Laura Withers
84 Geo. Wash. L. Rev. 812
Since 1996, police departments around the country have been receiving, for free, military weaponry and resources through the Department of Defense 1033 Program. Although ostensibly designed to help fight the Wars on Drugs and Terror, police departments have instead consistently acquired and used these weapons for purposes at odds with Congress’s original intent. These uses represent a violation of the Constitution and the Posse Comitatus Act, which are both designed to keep the military away from local law enforcement and civilian protestors, in particular. This Note analyzes the historical, consti- tutional, and statutory issues with the 1033 Program, particularly in the con- text of civil protest. It then proposes a legislative solution to address these problems by bringing the Program into conformity with the Posse Comitatus Act. These solutions include that: (1) law enforcement only be permitted to use its military-sourced weapons for counter-drug and counter-weapons of mass destruction purposes; (2) law enforcement be required to seek Depart- ment of Defense permission before using these weapons against civilian protestors; and (3) local jurisdictions be required to pay for the weapons re- ceived through the 1033 Program. These solutions would help maintain the vital division between the military and law enforcement and provide much- needed protection for the constitutionally guaranteed right of the people to protest.
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