Regardless of whether or not the election was stolen, the ongoing use of troops to guard the capital is a direct violation of 18 U.S. Code § 1385 – Use of Army and Air Force as posse comitatus: “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.”
The Constitution certainly doesn’t authorize the use of federalized troops to guard the Capitol.
The “no standing armies” clause doesn’t actually say that. Rather, it says, “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; … To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.” – Article. I. Section. 8. of the Constitution for the United States of America. Our Constitution also says, “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.”
Here’s the kicker, found just beneath the “raise and support Armies” clause in Article. I. Section. 8.:
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Put simply, the Militia is comprised of able-bodied persons throughout these United States. States appoint their officers. Congress organizes and arms them, but the States train then according to the discipline (rules) as prescribed by Congress.
They CAN be nationalized to suppress insurrections and repel invasions, but the only invasion in existence right now is the immigration invasion occurring at our southern border. As for insurrections, there are no insurrections, and the January 6, 2021 incursion of the Capitol Building as an incursion, not an insurrection, at least according to how “insurrection” is defined in Federal Law:
They CANNOT be used to guard against an insurrection that may or may not occur in the future, particularly one based upon irrational fears Pelosi might have of being deposed in response to her multiple heinous violations of Constitutional and Federal law. Such an abuse is punishable under the Posse Comitatus Act.
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. The Act was passed as an amendment to an army appropriation bill following the end of Reconstruction and was updated in 1956 and 1981.
The Act specifically applies only to the United States Army and, as amended in 1956, the United States Air Force. Although the Act does not explicitly mention the United States Navy or the United States Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the Act force with respect to those services as well. As the Space Force falls under the Air Force in much the same way as the Marine Corps falls under the Navy, I assume similar restrictions were issued by the Department of the Air Force.
Another Kicker: The Act does not prevent the Army National Guard or the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state’s governor.
The Act DOES, however, prevent the National Guard from acting in a law enforcement capacity in our Nation’s Capitol, and standing guard is enforcing the law i.e. an ILLEGAL use of the National Guard absent an insurrection or invasion IN PROGRESS.
As a number of members of Congress as well as president Biden have indeed “willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws” they “shall be fined under this title or imprisoned not more than two years, or both.”
Shall is not an option. It’s an absolute imperative. It MUST be done. Biden, Pelosi and Congressional Democrats are, right now, committing high crimes and misdemeanors. They SHALL be find or imprisoned in accordance with the LAW.