[Texgreen] Bush prepares for martial law
Steve Rossignol
stever@moment.net
Sun, 29 Oct 2006 08:37:12 -0600
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Bush Moves Toward Martial Law
Frank Morales
October 26, 2006
In a stealth maneuver, President Bush has signed into law a =
provision which, according to Senator Patrick Leahy (D-Vermont), will =
actually encourage the President to declare federal martial law (1). It =
does so by revising the Insurrection Act, a set of laws that limits the =
President's ability to deploy troops within the United States. The =
Insurrection Act (10 U.S.C.331 -335) has historically, along with the =
Posse Comitatus Act (18 U.S.C.1385), helped to enforce strict =
prohibitions on military involvement in domestic law enforcement. With =
one cloaked swipe of his pen, Bush is seeking to undo those =
prohibitions.
Public Law 109-364, or the "John Warner Defense Authorization Act =
of 2007" (H.R.5122) (2), which was signed by the commander in chief on =
October 17th, 2006, in a private Oval Office ceremony, allows the =
President to declare a "public emergency" and station troops anywhere in =
America and take control of state-based National Guard units without the =
consent of the governor or local authorities, in order to "suppress =
public disorder."
President Bush seized this unprecedented power on the very same =
day that he signed the equally odious Military Commissions Act of 2006. =
In a sense, the two laws complement one another. One allows for torture =
and detention abroad, while the other seeks to enforce acquiescence at =
home, preparing to order the military onto the streets of America. =
Remember, the term for putting an area under military law enforcement =
control is precise; the term is "martial law."
Section 1076 of the massive Authorization Act, which grants the =
Pentagon another $500-plus-billion for its ill-advised adventures, is =
entitled, "Use of the Armed Forces in Major Public Emergencies." Section =
333, "Major public emergencies; interference with State and Federal law" =
states that "the President may employ the armed forces, including the =
National Guard in Federal service, to restore public order and enforce =
the laws of the United States when, as a result of a natural disaster, =
epidemic, or other serious public health emergency, terrorist attack or =
incident, or other condition in any State or possession of the United =
States, the President determines that domestic violence has occurred to =
such an extent that the constituted authorities of the State or =
possession are incapable of ("refuse" or "fail" in) maintaining public =
order, "in order to suppress, in any State, any insurrection, domestic =
violence, unlawful combination, or conspiracy."
For the current President, "enforcement of the laws to restore =
public order" means to commandeer guardsmen from any state, over the =
objections of local governmental, military and local police entities; =
ship them off to another state; conscript them in a law enforcement =
mode; and set them loose against "disorderly" citizenry - protesters, =
possibly, or those who object to forced vaccinations and quarantines in =
the event of a bio-terror event.
The law also facilitates militarized police round-ups and =
detention of protesters, so called "illegal aliens," "potential =
terrorists" and other "undesirables" for detention in facilities already =
contracted for and under construction by Halliburton. That's right. =
Under the cover of a trumped-up "immigration emergency" and the frenzied =
militarization of the southern border, detention camps are being =
constructed right under our noses, camps designed for anyone who resists =
the foreign and domestic agenda of the Bush administration.
An article on "recent contract awards" in a recent issue of the =
slick, insider "Journal of Counterterrorism & Homeland Security =
International" reported that "global engineering and technical services =
powerhouse KBR [Kellog, Brown & Root] announced in January 2006 that its =
Government and Infrastructure division was awarded an Indefinite =
Delivery/Indefinite Quantity (IDIQ) contract to support U.S. Immigration =
and Customs Enforcement (ICE) facilities in the event of an emergency." =
"With a maximum total value of $385 million over a five year term," the =
report notes, "the contract is to be executed by the U.S. Army Corps of =
Engineers," "for establishing temporary detention and processing =
capabilities to augment existing ICE Detention and Removal Operations =
(DRO) - in the event of an emergency influx of immigrants into the U.S., =
or to support the rapid development of new programs." The report points =
out that "KBR is the engineering and construction subsidiary of =
Halliburton." (3) So, in addition to authorizing another $532.8 billion =
for the Pentagon, including a $70-billion "supplemental provision" which =
covers the cost of the ongoing, mad military maneuvers in Iraq, =
Afghanistan, and other places, the new law, signed by the president in a =
private White House ceremony, further collapses the historic divide =
between the police and the military: a tell-tale sign of a rapidly =
consolidating police state in America, all accomplished amidst ongoing =
U.S. imperial pretensions of global domination, sold to an "emergency =
managed" and seemingly willfully gullible public as a "global war on =
terrorism."
