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Ala. Sheriff Asked for MPs, Questions Army Investigation into Civilian Troop Use
CNS News ^ | March 19, 2009 | Pete Winn

Posted on 03/20/2009 8:33:35 AM PDT by bamahead

Geneva County (Ala.) Sheriff Greg Ward tells CNSNews.com that he was the one who called in U.S. Army troops from Fort Rucker, Ala., on the night of March 10 – during one of the bloodiest murder sprees in Alabama history.

“I got a message from my 911 dispatcher that said we had a call from a lieutenant colonel at Ft. Rucker just to let us know that Ft. Rucker was there if we needed generators, lights, equipment and stuff like that. I told the dispatcher that I would get back with them,” Ward told CNSNews.com in a telephone interview.

“You’ve got to understand, there was so much going on at one time – we had so many crime scenes over a 20-some odd mile stretch. It was determined that we might be going way into the night on some of these crimes scenes – and when I say crime scenes, I mean people still laying on porches, or the side of the road or whatever, dead.”

Former Samson, Ala., resident Michael McLendon shot and killed nine people in Samson and a 10th victim in a nearby community before killing himself on March 10. Ward thinks the Army investigation is unnecessary, but he’s prepared to cooperate with the Army.

“I’m here to answer any of their questions,” Ward said. “I reckon that the military needs to do what it needs to do to get all its facts in order.”

But Ward dismissed the idea that the presence of the troops may have violated federal law – and will tell the Army, if asked.

(Excerpt) Read more at cnsnews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Alabama
KEYWORDS: alabama; amry; lping; nationalguard; possecomitatus; probe

1 posted on 03/20/2009 8:33:35 AM PDT by bamahead
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To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...
(Sherrif) Ward dismissed the idea that the presence of the troops may have violated federal law ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
2 posted on 03/20/2009 8:34:18 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Ultra Sonic 007

ping...


3 posted on 03/20/2009 8:34:42 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: bamahead
But Ward dismissed the idea that the presence of the troops may have violated federal law – and will tell the Army, if asked.

This idiot has no idea about the concept of Possee Comitatus, and that for federal troops to be activated for what he asked for requires a formal request to the President by the governor, with concurrence from the Secretary of Defense and Attorney General.

This moron is not going to be telling the Army anything. In fact, the unit's commander and immediate subordinates are now the one's that have to answer for agreeing to his request without regard to the law or the formal legal requirements for sending their troops into the town.

4 posted on 03/20/2009 8:43:05 AM PDT by Virginia Ridgerunner (Sarah Palin is a smart missile aimed at the heart of the left!)
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To: bamahead
A clear violation of Posse Comitatus.

Did somebody say its about to be suspended soon anyway?

5 posted on 03/20/2009 8:44:45 AM PDT by oyez (People! You're being pimped!)
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To: bamahead
We have a sheriff and a lt. colonel who don't know their U.S. Constitution. Nothing to see here. It's no big deal. Besides, that part's not all that important anyway. In fact, it really clutters such an vibrant, living document. We should just remove it so we can focus on the more important parts.

oh yeah, </sarc>

6 posted on 03/20/2009 8:46:28 AM PDT by FourPeas (I am the pink flamingo on the great lawn of life.)
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To: 1-Eagle; 131st Scout; 2CAVTrooper; 65superhawk; 6Covs; A.P.M.; adkinsjohnnie; Alabama Mutt; ...

FREE REPUBLIC @ ALABAMA

Keeping the people of Alabama informed!

FReepmail Ultra Sonic 007 to get on or off this ping list.

Further update on the Army soldiers in Samson...

7 posted on 03/20/2009 8:51:25 AM PDT by Ultra Sonic 007 (To view the FR@Alabama ping list, click on my profile!)
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To: Virginia Ridgerunner

The Ft. Rucker, AL, Colonel who allegedly offered the assistance is either brain dead, a demrat or some combination of the two. Perhaps this very bright Colonel was not aware that the AL governor has the National Guard at his disposal. I can assure you they have plenty of lights and generators.

As for the sheriff not understanding his chain of command runs from his town/county to the AL governor—I just don’t know what to say. I’m not sure where in AL these murders occured, but local officials affected by recent hurricanes sure as heck knew how to go about requesting disaster assistance—and it wasn’t straight to the Federal Government.

It will be interesting to see what the Pentagon does with this bozo Colonel—assuming what the sheriff says is true.


8 posted on 03/20/2009 8:53:35 AM PDT by dools007
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To: bamahead
I have relatives in that area.

Fort Rucker and the citizens of that area have very good relations, the people there are proud to have that base there.

9 posted on 03/20/2009 8:54:48 AM PDT by blam
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To: bamahead

What is curious to me is that the article states that it was the Army that initiated the contact with an offer of help if needed, and not the Sheriff.


10 posted on 03/20/2009 8:58:09 AM PDT by Pablo64 (Political Correctness is a DISEASE. <==> TRUTH is the CURE.)
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To: bamahead
IIRC a Sheriff has the power to deputize anyone should it be necessary (a police chief can not). So legally the sheriff could have called up Ft Rucker, asked for volunteers to help, sworn them in on the spot, and put them to work in whatever capacity he liked.

