Some of you have written me taking me to task for not being suspicious enough of the
Government. I would rather think I am just cautious, trying to get the facts before making a
decision. However, the National Defense Authorization Act (NDAA) concerns me as it does
authorize a warrantless, indefinite detention of Americans by the Military.
This article, titled: Supreme Court Just Approved Indefinite Detention Of Innocent Americans - The defense of liberty has come down to States, County Sheriffs, and We The People, is from Western Journalism.com and begs to be read. Giving the military police powers, and the powers outside the Constitution are very troubling.
America’s founders, largely distrustful of centralized power, created several checks and
balances into the U.S. Constitution to help ensure that one person, or one group of people,
would not be able to unilaterally exert his or their will over the American citizenry. First,
the federal government itself was divided into three separate and distinct branches–each
holding the capability (and responsibility) to check the power of the other. Second, the Bill
of Rights was made part of the Constitution for the protection of individual liberties.
Third, the “free and independent states” of the nation retained their sovereignty and
independence after the central government was created (by the states), with the Tenth
Amendment specifically recognizing their authority and jurisdiction over matters not directly
delegated to the federal government.
It was also assumed that the freedom of the press and the freedom of religion would help the
citizenry be sufficiently informed and inspired to keep the would-be despots at bay. And, of
course, “We the People” are recognized as being the ultimate guardians of liberty by the
recognition that “to secure these rights, Governments are instituted among Men, deriving
their just powers from the consent of the governed.” (Declaration) The “consent of the
governed” was given teeth by the constitutional recognition of the people’s right to wield
the power of the voting booth, the jury box, and, as a last resort, the cartridge
box.
What has become increasingly obvious to a large segment of the American populace is the
complete unwillingness of the national media to hold the federal government accountable.
Neither do America’s pulpits provide the moral leadership necessary to maintain good
government. The freedom of the press and religion accomplish precious little today in the
safeguarding of liberty. And it is also absolutely clear that the three branches of
government in Washington, D.C. adamantly refuse to use the constitutional obligations placed
upon them to hold the federal government in check.
The latter was made crystal clear by a recent decision by the Supreme Court of the United
States. Here is the report:
“A decision by the U.S. Supreme Court means the federal government now has an open door to
‘detain as a threat to national security anyone viewed as a troublemaker,’ according to
critics.
“The high court this week refused to review an appeals court decision that said the president
and U.S. military can arrest and indefinitely detain individuals.
“The firm of William J. Olson, P.C., which filed a friend-of-the court brief asking the court
to step in, noted that not a single justice dissented from the denial of the request for
review.
‘The court ducked, having no appetite to confront both political parties in order to protect
the citizens from military detention,’ the legal team said in a statement to WND. ‘The
government has won, creating a tragic moment for the people–and what will someday be viewed
as an embarrassment for the court.’”
The report continues: “The controversial provision authorizes the military, under
presidential authority, to arrest, kidnap, detain without trial and hold indefinitely
American citizens thought to ‘represent an enduring security threat to the United States.’
“Journalist Chris Hedges was among the plaintiffs charging the law could be used to target
journalists who report on terror-related issues.
“A friend-of-the-court brief submitted in the case stated: ‘The central question now before
this court is whether the federal judiciary will stand idly by while Congress and the
president establish the legal framework for the establishment of a police state and the
subjugation of the American citizenry through the threat of indefinite military arrest and
detention, without the right to counsel, the right to confront one’s accusers, or the right
to trial.’
“The brief was submitted to the Supreme Court by attorneys with the U.S. Justice Foundation
of Ramona, California; Friedman Harfenist Kraut & Perlstein of Lake Success, New York; and
William J. Olson, P.C. of Vienna, Virginia.”
Amici Curiae of the brief included U.S. Congressman Steve Stockman, Virginia Delegate Bob
Marshall, Virginia Senator Dick Black, Gun Owners of America, the Downsize DC Foundation, the
Western Center for Journalism, The Lincoln Institute for Research and Education, the Tenth
Amendment Center, the Policy Analysis Center, the Constitution Party National Committee,
Professor Jerome Aumente, and yours truly, among others.
The WND report goes on to say: “The 2012 NDAA was fast-tracked through the U.S. Senate, with
no time for discussion or amendments, while most Americans were distracted by the scandal
surrounding A&E’s troubles with ‘Duck Dynasty’ star Phil Robertson.
“Eighty-five of 100 senators voted in favor of the new version of the NDAA, which had already
been quietly passed by the House of Representatives. [Disgustingly, Montana's only U.S. House
member, Republican Steve Daines, who purports himself to be a staunch conservative, voted for
the indefinite detention provision of the NDAA, as did Montana's two Democrat Senators Max
Baucus and Jon Tester. How did your congressman and senators vote? In my opinion, this is a
monumentally-important vote; and a vote granting this unconstitutional power to the military
and federal police agencies is inexcusable and demonstrates how both Democrats and
Republicans will unite together to dismantle the constitutional protections of the American
people in the name of "national security."]
“Hedges, a Pulitzer Prize-winning journalist, and others filed a lawsuit in 2012 against the
Obama administration to challenge the legality of an earlier version of the NDAA.
“It is Section 1021 of the 2012 NDAA, and its successors, that drew a lawsuit by Hedges,
Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alex O’Brien, Kai Warg All, Brigitta Jonsottir
and the group U.S. Day of Rage. Many of the plaintiffs are authors or reporters who stated
that the threat of indefinite detention by the U.S. military already had altered their
activities.
“‘It’s clearly unconstitutional,’ Hedges said of the bill. ‘It is a huge and egregious
assault against our democracy. It overturns over 200 years of law, which has kept the
military out of domestic policing.’
