2022: Schweikert Voted Against An Amendment That Would Have Prohibited The Use Of Evidence Obtained By An Armed Forces Member In Violation Of The Posse Comitatus Act In A Court Or Legal Proceeding. In July 2022, according to Congressional Quarterly, Schweikert voted against an amendment to the National Defense Authorization Act for Fiscal Year 2023, which would "prohibit the use of evidence obtained by or with the assistance of a member of the armed forces in violation of the Posse Comitatus Act in a court or other legal proceeding." The vote was on the adoption of an amendment. The House adopted the amendment by a vote 215-213. [House Vote 342, 7/14/22; Congressional Quarterly, 7/14/22; Congressional Actions, H.Amdt. 280; Congressional Actions, H.R. 7900]
- The Posse Comitatus Act Prohibits Military Members From Participating In Civilian Law Enforcement Without Proper Authorization. According to Brennan Center for Justice at NYU Law, "The Posse Comitatus Act consists of just one sentence: 'Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air 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.' In practice, this means that members of the military who are subject to the law may not participate in civilian law enforcement unless doing so is expressly authorized by a statute or the Constitution." [Brennan Center For Justice At NYU Law, 10/14/21]