Make no mistake about it: the de-facto repeal of the Posse =
Comitatus Act (PCA) is an ominous assault on American democratic =
tradition and jurisprudence. The 1878 Act, which reads, "Whoever, except =
in cases and under circumstances expressly authorized by the =
Constitution or Act of Congress, willfully uses any part of the Army or =
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," =
is the only U.S. criminal statute that outlaws military operations =
directed against the American people under the cover of 'law =
enforcement.' As such, it has been the best protection we've had against =
the power-hungry intentions of an unscrupulous and reckless executive, =
an executive intent on using force to enforce its will.
Unfortunately, this past week, the president dealt posse =
comitatus, along with American democracy, a near fatal blow. =
Consequently, it will take an aroused citizenry to undo the damage =
wrought by this horrendous act, part and parcel, as we have seen, of a =
long train of abuses and outrages perpetrated by this authoritarian =
administration.
Despite the unprecedented and shocking nature of this act, there =
has been no outcry in the American media, and little reaction from our =
elected officials in Congress. On September 19th, a lone Senator Patrick =
Leahy (D-Vermont) noted that 2007's Defense Authorization Act contained =
a "widely opposed provision to allow the President more control over the =
National Guard [adopting] changes to the Insurrection Act, which will =
make it easier for this or any future President to use the military to =
restore domestic order WITHOUT the consent of the nation's governors."
Senator Leahy went on to stress that, "we certainly do not need to =
make it easier for Presidents to declare martial law. Invoking the =
Insurrection Act and using the military for law enforcement activities =
goes against some of the central tenets of our democracy. One can easily =
envision governors and mayors in charge of an emergency having to =
constantly look over their shoulders while someone who has never visited =
their communities gives the orders."
A few weeks later, on the 29th of September, Leahy entered into =
the Congressional Record that he had "grave reservations about certain =
provisions of the fiscal Year 2007 Defense Authorization Bill Conference =
Report," the language of which, he said, "subverts solid, longstanding =
posse comitatus statutes that limit the military's involvement in law =
enforcement, thereby making it easier for the President to declare =
martial law." This had been "slipped in," Leahy said, "as a rider with =
little study," while "other congressional committees with jurisdiction =
over these matters had no chance to comment, let alone hold hearings on, =
these proposals."
In a telling bit of understatement, the Senator from Vermont noted =
that "the implications of changing the (Posse Comitatus) Act are =
enormous". "There is good reason," he said, "for the constructive =
friction in existing law when it comes to martial law declarations. =
Using the military for law enforcement goes against one of the founding =
tenets of our democracy. We fail our Constitution, neglecting the rights =
of the States, when we make it easier for the President to declare =
martial law and trample on local and state sovereignty."
Senator Leahy's final ruminations: "Since hearing word a couple of =
weeks ago that this outcome was likely, I have wondered how Congress =
could have gotten to this point. It seems the changes to the =
Insurrection Act have survived the Conference because the Pentagon and =
the White House want it."
The historic and ominous re-writing of the Insurrection Act, =
accomplished in the dead of night, which gives Bush the legal authority =
to declare martial law, is now an accomplished fact.
The Pentagon, as one might expect, plays an even more direct role =
in martial law operations. Title XIV of the new law, entitled, "Homeland =
Defense Technology Transfer Legislative Provisions," authorizes "the =
Secretary of Defense to create a Homeland Defense Technology Transfer =
Consortium to improve the effectiveness of the Department of Defense =
(DOD) processes for identifying and deploying relevant DOD technology to =
federal, State, and local first responders."
