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Council Member
John, while well aware of the legal precedents --
I believe I mentioned that we had used Federal Troops before (not least as Strike busters long after the Whiskey Rebellion - or the Civil War and its aftermath for that matter...) and stated we almost certainly would again -- I'm not sure that answers the problem.
Exceptions to any law are always possible and the JTF 6 use of ArNG SOF is not quite the same thing this proposal envisions.. I suspect most of us are also aware of the history and application of Posse Comitatus.
That said, I'm unsure how you can so categorically state that "these are the ground rules under which any discussion needs to take place." While they are fact, so to are facts that: Congress will have a say; Mr. and Mrs. America will have a say; DoD will have a say, OGA will have a say: JTF 6 will tell you it's a bad idea and, off the record, why and will remind you that placing armed Marines on the border did not go well (and Texas will tell you that they do not wish SF units employed in that role within the State); and more.
You say NorthCom should have a SOF organization * just like any other unified command. Does this mean that TransCom and Joint Force Command shoyld also have a SOF organization? ![Smile](images/smilies/smile.png)
I believe you'll find that the Title 32 capability is not all encompassing in the LE and LE Assist roles; some States are cool with it, even automatically deputizing State activated Guard personnel; others are less happy with the idea. Further, the merging of Title 10 and Title 32 functions can get politically rather hairy. don't think it'll be that easy to sort out.
That doesn't even get into the fact that SF has lost its way and probably shouldn't be helped to wander further; exempting1st Group, the others are all into direct action as opposed to IW. That is less due to national needs then to what SOCOM and the Groups want to do. I realize it's a lot more fun to kick in doors than it is to train Indigs and that it's easier to train door kickers than it is to train multi talented trainers but there is a question of role and mission diversion that may not be in the long term interest of the nation -- or of SF itself. Any way you cut it, normal direct action is not a SF mission.
* All the Unified Geographic Commands do have a SOF organization but it picks up operational elements only on order and generally for specific operations. Having a NorthCom Theater SOC to plan, coordinate and facilitate is a good thing, I totally agree. Having an assigned direct action capability is an entirely different thing and is IMO, a very bad idea.
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