“Hedges is a former foreign correspondent for the New York Times and was part of a team of
reporters awarded a Pulitzer Prize in 2002 for the paper’s coverage of global terrorism.”
Remember that it was Republican President George W. Bush and a Republican U.S. House and
Senate that shackled the American people with the USA Patriot Act and the Department of
Homeland Security–along with the rest of the gargantuan police state apparatus under which
the people of the United States are now being forced to live. And it is Democrat President
Barack Obama and a Democrat U.S. Senate–along with a Republican U.S. House–that continues to
expand the reach of this police state. One thing that both Republicans and Democrats and
conservatives and liberals agree on is the construction and implementation of a police state.
Under the rubric of “national security” or “law and order,” the Bill of Rights is being
systematically and deliberately expunged by both sides of the political aisle.
And now we know the judicial branch of government in Washington, D.C. also refuses to hold
the executive and legislative branches of government in check–as if we needed more evidence.
Both Republican-appointed and Democrat-appointed justices refused to say a word condemning
this draconian abuse of power within the NDAA. By so doing, the Supreme Court showed itself
unwilling to stand in between the liberties of the American people and an ever-burgeoning
police state.
In fact, when it comes to holding the government in DC in check, when does the Supreme Court
ever intervene? Hardly ever! If it is a dispute between the states and the federal
government, or between individuals and the federal government, SCOTUS almost always rules in
favor of DC.
Once in a while, one or the other branch of government (including the judicial branch) in DC
will be willing to protect constitutional liberties from another branch of government in DC;
but such instances are the exception, not the rule.
And since the liberties of the American people have few friends in the national media or in
the country’s pulpits, the protection of our freedoms has quickly come down to the states,
the local media (yes, some local media is still friendly to freedom), county sheriffs, and
the people ourselves.
Currently, there is a huge momentum building among State legislatures to begin pushing back
against the overreach of Washington, D.C. For example, the State of Texas is squaring off
against the BLM over tens of thousands of acres along the Red River border of Texas and
Oklahoma; and the State of Utah has already passed legislation claiming more than 30 million
acres currently controlled by the federal government. Here is an excerpt from a Breitbart.com
report:
“Utah Governor Gary Herbert (R), earlier this year, signed the Transfer of Public Lands Act.
This new state law calls upon the federal government to turn over control of more than 30
million acres to the State.”
Plus, more and more county sheriffs are beginning to stand against federal encroachments.
And, of course, just recently, it was “We the People” standing against a brutish,
totalitarian-style federal assault against the Bundy family in Bunkerville, Nevada. And among
the brave souls at Bunkerville were State and local officials and even county sheriffs. And I
was there, too.
As the three branches of government in Washington, D.C. become less and less accountable to
the checks and balances assigned them by the Constitution, it is going to require that the
states, county sheriffs, and people ourselves become more and more engaged in pushing back
against federal overreach and abuse of power.
Showing posts with label NDAA. Show all posts
Showing posts with label NDAA. Show all posts
Sunday, May 11, 2014
Tuesday, May 28, 2013
Just How Likely is Martial Law?
How likely is Martial Law? Ten fold more likely than it was at the beginning of the century, that's how likely. Thanks to Long Island Press and Steve for forwarding this to us.
The manhunt for the Boston Marathon bombing suspects offered the nation a window into the stunning military-style capabilities of our local law enforcement agencies. For the past 30 years, police departments throughout the United States have benefitted from the government’s largesse in the form of military weaponry and training, incentives offered in the ongoing “War on Drugs.” For the average citizen watching events such as the intense pursuit of the Tsarnaev brothers on television, it would be difficult to discern between fully outfitted police SWAT teams and the military.
UrbanMan's Note: Didn't we see US Army HMMWV's with Military Police logos patrolling the Boston streets during the lock down? Likely they were from Fort Devens. I wonder what their authority was?
The lines blurred even further Monday as a new dynamic was introduced to the militarization of domestic law enforcement. By making a few subtle changes to a regulation in the U.S. Code titled “Defense Support of Civilian Law Enforcement Agencies” the military has quietly granted itself the ability to police the streets without obtaining prior local or state consent, upending a precedent that has been in place for more than two centuries.
The most objectionable aspect of the regulatory change is the inclusion of vague language that permits military intervention in the event of “civil disturbances.” According to the rule: Federal military commanders have the authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances.
Bruce Afran, a civil liberties attorney and constitutional law professor at Rutgers University, calls the rule, “a wanton power grab by the military,” and says, “It’s quite shocking actually because it violates the long-standing presumption that the military is under civilian control.”
A defense official who declined to be named takes a different view of the rule, claiming, “The authorization has been around over 100 years; it’s not a new authority. It’s been there but it hasn’t been exercised. This is a carryover of domestic policy.” Moreover, he insists the Pentagon doesn’t “want to get involved in civilian law enforcement. It’s one of those red lines that the military hasn’t signed up for.” Nevertheless, he says, “every person in the military swears an oath of allegiance to the Constitution of the United States to defend that Constitution against all enemies foreign and domestic.”
One of the more disturbing aspects of the new procedures that govern military command on the ground in the event of a civil disturbance relates to authority. Not only does it fail to define what circumstances would be so severe that the president’s authorization is “impossible,” it grants full presidential authority to “Federal military commanders.” According to the defense official, a commander is defined as follows: “Somebody who’s in the position of command, has the title commander. And most of the time they are centrally selected by a board, they’ve gone through additional schooling to exercise command authority.”