Given that he was dealing with a department with 13 deputies (not all of whom will be on duty simultaneously; they work in shifts) and nine high-profile crime scenes, I'm not surprised he accepted whatever help was offered.

11 posted on 03/20/2009 9:05:15 AM PDT by gieriscm (07 FFL / 02 SOT - www.extremefirepower.com)
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To: gieriscm

As long as it remained the civillian police in charge of the operation I don’t care if the deputized the town drunk, the mps, etc.

John Wayne would not have sat idly by as Sheriff he’d have grabbed hisself a possee and fast.


12 posted on 03/20/2009 9:37:02 AM PDT by lucias_clay (Its times like this I'm glad I'm a whig.)
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To: FourPeas
We have a sheriff and a lt. colonel who don't know their U.S. Constitution.

Please cite the article and section of the United States Constitution in which the words "Posse Comitatus" appear.

13 posted on 03/20/2009 9:40:15 AM PDT by freedomwarrior998
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To: freedomwarrior998
Glenn Beck has been investigating this and can't get any answers... http://www.liveleak.com/view?i=42b_1237421314
14 posted on 03/20/2009 9:45:34 AM PDT by WaveMan
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To: bamahead
“But Ward dismissed the idea that the presence of the troops may have violated federal law – and will tell the Army, if asked.”

“. . . may have violated federal law?”

Get a clue a$$ hole, you want to prosecute me on the battle field here in Afghanistan if I shoot at an “unarmed” terrorist, oops, insurgent, yet a civilian sheriff in a small town can call in Federal troops whenever he or she believes they need assistance? What next, another WACO type mass murder because they believe the guy thinks he is “Jesus?”

Give me a break!@

15 posted on 03/20/2009 9:47:29 AM PDT by paratrooper82 (We are kicking Ass in Afghanistan, soon we will be home to kick some more Asses)
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To: freedomwarrior998; All
Please cite the article and section of the United States Constitution in which the words "Posse Comitatus" appear.

I think you and most others know what he meant, that although it is actually an Act most think it part of the Constitution (I think it is, although not specifically spelled out).

The founders did not like government and wrote in many ways the limitations on the government/military when it comes to the rights of The People.

"Posse Comitatus" has been weakened over the years by multiple administrations, but Federal troops are for external threats, the National Guard are for internal matters, that is the way it has always been and that is the way it should be... IMHO

16 posted on 03/20/2009 11:43:16 AM PDT by AvOrdVet ("Put the wagons in a circle for all the good it'll do")
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To: gieriscm

Then the Sherrif would also have to arrange to pay, feed and house them. They’d have to bring their own clothes or have them paid for by the county. And they could not be under any active Army command authority and would likely have to do it as leave.

But, that didn’t seem to stop anyone at WACO.....


17 posted on 03/20/2009 1:39:57 PM PDT by BFM (CLINTON is and always will be a rapist. Never forget!)
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To: bamahead

...it had to be an Alabama crime and an ignorant Alabama lawman.

We never get a break.


18 posted on 03/20/2009 7:13:16 PM PDT by Gordon Greene (www.fracturedrepublic.com - It is possible to be so open minded that your brains leak out.)
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To: gieriscm
"Given that he was dealing with a department with 13 deputies (not all of whom will be on duty simultaneously; they work in shifts) and nine high-profile crime scenes, I'm not surprised he accepted whatever help was offered."

There are no municipal police departments in the sheriff's county?

19 posted on 03/20/2009 7:16:10 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: AvOrdVet

Posse Comitatus is statute law, not a part of the constituion. The Act was triggered by the use of Federal troops to enforce Civil Law and to protect the civil rights of newly freed slaves during Reconstruction. Before the Act, it was not uncommon to use Federal troops to enforce civil law.

The Act specifically names only units of the Army and Air Force. The Navy is governed by POTUS executive order and naval regulations. The USCG is a part of the Treasury Dept normally and of course it senforce maritime and customs law, along with drug interdiction.


20 posted on 03/20/2009 8:21:07 PM PDT by DMZFrank
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To: DMZFrank
Posse Comitatus is statute law, not a part of the constituion.

I am aware of the origins, I was pointing out that a lot of people think it is in the constitution, and in any case I believe it is... in that the U.S. Military are Federal Troops,and the founders believed in very limited federal government powers. That is why the States have their own "Armies" (National Guard and/or State militias), its the 'ole States Rights thing.

21 posted on 03/21/2009 7:06:10 AM PDT by AvOrdVet ("Put the wagons in a circle for all the good it'll do")
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To: Virginia Ridgerunner

Go look up Title 10 USC, Chapter 18.

At NO TIME did the troops assume day to day law enforcement operations.


22 posted on 03/22/2009 11:13:11 PM PDT by 2CAVTrooper (Today we've discovered a force more powerful than luck or genius----stupidity.)
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To: 2CAVTrooper

I know that, BUT to bring them into the town at all in a support capacity requires much higher authority than the town sheriff.


23 posted on 03/23/2009 2:22:33 AM PDT by Virginia Ridgerunner (Sarah Palin is a smart missile aimed at the heart of the left!)
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To: Virginia Ridgerunner

It depends on how the mutual aid agreement was written.


24 posted on 03/23/2009 11:40:26 AM PDT by 2CAVTrooper (Today we've discovered a force more powerful than luck or genius----stupidity.)
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