Not military justice, but . . .

Retired U.S. Navy Commander Mark Nevitt has this useful Just Security backgrounder on the Posse Comitatus Act and military disaster recovery operations in Puerto Rico. He writes:

While much of the legal discussion has focused on common-sense waivers for the 1920 Jones Act that would facilitate shipment of humanitarian assistance to Puerto Rico, one of the reasons given for the initial slow response was complications stemming from the Posse Comitatus Act (PCA), which limits the role that active military personnel can play in responding in U.S. territories. But what is a “posse comitatus,” and is this a legitimate concern for the military in responding to the crisis?

While the PCA does limit the regular Army and Air Force from taking an active role in civilian law enforcement, I have previously argued its practical application requires a much more nuanced understanding. As questions arise about the PCA’s applicability in Puerto Rico in light of the U.S. military response, I frame its applicability to the evolving crisis in Puerto Rico via four questions:

(1) What does the text of the Posse Comitatus Act say?

(2) Where does the Posse Comitatus Act apply?

(3) To whom does the Posse Comitatus Act apply?

(4) To what actions does the Posse Comitatus Act apply?