As it is written, this “commander” has the same power to authorize military force as the president in the event the president is somehow unable to access a telephone. (The rule doesn’t address the statutory chain of authority that already exists in the event a sitting president is unavailable.) In doing so, this commander must exercise judgment in determining what constitutes, “wanton destruction of property,” “adequate protection for Federal property,” “domestic violence,” or “conspiracy that hinders the execution of State or Federal law,” as these are the circumstances that might be considered an “emergency.”
UrbanMan's Note: The title "commander", in my opinion would mean a Company Commander at the lowest level. That means a Captain, likely in is mid's 20's having the unilateral power to execute military operations in a civilian environment. This is very concerning.
“These phrases don’t have any legal meaning,” says Afran. “It’s no different than the emergency powers clause in the Weimar constitution [of the German Reich]. It’s a grant of emergency power to the military to rule over parts of the country at their own discretion.”
Afran also expresses apprehension over the government’s authority “to engage temporarily in activities necessary to quell large-scale disturbances.”
“Governments never like to give up power when they get it,” says Afran. “They still think after twelve years they can get intelligence out of people in Guantanamo. Temporary is in the eye of the beholder. That’s why in statutes we have definitions. All of these statutes have one thing in common and that is that they have no definitions. How long is temporary? There’s none here. The definitions are absurdly broad.”
The U.S. military is prohibited from intervening in domestic affairs except where provided under Article IV of the Constitution in cases of domestic violence that threaten the government of a state or the application of federal law. This provision was further clarified both by the Insurrection Act of 1807 and a post-Reconstruction law known as the Posse Comitatus Act of 1878 (PCA). The Insurrection Act specifies the circumstances under which the president may convene the armed forces to suppress an insurrection against any state or the federal government. Furthermore, where an individual state is concerned, consent of the governor must be obtained prior to the deployment of troops. The PCA—passed in response to federal troops that enforced local laws and oversaw elections during Reconstruction—made unauthorized employment of federal troops a punishable offense, thereby giving teeth to the Insurrection Act.
Together, these laws limit executive authority over domestic military action. Yet Monday’s official regulatory changes issued unilaterally by the Department of Defense is a game-changer. The stated purpose of the updated rule is “support in Accordance With the Posse Comitatus Act,” but in reality it undermines the Insurrection Act and PCA in significant and alarming ways. The most substantial change is the notion of “civil disturbance” as one of the few “domestic emergencies” that would allow for the deployment of military assets on American soil.
To wit, the relatively few instances that federal troops have been deployed for domestic support have produced a wide range of results. Situations have included responding to natural disasters and protecting demonstrators during the Civil Rights era to, disastrously, the Kent State student massacre and the 1973 occupation of Wounded Knee.
Michael German, senior policy counsel to the American Civil Liberties Union (ACLU), noted in a 2009 Daily Kos article that, “there is no doubt that the military is very good at many things. But recent history shows that restraint in their new-found domestic role is not one of them.”
At the time German was referring to the military’s expanded surveillance techniques and hostile interventions related to border control and the War on Drugs. And in fact, many have argued that these actions have already upended the PCA in a significant way. Even before this most recent rule change, the ACLU was vocal in its opposition to the Department of Defense (DoD) request to expand domestic military authority “in the event of chemical, biological, radiological, nuclear, or high yield explosive (CBRNE) incidents.” The ACLU’s position is that civilian agencies are more than equipped to handle such emergencies since 9/11. (ACLU spokespersons in Washington D.C. declined, however, to be interviewed for this story.)
But while outcomes of military interventions have varied, the protocol by which the president works cooperatively with state governments has remained the same. The president is only allowed to deploy troops to a state upon request of its governor. Even then, the military—specifically the National Guard—is there to provide support for local law enforcement and is prohibited from engaging in any activities that are outside of this scope, such as the power to arrest.
Eric Freedman, a constitutional law professor from Hofstra University, also calls the ruling “an unauthorized power grab.” According to Freedman, “The Department of Defense does not have the authority to grant itself by regulation any more authority than Congress has granted it by statute.” Yet that’s precisely what it did. This wasn’t, however, the Pentagon’s first attempt to expand its authority domestically in the last decade.
Déjà vu
During the Bush Administration, Congress passed the 2007 Defense Authorization Bill that included language similar in scope to the current regulatory change. It specifically amended the Insurrection Act to expand the president’s ability to deploy troops domestically under certain conditions including health epidemics, natural disasters and terrorist activities, though it stopped short of including civil disturbances. But the following year this language was repealed under the National Defense Authorization Act of 2008 via a bill authored by Vermont Senator Patrick Leahy (D-VT) who cited the “useful friction” between the Insurrection and Posse Comitatus Acts in limiting executive authority.
According to the DoD, the repeal of this language had more to do with procedure and that it was never supposed to amend the Insurrection Act. “When it was actually passed,” says the defense official, “Congress elected to amend the Insurrection Act and put things in the Insurrection Act that were not insurrection, like the support for disasters and emergencies and endemic influenza. Our intent,” he says, “was to give the president and the secretary access to the reserve components. It includes the National Guard and, rightfully so, the governors were pretty upset because they were not consulted.”
Senator Leahy’s office did not have a statement as of press time, but a spokesperson said the senator had made an inquiry with the DoD in response to our questions. The defense official confirmed that he was indeed being called in to discuss the senator’s concerns in a meeting scheduled for today. But he downplayed any concern, saying, “Congress at any time can say ‘we don’t like your interpretation of that law and how you’ve interpreted it in making policy’—and so they can call us to the Hill and ask us to justify why we’re doing something.”
