Pentagon Studies Pre-Emptive Nuclear Strikes

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WITHOUT PREJUDICE
http://www.nytimes.com/2005/09/11/politics/11nukes.html.

According to Bill Cowan the law needs to be changed. If they abrogate posse comitatus would the prospect of nuclear weapons being used to quiet 'insurrection' in the several states become closer to being real? If there was no posse commitatus, could nuclear weapons [if they were available to the United States then] have been utilized against the southern states during the Civil War so as to 'quiet insurrection'?

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WITHOUT PREJUDICE
The original document was vanished from the Pentg*n/mil site. Tried to upload it (Zipped ~1.5MB) to no avail.