Regardless of the FBI being in charge, the Posse Comitatus Act (18 U.S.C. § 1385), was still violated since a military aircraft and a military weapon were used against a civilian target. Additionally, under 10 U.S.C. § 375, military equipment cannot be used in a situation like this. The drone and the weapon were military equipment.
This error could have been avoided by utilizing the state national guard in a law enforcement capacity under state control, presuming the drone and bomb were property of the Maryland National Guard.
This error could have been avoided by utilizing the state national guard in a law enforcement capacity under state control, presuming the drone and bomb were property of the Maryland National Guard.
The 'bunker buster' mentioned is the GBU-28 which weighs in at almost 5000lbs. This effectively makes it almost twice the weight of the MQ-1 Predator drone (the armed version of the Predator).
During the episode the Possee Comitatus Act is repeatedly mentioned as to why the US military cannot be used in either a law enforcement capacity or against American citizens yet:
- when Emily suggests using a drone strike on the bunker the senior FBI agent in the room, who is actually the FBI director, makes no mention of this well known law.
- although the Act is still in force amendments have been made which do allow the military to be used in certain capacities including terrorism including the National Defense Authorization Act.
When Lloyd is traced to the Superfund site, notable character errors take place:
1) The agents do not utilize their superior numbers to attempt to apprehend Lloyd, only the two agents do so. This error is repeated when the escape hatch location is traced.
2) Lloyd as an experienced gun handler made significant errors twice- first he failed to make proper use of the element of surprise- he could have easily killed the two agents upon their arrival, and second while fleeing he failed to make use of the several opportunities for cover from which he could have easily taken out the female FBI agent chasing him.
1) The agents do not utilize their superior numbers to attempt to apprehend Lloyd, only the two agents do so. This error is repeated when the escape hatch location is traced.
2) Lloyd as an experienced gun handler made significant errors twice- first he failed to make proper use of the element of surprise- he could have easily killed the two agents upon their arrival, and second while fleeing he failed to make use of the several opportunities for cover from which he could have easily taken out the female FBI agent chasing him.