Last year, Bruce Afran and another civil liberties attorney Carl Mayer filed a lawsuit against the Obama Administration on behalf of a group of journalists and activists lead by former New York Times journalist Chris Hedges. They filed suit over the inclusion of a bill in the NDAA 2012 that, according to the plaintiffs, expanded executive authority over domestic affairs by unilaterally granting the executive branch to indefinitely detain U.S. citizens without due process. The case has garnered international attention and invited vigorous defense from the Obama Administration. Even Afran goes so far as to say this current rule change is, “another NDAA. It’s even worse, to be honest.”
For Hedges and the other plaintiffs, including Pentagon Papers whistleblower Daniel Ellsberg, the government’s ever-expanding authority over civilian affairs has a “chilling effect” on First Amendment activities such as free speech and the right to assemble. First District Court Judge Katherine Forrest agreed with the plaintiffs and handed Hedges et al a resounding victory prompting the Department of Justice to immediately file an injunction and an appeal. The appellate court is expected to rule on the matter within the next few months.
Another of the plaintiffs in the Hedges suit is Alexa O’Brien, a journalist and organizer who joined the lawsuit after she discovered a Wikileaks cable showing government officials attempting to link her efforts to terrorist activities. For activists such as O’Brien, the new DoD regulatory change is frightening because it creates, “an environment of fear when people cannot associate with one another.” Like Afran and Freedman, she too calls the move, “another grab for power under the rubric of the war on terror, to the detriment of citizens.”
“This is a complete erosion of the rule of law,” says O’Brien. Knowing these sweeping powers were granted under a rule change and not by Congress is even more harrowing to activists. “That anything can be made legal,” says O’Brien, “is fundamentally antithetical to good governance.” As far as what might qualify as a civil disturbance, Afran notes, “In the Sixties all of the Vietnam protests would meet this description. We saw Kent State. This would legalize Kent State.” But the focus on the DoD regulatory change obscures the creeping militarization that has already occurred in police departments across the nation. Even prior to the NDAA lawsuit, journalist Chris Hedges was critical of domestic law enforcement agencies saying, “The widening use of militarized police units effectively nullifies the Posse Comitatus Act of 1878.”
This de facto nullification isn’t lost on the DoD.
The DoD official even referred to the Boston bombing suspects manhunt saying, “Like most major police departments, if you didn’t know they were a police department you would think they were the military.” According to this official there has purposely been a “large transfer of technology so that the military doesn’t have to get involved.” Moreover, he says the military has learned from past events, such as the siege at Waco, where ATF officials mishandled military equipment. “We have transferred the technology so we don’t have to loan it,” he states.
But if the transfer of military training and technology has been so thorough, it boggles the imagination as to what kind of disturbance would be so overwhelming that it would require the suspension of centuries-old law and precedent to grant military complete authority on the ground. The DoD official admits not being able to “envision that happening,” adding, “but I’m not a Hollywood screenwriter.”
Afran, for one, isn’t buying the logic. For him, the distinction is simple.
“Remember, the police operate under civilian control,” he says. “They are used to thinking in a civilian way so the comparison that they may have some assault weapons doesn’t change this in any way. And they can be removed from power. You can’t remove the military from power.”
Despite protestations from figures such as Afran and O’Brien and past admonitions from groups like the ACLU, for the first time in our history the military has granted itself authority to quell a civil disturbance. Changing this rule now requires congressional or judicial intervention.
“This is where journalism comes in,” says Freedman. “Calling attention to an unauthorized power grab in the hope that it embarrasses the administration.” Afran is considering amending his NDAA complaint currently in front of the court to include this regulatory change. As we witnessed during the Boston bombing manhunt, it’s already difficult to discern between military and police. In the future it might be impossible, because there may be no difference.
UrbanMan's Note: There is a large potential for a confrontation between local National Guard and Reserve units and the Active duty military deployed to the communities that the NG and Reserve live in. More likely if the Active Duty military is perceived as being heavy handed or ends up killing a few civilians. The government's first recourse is to recognize ths potential and to activate then deployed National Guard and Reserve unit's far away from their home communities and states.
The manhunt for the Boston Marathon bombing suspects offered the nation a window into the stunning military-style capabilities of our local law enforcement agencies. For the past 30 years, police departments throughout the United States have benefitted from the government’s largesse in the form of military weaponry and training, incentives offered in the ongoing “War on Drugs.” For the average citizen watching events such as the intense pursuit of the Tsarnaev brothers on television, it would be difficult to discern between fully outfitted police SWAT teams and the military.
UrbanMan's Note: Didn't we see US Army HMMWV's with Military Police logos patrolling the Boston streets during the lock down? Likely they were from Fort Devens. I wonder what their authority was?
The lines blurred even further Monday as a new dynamic was introduced to the militarization of domestic law enforcement. By making a few subtle changes to a regulation in the U.S. Code titled “Defense Support of Civilian Law Enforcement Agencies” the military has quietly granted itself the ability to police the streets without obtaining prior local or state consent, upending a precedent that has been in place for more than two centuries.
The most objectionable aspect of the regulatory change is the inclusion of vague language that permits military intervention in the event of “civil disturbances.” According to the rule: Federal military commanders have the authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances.
Bruce Afran, a civil liberties attorney and constitutional law professor at Rutgers University, calls the rule, “a wanton power grab by the military,” and says, “It’s quite shocking actually because it violates the long-standing presumption that the military is under civilian control.”
