Legal Question in Constitutional Law in District of Columbia
Posse Comitatus Act
The posse comitatus act preclude the Army from execute the laws, does this include U. S. Army from send a Army Attorney to represent them in federal court involving a civil matter. Basically, if somebody sue the U. S. Army in federeal court could the U. S. Army send an active duty Army Attorney to represent them in federal court?
3 Answers from Attorneys
Re: Posse Comitatus Act
Furthermore, if the United States Army wanted to summon a posse of active duty JAG officers to represent it in a civilian matter in federal court, I see nothing in 18 USC 1385 (Posse Comitatus codified) which would prohibit it from doing so in such a situation.
Re: Posse Comitatus Act
Yes, and they usually do.
Re: Posse Comitatus Act
I don't know why not, Posse Comitatus or not.
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