna Six controversy is history, but there are troubling signs the military may be injecting itself today into law enforcement. The American Civil Liberties Union has been sounding the alarm about the proliferation of "fusion centers," in which federal, state and local law enforcement cooperate on anti-terrorism work. According to the A.C.L.U., the lines have blurred, and the centers have involved military personnel in domestic law enforcement. Congress should investigate. Civil libertarians are also raising questions about a program known as the Chemical, Biological, Radiological/Nuclear and High-Yield Explosives Consequence Management Response Force. The Army says its aim is to have active-duty troops ready to back up local law enforcement in catastrophic situations, like an attack with a nuclear weapon. That could be legal, but the workings of these units are murky. Again, Congress should ensure that the military is not moving into prohibited areas. After the lack of respect for posse comitatus at the highest ranks of the previous administration, the Obama White House and Congress must ensure that the lines between military and law enforcement have been restored, clearly, and that they are respected.
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