Skip to content

A-14 — Federal Law-Enforcement and Military Use Inside the United States

Generalized Institutional Concern

The president retains broad and partially ambiguous authority to deploy federal law-enforcement personnel, the National Guard, or military resources domestically while legal limits and legislative controls may be too weak during political conflict.

Active Issues

Prior Issue Numbers

These numbers were assigned during preliminary review but did not become separate proposals. They are listed only to explain gaps in the sequence.

  • DOM-002, DOM-003, DOM-004, DOM-006, DOM-008 — Merged into DOM-001 as Posse Comitatus, Guard-federalization, protest or election deployment, federal-property, and expedited-review components of one domestic-deployment framework.
  • FED-005 — Integrated into DOM-001 as the federalism application involving deployment over state objection.

Issue Boundaries

  • DOM-005 owns confidential officer identification, preservation of existing evidence, and secure State investigative access following a covered Federal critical incident. It does not create a recording mandate, public-disclosure right, prosecution authority, or immunity rule. It is agency-neutral and applies beyond immigration enforcement. FED-004 is a secondary federalism cross-reference when exclusive Federal control of evidence displaces a State investigative function; DOM-001 supplies the expedited-review framework; DOJ-007 remains limited to presidential and senior executive conflict.
  • RIGHTS-005 owns personal civil and criminal accountability for law-enforcement constitutional violations. DOM-005 supplies evidence preservation and authorized State investigative access but does not determine liability, authorize prosecution, or alter immunity.
  • DOM-009 owns Federal law-enforcement surveillance procurement and deployment. DOM-005 owns preservation and investigative access when Federal recording or surveillance systems contain evidence of a covered use-of-force incident.
  • DOM-001 owns Insurrection Act, Posse Comitatus, National Guard federalization, protest and election deployment, asserted federal-property authority, findings, duration, termination, and expedited judicial review. FED-004 retains the general anti-commandeering and state-function-displacement framework.

Notes

DOM-001 is in development after consolidation. DOM-005, DOM-007, and DOM-009 remain distinct because they address investigative evidence, domestic intelligence, and surveillance procurement rather than deployment authority. Full source development and an initial DOM-001 vehicle are pending.