A defense official who declined to be named takes a different view of the rule, claiming, “The authorization has been around over 100 years; it’s not a new authority. It’s been there but it hasn’t been exercised. This is a carryover of domestic policy.” Moreover, he insists the Pentagon doesn’t “want to get involved in civilian law enforcement. It’s one of those red lines that the military hasn’t signed up for.” Nevertheless, he says, “every person in the military swears an oath of allegiance to the Constitution of the United States to defend that Constitution against all enemies foreign and domestic.”
One of the more disturbing aspects of the new procedures that govern military command on the ground in the event of a civil disturbance relates to authority. Not only does it fail to define what circumstances would be so severe that the president’s authorization is “impossible,” it grants full presidential authority to “Federal military commanders.” According to the defense official, a commander is defined as follows: “Somebody who’s in the position of command, has the title commander. And most of the time they are centrally selected by a board, they’ve gone through additional schooling to exercise command authority.”
As it is written, this “commander” has the same power to authorize military force as the president in the event the president is somehow unable to access a telephone. (The rule doesn’t address the statutory chain of authority that already exists in the event a sitting president is unavailable.) In doing so, this commander must exercise judgment in determining what constitutes, “wanton destruction of property,” “adequate protection for Federal property,” “domestic violence,” or “conspiracy that hinders the execution of State or Federal law,” as these are the circumstances that might be considered an “emergency.”
UrbanMan's Note: The title "commander", in my opinion would mean a Company Commander at the lowest level. That means a Captain, likely in is mid's 20's having the unilateral power to execute military operations in a civilian environment. This is very concerning.
“These phrases don’t have any legal meaning,” says Afran. “It’s no different than the emergency powers clause in the Weimar constitution [of the German Reich]. It’s a grant of emergency power to the military to rule over parts of the country at their own discretion.”
Afran also expresses apprehension over the government’s authority “to engage temporarily in activities necessary to quell large-scale disturbances.”
“Governments never like to give up power when they get it,” says Afran. “They still think after twelve years they can get intelligence out of people in Guantanamo. Temporary is in the eye of the beholder. That’s why in statutes we have definitions. All of these statutes have one thing in common and that is that they have no definitions. How long is temporary? There’s none here. The definitions are absurdly broad.”
The U.S. military is prohibited from intervening in domestic affairs except where provided under Article IV of the Constitution in cases of domestic violence that threaten the government of a state or the application of federal law. This provision was further clarified both by the Insurrection Act of 1807 and a post-Reconstruction law known as the Posse Comitatus Act of 1878 (PCA). The Insurrection Act specifies the circumstances under which the president may convene the armed forces to suppress an insurrection against any state or the federal government. Furthermore, where an individual state is concerned, consent of the governor must be obtained prior to the deployment of troops. The PCA—passed in response to federal troops that enforced local laws and oversaw elections during Reconstruction—made unauthorized employment of federal troops a punishable offense, thereby giving teeth to the Insurrection Act.
Together, these laws limit executive authority over domestic military action. Yet Monday’s official regulatory changes issued unilaterally by the Department of Defense is a game-changer. The stated purpose of the updated rule is “support in Accordance With the Posse Comitatus Act,” but in reality it undermines the Insurrection Act and PCA in significant and alarming ways. The most substantial change is the notion of “civil disturbance” as one of the few “domestic emergencies” that would allow for the deployment of military assets on American soil.
To wit, the relatively few instances that federal troops have been deployed for domestic support have produced a wide range of results. Situations have included responding to natural disasters and protecting demonstrators during the Civil Rights era to, disastrously, the Kent State student massacre and the 1973 occupation of Wounded Knee.
Michael German, senior policy counsel to the American Civil Liberties Union (ACLU), noted in a 2009 Daily Kos article that, “there is no doubt that the military is very good at many things. But recent history shows that restraint in their new-found domestic role is not one of them.”
At the time German was referring to the military’s expanded surveillance techniques and hostile interventions related to border control and the War on Drugs. And in fact, many have argued that these actions have already upended the PCA in a significant way. Even before this most recent rule change, the ACLU was vocal in its opposition to the Department of Defense (DoD) request to expand domestic military authority “in the event of chemical, biological, radiological, nuclear, or high yield explosive (CBRNE) incidents.” The ACLU’s position is that civilian agencies are more than equipped to handle such emergencies since 9/11. (ACLU spokespersons in Washington D.C. declined, however, to be interviewed for this story.)
But while outcomes of military interventions have varied, the protocol by which the president works cooperatively with state governments has remained the same. The president is only allowed to deploy troops to a state upon request of its governor. Even then, the military—specifically the National Guard—is there to provide support for local law enforcement and is prohibited from engaging in any activities that are outside of this scope, such as the power to arrest.
Eric Freedman, a constitutional law professor from Hofstra University, also calls the ruling “an unauthorized power grab.” According to Freedman, “The Department of Defense does not have the authority to grant itself by regulation any more authority than Congress has granted it by statute.” Yet that’s precisely what it did. This wasn’t, however, the Pentagon’s first attempt to expand its authority domestically in the last decade.
Déjà vu
During the Bush Administration, Congress passed the 2007 Defense Authorization Bill that included language similar in scope to the current regulatory change. It specifically amended the Insurrection Act to expand the president’s ability to deploy troops domestically under certain conditions including health epidemics, natural disasters and terrorist activities, though it stopped short of including civil disturbances. But the following year this language was repealed under the National Defense Authorization Act of 2008 via a bill authored by Vermont Senator Patrick Leahy (D-VT) who cited the “useful friction” between the Insurrection and Posse Comitatus Acts in limiting executive authority.
