Part I - Authority and Jurisdiction Aspects of Terrorism Counteraction Issues

QUESTION:

IF THE FBI SPECIAL AGENT IN CHARGE (SAC) TAKES CHARGE, WHAT HAPPENS IF

THE DECISION IS MADE TO USE THE ARMED FORCES?

ANSWER:

AT THAT POINT, OPERATIONAL CONTROL IS TRANSFERRED TO THE MILITARY.

ONCE

THE ASSAULT PHASE ENDS, COMMAND AND CONTROL RETURNS TO THE SAC (FM 100-37,

CHAPTER 2).

QUESTION:

IF THE USE OF MILITARY FORCE HAS BEEN AUTHORIZED BY THE PRESIDENT,

UNDER WHAT AUTHORITY ARE THEY ACTING?

ANSWER:

10 USC SECTIONS 3331-4 AUTHORIZE THE COMMITMENT OF U.S. FORCES.

ALSO,

REMEMBER THE CONSTITUTIONAL AUTHORITY UNDER ARTICLE II.

CONCLUSION.

This subcourse has been about power.

What we have looked at is

YOUR power, and the authority which you may lawfully exercise. We have looked at

the various problems which confront our police, and the potential challenges to

their authority. Always remember that subordinates will look to you for guidance.

A basic understanding of these legal issues will enable you to provide it.

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