Adam Schiff's "Don't Tell Can't Ask" Amendment

amgreatness  |  Rep. Adam Schiff tucked an amendment into the National Defense Authorization Act that would prohibit any evidence collected in violation of the Posse Comitatus Act from being used in investigations. Why?

But if the military engaged in any civilian law enforcement activity, including surveillance or intelligence collection, before or during January 6, it would represent an egregious violation of the military’s code of conduct and federal law. Under the Posse Comitatus Act, military personnel cannot be used as local cops or investigators: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space 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.” (Certain exclusions, such as the president’s invocation of the Insurrection Act and any use of the National Guard, apply.)

The law is both vague and specific at the same time—which brings us to Representative Adam Schiff (D-Calif.). Irrefutably the least trustworthy member of Congress, Schiff tucked an amendment into the massive National Defense Authorization Act that would prohibit any evidence collected in violation of the Posse Comitatus Act from being used in a number of proceedings, including criminal trials and congressional investigations.

The amendment’s timing, like everything else related to the infamous Russian collusion huckster, evidence forger, and nude photo seeker (to name a few of Schiff’s special talents), is highly suspect. Why would Schiff need to outlaw evidence collected unlawfully? Why is Schiff relying on this relatively arcane statute passed during Reconstruction that is rarely, if ever, enforced? 

“No one has ever been convicted of violating PCA to my knowledge,” Dr. Jeffrey Addicott, a 20-year member of the Judge Advocate General’s Corps and director of the Warrior Defense Project at St. Mary’s College, told American Greatness last week.

What is Adam Schiff, on behalf of the Biden regime and Trump foes in the U.S. military, including Chairman of the Joint Chiefs of Staff Mark Milley, trying to hide?

It is not a coincidence that Schiff introduced the amendment just a few months before a predicted Republican landslide in November, which will give control of Congress back to the GOP. House Minority Leader and presumptive Speaker of the House Kevin McCarthy is planning to conduct multiple investigations into the Biden regime next year including of the deadly and distrasrous withdrawal from Afghanistan; the Daily Caller reported this week that Republican lawmakers are “flooding the Biden administration with ‘hundreds of preservation notices’ asking that relevant documents be preserved.”

But one can easily see how Schiff’s amendment could be used as legislative cover to prevent production of any materials from Biden’s Department of Defense. After all, according to a 2018 congressional analysis of Posse Comitatus, “compliance [of the act] is ordinarily the result of military self-restraint.” So, too, is enforcement: “The act is a criminal statute under which there has been but a handful of known prosecutions,” the same report explained.