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Location: Somewhere in the Heart of Dixie

Redeemed Sinner. Deep Roots. Southern Heart.

Monday, March 23, 2009


An interesting situation has arisen in the aftermath of the shooting in Samson, Alabama.
A Federal law has been once again been violated.
The above picture, depicting Military Police from Fort Rucker, was taken the first night after the shooting.

A clause in the United States Code, the compilation of Federal law, known as the Constitution known as the "Posse Comitatus Act", states:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

prohibits most members of the federal uniformed services (today the Army, Air Force, and State National Guard forces when such are called into federal service) from exercising nominally state law enforcement, police, or peace officer powers that maintain "law and order" on non-federal property (states and their counties and municipal divisions) within the United States."
- from Wikipedia article

About a quarter of the way down this page you will find an interview with the provost marshall of Fort Rucker regarding this incident. (I do not guarantee it's authenticity, I would not be surprised if it was factual, but I was unable to find a reptable source on it.)

My opinion is that the officer just made a mistake in offering assistance when he did not have the jurisdiction to do that. The army has since launched an investigation of the incident, admitting that it was a "possible" violation of Federal law. It's clear that neither Alabama Governor Bob Riley nor President B. Hussein Obama gave permission for the MPs to go to Samson.

All this would have turned out differently if an armed individual had stopped the attacker, Michael McLendon.
I've read in several places that there were men who snatched up guns and rushed out to engage the killer, but he had already passed. Bruce Maloy, a native of the area, rammed McLendon's car at least once in an attempt to stop him. He was the last victim.

Too bad he apparently wasn't armed. This is the lesson of Mumbai,
Samson, Alabama and every other mass killing. The ONLY weapons that matter are the ones in the hands of the killers and the ones in the hands of the armed citizenry on the spot. The rifles, pistols and shotguns in the pickup lockbox, in the closet at home or locked up in the trunk are inconsequential. You must be prepared at an INSTANT'S notice to defend yourself, your family and your community. If by doing so you risk arrest by some 'roidal cop, so be it. If you don't, you'll have the rest of your life to regret your timidity and indecision -- whether that is two seconds or twenty years.

- Mike Vanderboegh

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Blogger Dr. Paleo Ph.D. said...

Good enough to be blogged. :-)

March 23, 2009 at 10:16 PM  
Blogger Stephen Boyd said...

Thanks for the comment and the cross post.

March 25, 2009 at 5:23 PM  

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