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?


Asked on 7/20/09, 9:40 am

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 7/20/09, 10:51 am
Edgardo Baez The Baez Law Firm, P.C.

Re: Posse Comitatus Act

Yes, and they usually do.

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Answered on 7/20/09, 5:55 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Posse Comitatus Act

I don't know why not, Posse Comitatus or not.

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Answered on 7/20/09, 9:42 am


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