According to the DoD, the repeal of this language had more to do with procedure and that it was never supposed to amend the Insurrection Act. “When it was actually passed,” says the defense official, “Congress elected to amend the Insurrection Act and put things in the Insurrection Act that were not insurrection, like the support for disasters and emergencies and endemic influenza. Our intent,” he says, “was to give the president and the secretary access to the reserve components. It includes the National Guard and, rightfully so, the governors were pretty upset because they were not consulted.”
Senator Leahy’s office did not have a statement as of press time, but a spokesperson said the senator had made an inquiry with the DoD in response to our questions. The defense official confirmed that he was indeed being called in to discuss the senator’s concerns in a meeting scheduled for today. But he downplayed any concern, saying, “Congress at any time can say ‘we don’t like your interpretation of that law and how you’ve interpreted it in making policy’—and so they can call us to the Hill and ask us to justify why we’re doing something.”
Last year, Bruce Afran and another civil liberties attorney Carl Mayer filed a lawsuit against the Obama Administration on behalf of a group of journalists and activists lead by former New York Times journalist Chris Hedges. They filed suit over the inclusion of a bill in the NDAA 2012 that, according to the plaintiffs, expanded executive authority over domestic affairs by unilaterally granting the executive branch to indefinitely detain U.S. citizens without due process. The case has garnered international attention and invited vigorous defense from the Obama Administration. Even Afran goes so far as to say this current rule change is, “another NDAA. It’s even worse, to be honest.”
For Hedges and the other plaintiffs, including Pentagon Papers whistleblower Daniel Ellsberg, the government’s ever-expanding authority over civilian affairs has a “chilling effect” on First Amendment activities such as free speech and the right to assemble. First District Court Judge Katherine Forrest agreed with the plaintiffs and handed Hedges et al a resounding victory prompting the Department of Justice to immediately file an injunction and an appeal. The appellate court is expected to rule on the matter within the next few months.
Another of the plaintiffs in the Hedges suit is Alexa O’Brien, a journalist and organizer who joined the lawsuit after she discovered a Wikileaks cable showing government officials attempting to link her efforts to terrorist activities. For activists such as O’Brien, the new DoD regulatory change is frightening because it creates, “an environment of fear when people cannot associate with one another.” Like Afran and Freedman, she too calls the move, “another grab for power under the rubric of the war on terror, to the detriment of citizens.”
“This is a complete erosion of the rule of law,” says O’Brien. Knowing these sweeping powers were granted under a rule change and not by Congress is even more harrowing to activists. “That anything can be made legal,” says O’Brien, “is fundamentally antithetical to good governance.” As far as what might qualify as a civil disturbance, Afran notes, “In the Sixties all of the Vietnam protests would meet this description. We saw Kent State. This would legalize Kent State.” But the focus on the DoD regulatory change obscures the creeping militarization that has already occurred in police departments across the nation. Even prior to the NDAA lawsuit, journalist Chris Hedges was critical of domestic law enforcement agencies saying, “The widening use of militarized police units effectively nullifies the Posse Comitatus Act of 1878.”
This de facto nullification isn’t lost on the DoD.
The DoD official even referred to the Boston bombing suspects manhunt saying, “Like most major police departments, if you didn’t know they were a police department you would think they were the military.” According to this official there has purposely been a “large transfer of technology so that the military doesn’t have to get involved.” Moreover, he says the military has learned from past events, such as the siege at Waco, where ATF officials mishandled military equipment. “We have transferred the technology so we don’t have to loan it,” he states.
But if the transfer of military training and technology has been so thorough, it boggles the imagination as to what kind of disturbance would be so overwhelming that it would require the suspension of centuries-old law and precedent to grant military complete authority on the ground. The DoD official admits not being able to “envision that happening,” adding, “but I’m not a Hollywood screenwriter.”
Afran, for one, isn’t buying the logic. For him, the distinction is simple.
“Remember, the police operate under civilian control,” he says. “They are used to thinking in a civilian way so the comparison that they may have some assault weapons doesn’t change this in any way. And they can be removed from power. You can’t remove the military from power.”
Despite protestations from figures such as Afran and O’Brien and past admonitions from groups like the ACLU, for the first time in our history the military has granted itself authority to quell a civil disturbance. Changing this rule now requires congressional or judicial intervention.
“This is where journalism comes in,” says Freedman. “Calling attention to an unauthorized power grab in the hope that it embarrasses the administration.” Afran is considering amending his NDAA complaint currently in front of the court to include this regulatory change. As we witnessed during the Boston bombing manhunt, it’s already difficult to discern between military and police. In the future it might be impossible, because there may be no difference.
UrbanMan's Note: There is a large potential for a confrontation between local National Guard and Reserve units and the Active duty military deployed to the communities that the NG and Reserve live in. More likely if the Active Duty military is perceived as being heavy handed or ends up killing a few civilians. The government's first recourse is to recognize ths potential and to activate then deployed National Guard and Reserve unit's far away from their home communities and states.
Sunday, December 9, 2012
Government Preparing for Martial Law
UrbanMan: I get a few e-mails from time to time asking my opinion on scenarios that could bring about martial law: if it is possible that our Muslims enemies could generate attacks on the homeland in sufficient density to force martial law;......domestic terrorism such as attacks and bomb threats that some may think the government is behind in some sort of conspiracy in order to generate an excuse for, or a popular calling for martial law; and/or, if an economic collapse or hyper-inflation is sufficient to create wide spread food shortages and riots, would the government implement martial law.
While not a conspiracy theorist by nature, nor believing that the government in all it's capacity would have the resources to control this country by force, it is a bit concerning that in the space of one year the government passing the NDAA and the lesser known NDRP, and is considering a new law authorizing warrantless electronic searches. SO,.....while I remain to been convinced of a larger government plan, I do know that the economy will get worse, affected by natural conditions such as disasters and droughts;....that the dollar will inflate causing much more of our income to go towards essentials such as food and further stimulating a downward slide in the economy as less moeny will be able to expand businesses.