In other words, the law facilitates the "transfer" of the newest =
in so-called "crowd control" technology and other weaponry designed to =
suppress dissent from the Pentagon to local militarized police units. =
The new law builds on and further codifies earlier "technology transfer" =
agreements, specifically the 1995 DOD-Justice Department memorandum of =
agreement achieved back during the Clinton-Reno regime.(4)
It has become clear in recent months that a critical mass of the =
American people have seen through the lies of the Bush administration; =
with the president's polls at an historic low, growing resistance to the =
war Iraq, and the Democrats likely to take back the Congress in mid-term =
elections, the Bush administration is on the ropes. And so it is =
particularly worrying that President Bush has seen fit, at this juncture =
to, in effect, declare himself dictator.
Source:
(1) http://leahy.senate.gov/press/200609/091906a.html and =
http://leahy.senate.gov/press/200609/092906b.html See also, =
Congressional Research Service Report for Congress, "The Use of Federal =
Troops for Disaster Assistance: Legal Issues," by Jennifer K. Elsea, =
Legislative Attorney, August 14, 2006
(2) http://www.govtrack.us/congress/bill.xpd?bill+h109-5122
(3) Journal of Counterterrorism & Homeland Security International, =
"Recent Contract Awards", Summer 2006, Vol.12, No.2, pg.8; See also, =
Peter Dale Scott, "Homeland Security Contracts for Vast New Detention =
Camps," New American Media, January 31, 2006.
(4) "Technology Transfer from defense: Concealed Weapons =
Detection", National Institute of Justice Journal, No 229, August, 1995, =
pp.42-43.
=20
:: Article nr. 27769 sent on 27-oct-2006 03:18 ECT
:: The address of this page is : www.uruknet.info?p=3D27769
:: The incoming address of this article is :=20
towardfreedom.com/home/content/view/911/
:: The views expressed in this article are the sole responsibility of =
the author and do not necessarily reflect those of Uruknet .
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<H4=20
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center"><SPAN>Bush=20
Moves Toward Martial Law</BIG></SPAN></H4>
<H4=20
style=3D"FONT-WEIGHT: normal; MARGIN: 0cm 0cm 0pt; COLOR: rgb(200,0,0); =
TEXT-ALIGN: center"><SMALL>Frank=20
Morales</SMALL></H4><SMALL></SMALL><SMALL></SMALL><SMALL></SMALL>
<P class=3DMsoNormal></P><SMALL></B>
<P align=3Dcenter>
<CENTER>
<TABLE cellSpacing=3D3 cellPadding=3D3 width=3D"100%" border=3D0>
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<TD vAlign=3Dcenter align=3Djustify width=3D"100%">
<P align=3Djustify><FONT face=3DVerdana,Arial=20
size=3D2></U></I></B></BIG></STRONG>
<CENTER></CENTER>
<P align=3Djustify>October 26, 2006<BR><BR>In a stealth maneuver, =
President=20
Bush has signed into law a provision which, according to Senator =
Patrick=20
Leahy (D-Vermont), will actually encourage the President to =
declare=20
federal martial law (1). It does so by revising the Insurrection =
Act, a=20
set of laws that limits the President's ability to deploy troops =
within=20
the United States. The Insurrection Act (10 U.S.C.331 -335) has=20
historically, along with the Posse Comitatus Act (18 U.S.C.1385), =
helped=20
to enforce strict prohibitions on military involvement in domestic =
law=20
enforcement. With one cloaked swipe of his pen, Bush is seeking to =
undo=20
those prohibitions.<BR><BR>Public Law 109-364, or the "John Warner =
Defense=20
Authorization Act of 2007" (H.R.5122) (2), which was signed by the =
commander in chief on October 17th, 2006, in a private Oval Office =
ceremony, allows the President to declare a "public emergency" and =
station=20
troops anywhere in America and take control of state-based =
National Guard=20
units without the consent of the governor or local authorities, in =
order=20
to "suppress public disorder."<BR><BR>President Bush seized this=20
unprecedented power on the very same day that he signed the =
equally odious=20
Military Commissions Act of 2006. In a sense, the two laws =