I remain oriented towards planning and preparing for bad times, no matter what the cause. But I do contiue researching and analyzing the potential causes and course of events that would make our preparations a worthwhile endeavor. Below is an article written by Tony Adkins of the Conservative Daily:
A warning from the Conservative Daily
In December of 2011 on New Year’s Eve, President Barack Obama signed the National Defense Authorization Act (NDAA), declaring the entire United States a “battlefield” and giving the U.S. government the right to detain an American citizen indefinitely and even assassinate them, if they are suspected of terrorism—without due process.
Then, in March of 2012, Obama signed the National Defense Resources Preparedness Executive Order (NDRP) that effectively declares peacetime martial law, giving the President authority over food and water, production, fuel, transportation, livestock and more if the government decides it is an emergency.
Since September 11, 2001, the government has found every way to make exceptions to our Fourth Amendment protections and claim legal right to search and seizure of our private property—all in the name of safety, of course. But haven’t the terrorists “won” when America ceases to be America? They want to kill our freedoms and they want us to live in fear. They don’t have to do much, because our own government is moving their agenda along by killing our
The average, law-abiding American may not see the small yet consistent changes in our Bill of Rights protections, but we are the ones who need to pay attention to these attacks on our freedom and stop them before government takes total control. At one point or another, the long arm of the government will reach into every American home and by then, it will be too late to change our path.
Journalist Chris Hedges brought suit against the constitutionality of the NDAA, resulting in federal judge Katherine Forrest’s ruling that it was, in fact, unconstitutional (the Obama administration continues to insist it is within the realm of the law). In an interview he said of the NDAA, “It is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing. It’s an extremely frightening step backwards for American democracy. And I think that for those of us who care about civil liberties, the right of dissent and freedom, we have to stand up.”
We want to catch the radical Islamists and others who want to kill us, but we do not accept the government eliminating our Bill of Rights protections and having full, unchecked authority while doing it. We cannot give up our freedoms as the government tries to “fix” problems that have already happened.
Our job is to remain watchful of our rights and make sure our government doesn’t take the focus off the real terrorists and begin labeling anyone who simply has a dissenting opinion, the enemy.
This is a concern because the Department of Homeland Security funded a study, which hardly mentions Islam at all, yet labels terrorists as including:
Americans who are suspicious of centralized federal authority; Americans who believe their way of life is under attack; People opposed to abortion; Americans who are reverent of individual liberty
Our warnings on this issue are not meant as “doom and gloom” conspiracy theories or crazy rants with no basis in fact—they are just that, warnings, because we see too much power and control being concentrated in the hands of the government and this regulation crept into the hands of one man in the Oval Office is what has us so concerned.
Many have warned of possible martial law in the U.S., even those outside of it. Igor Panarin, dean of the Russian Foreign Ministry School for future diplomats, lectured in 2009 that the U.S. would begin to collapse in 2010 and compared America to Nazi Germany. He said mass immigration; economic decline, moral degradation and the collapse of the dollar will send America reeling into another civil war.
Regardless of whether you believe comments coming out of Russia, given our current circumstances, that scenario is not out of the question.
Absolute power given to any person, regardless of their worldview, is dangerous. Lord John Dalberg-Acton warned, “Historic responsibility has to make up for the want of legal responsibility. Power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you superadd the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it.”
Actions being taken by President Obama are not entirely new. The NDRP is rooted in the Defense Production Act of 1950, which gave the government the power to dispense “national resources” in the event of an emergency. Unlawful detainment of U.S. citizens occurred during the Civil War and under Roosevelt during World War II. What Obama is now doing is “editing” these Acts and Executive Orders to further the framework for a complete takeover by the executive branch, should he declare America is in an emergency.
And since Obama has been President, everything has been an emergency. The stimulus, Obamacare, Internet regulation and war in Libya, to name just a few, have all been pushed because “we can’t wait.” Now, government departments are stockpiling ammunition, checkpoints and riot gear. The U.S. is on the verge of an economic collapse. The United Nations continues to poke its nose into our business and our President is complicit in their meddling.
That is why the current versions of the NDAA and NDRP are so troubling. The NDAA is a broadly vague bill that is needs to be reviewed in its entirety. It is the same Act that allows the government to run propaganda on American people. Its language in direct opposition to what the United States of America stands for. And this is how America dies, slowly, little by little, with signing statements and amendments and executive orders that the American people hardly notice and of course the media giants rarely report.
Why is Congress silent on this? We sent them to Washington to represent our interests and defend our rights under the Constitution. On their watch, we are experiencing the unraveling of hundreds of years of guaranteed and protected freedoms.
Tell them to govern by the Constitution and reject all attempts at destroying it, or we will kick them out of office and vote someone in who will. Fax them now and demand they support S. 2175 and H.R. 5936, which will repeal the mandatory military detention requirement and ban indefinite detention and military commissions from the United States.
Involved citizens like you who keep up with what is really going on in Washington are the last line of defense against tyranny. It is not okay for our government to lock up American citizens without charges or due process. If they will not defend our Constitution, we will.
Congressman Ron Paul says, “The Bill of Rights…is a key check on government power against any person.” Are we willing to let that check be eliminated? Sincerely, Tony Adkins, Conservative-Daily.
While not a conspiracy theorist by nature, nor believing that the government in all it's capacity would have the resources to control this country by force, it is a bit concerning that in the space of one year the government passing the NDAA and the lesser known NDRP, and is considering a new law authorizing warrantless electronic searches. SO,.....while I remain to been convinced of a larger government plan, I do know that the economy will get worse, affected by natural conditions such as disasters and droughts;....that the dollar will inflate causing much more of our income to go towards essentials such as food and further stimulating a downward slide in the economy as less moeny will be able to expand businesses.
I remain oriented towards planning and preparing for bad times, no matter what the cause. But I do contiue researching and analyzing the potential causes and course of events that would make our preparations a worthwhile endeavor. Below is an article written by Tony Adkins of the Conservative Daily:
A warning from the Conservative Daily
In December of 2011 on New Year’s Eve, President Barack Obama signed the National Defense Authorization Act (NDAA), declaring the entire United States a “battlefield” and giving the U.S. government the right to detain an American citizen indefinitely and even assassinate them, if they are suspected of terrorism—without due process.
Then, in March of 2012, Obama signed the National Defense Resources Preparedness Executive Order (NDRP) that effectively declares peacetime martial law, giving the President authority over food and water, production, fuel, transportation, livestock and more if the government decides it is an emergency.
Since September 11, 2001, the government has found every way to make exceptions to our Fourth Amendment protections and claim legal right to search and seizure of our private property—all in the name of safety, of course. But haven’t the terrorists “won” when America ceases to be America? They want to kill our freedoms and they want us to live in fear. They don’t have to do much, because our own government is moving their agenda along by killing our
The average, law-abiding American may not see the small yet consistent changes in our Bill of Rights protections, but we are the ones who need to pay attention to these attacks on our freedom and stop them before government takes total control. At one point or another, the long arm of the government will reach into every American home and by then, it will be too late to change our path.
Journalist Chris Hedges brought suit against the constitutionality of the NDAA, resulting in federal judge Katherine Forrest’s ruling that it was, in fact, unconstitutional (the Obama administration continues to insist it is within the realm of the law). In an interview he said of the NDAA, “It is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing. It’s an extremely frightening step backwards for American democracy. And I think that for those of us who care about civil liberties, the right of dissent and freedom, we have to stand up.”
We want to catch the radical Islamists and others who want to kill us, but we do not accept the government eliminating our Bill of Rights protections and having full, unchecked authority while doing it. We cannot give up our freedoms as the government tries to “fix” problems that have already happened.
Our job is to remain watchful of our rights and make sure our government doesn’t take the focus off the real terrorists and begin labeling anyone who simply has a dissenting opinion, the enemy.
This is a concern because the Department of Homeland Security funded a study, which hardly mentions Islam at all, yet labels terrorists as including:
Americans who are suspicious of centralized federal authority; Americans who believe their way of life is under attack; People opposed to abortion; Americans who are reverent of individual liberty
Our warnings on this issue are not meant as “doom and gloom” conspiracy theories or crazy rants with no basis in fact—they are just that, warnings, because we see too much power and control being concentrated in the hands of the government and this regulation crept into the hands of one man in the Oval Office is what has us so concerned.
Many have warned of possible martial law in the U.S., even those outside of it. Igor Panarin, dean of the Russian Foreign Ministry School for future diplomats, lectured in 2009 that the U.S. would begin to collapse in 2010 and compared America to Nazi Germany. He said mass immigration; economic decline, moral degradation and the collapse of the dollar will send America reeling into another civil war.
Regardless of whether you believe comments coming out of Russia, given our current circumstances, that scenario is not out of the question.
Absolute power given to any person, regardless of their worldview, is dangerous. Lord John Dalberg-Acton warned, “Historic responsibility has to make up for the want of legal responsibility. Power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you superadd the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it.”
Actions being taken by President Obama are not entirely new. The NDRP is rooted in the Defense Production Act of 1950, which gave the government the power to dispense “national resources” in the event of an emergency. Unlawful detainment of U.S. citizens occurred during the Civil War and under Roosevelt during World War II. What Obama is now doing is “editing” these Acts and Executive Orders to further the framework for a complete takeover by the executive branch, should he declare America is in an emergency.
And since Obama has been President, everything has been an emergency. The stimulus, Obamacare, Internet regulation and war in Libya, to name just a few, have all been pushed because “we can’t wait.” Now, government departments are stockpiling ammunition, checkpoints and riot gear. The U.S. is on the verge of an economic collapse. The United Nations continues to poke its nose into our business and our President is complicit in their meddling.
That is why the current versions of the NDAA and NDRP are so troubling. The NDAA is a broadly vague bill that is needs to be reviewed in its entirety. It is the same Act that allows the government to run propaganda on American people. Its language in direct opposition to what the United States of America stands for. And this is how America dies, slowly, little by little, with signing statements and amendments and executive orders that the American people hardly notice and of course the media giants rarely report.
Why is Congress silent on this? We sent them to Washington to represent our interests and defend our rights under the Constitution. On their watch, we are experiencing the unraveling of hundreds of years of guaranteed and protected freedoms.
Tell them to govern by the Constitution and reject all attempts at destroying it, or we will kick them out of office and vote someone in who will. Fax them now and demand they support S. 2175 and H.R. 5936, which will repeal the mandatory military detention requirement and ban indefinite detention and military commissions from the United States.
Involved citizens like you who keep up with what is really going on in Washington are the last line of defense against tyranny. It is not okay for our government to lock up American citizens without charges or due process. If they will not defend our Constitution, we will.
Congressman Ron Paul says, “The Bill of Rights…is a key check on government power against any person.” Are we willing to let that check be eliminated? Sincerely, Tony Adkins, Conservative-Daily.
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