complement one=20
another. One allows for torture and detention abroad, while the =
other=20
seeks to enforce acquiescence at home, preparing to order the =
military=20
onto the streets of America. Remember, the term for putting an =
area under=20
military law enforcement control is precise; the term is "martial=20
law."<BR><BR>Section 1076 of the massive Authorization Act, which =
grants=20
the Pentagon another $500-plus-billion for its ill-advised =
adventures, is=20
entitled, "Use of the Armed Forces in Major Public Emergencies." =
Section=20
333, "Major public emergencies; interference with State and =
Federal law"=20
states that "the President may employ the armed forces, including =
the=20
National Guard in Federal service, to restore public order and =
enforce the=20
laws of the United States when, as a result of a natural disaster, =
epidemic, or other serious public health emergency, terrorist =
attack or=20
incident, or other condition in any State or possession of the =
United=20
States, the President determines that domestic violence has =
occurred to=20
such an extent that the constituted authorities of the State or =
possession=20
are incapable of ("refuse" or "fail" in) maintaining public order, =
"in=20
order to suppress, in any State, any insurrection, domestic =
violence,=20
unlawful combination, or conspiracy."<BR><BR>For the current =
President,=20
"enforcement of the laws to restore public order" means to =
commandeer=20
guardsmen from any state, over the objections of local =
governmental,=20
military and local police entities; ship them off to another =
state;=20
conscript them in a law enforcement mode; and set them loose =
against=20
"disorderly" citizenry - protesters, possibly, or those who object =
to=20
forced vaccinations and quarantines in the event of a bio-terror=20
event.<BR><BR>The law also facilitates militarized police =
round-ups and=20
detention of protesters, so called "illegal aliens," "potential=20
terrorists" and other "undesirables" for detention in facilities =
already=20
contracted for and under construction by Halliburton. That's =
right. Under=20
the cover of a trumped-up "immigration emergency" and the frenzied =
militarization of the southern border, detention camps are being=20
constructed right under our noses, camps designed for anyone who =
resists=20
the foreign and domestic agenda of the Bush =
administration.<BR><BR>An=20
article on "recent contract awards" in a recent issue of the =
slick,=20
insider "Journal of Counterterrorism & Homeland Security=20
International" reported that "global engineering and technical =
services=20
powerhouse KBR [Kellog, Brown & Root] announced in January =
2006 that=20
its Government and Infrastructure division was awarded an =
Indefinite=20
Delivery/Indefinite Quantity (IDIQ) contract to support U.S. =
Immigration=20
and Customs Enforcement (ICE) facilities in the event of an =
emergency."=20
"With a maximum total value of $385 million over a five year =
term," the=20
report notes, "the contract is to be executed by the U.S. Army =
Corps of=20
Engineers," "for establishing temporary detention and processing=20
capabilities to augment existing ICE Detention and Removal =
Operations=20
(DRO) - in the event of an emergency influx of immigrants into the =
U.S.,=20
or to support the rapid development of new programs." The report =
points=20
out that "KBR is the engineering and construction subsidiary of=20
Halliburton." (3) So, in addition to authorizing another $532.8 =
billion=20
for the Pentagon, including a $70-billion "supplemental provision" =
which=20
covers the cost of the ongoing, mad military maneuvers in Iraq,=20
Afghanistan, and other places, the new law, signed by the =
president in a=20
private White House ceremony, further collapses the historic =
divide=20
between the police and the military: a tell-tale sign of a rapidly =
consolidating police state in America, all accomplished amidst =
ongoing=20
U.S. imperial pretensions of global domination, sold to an =
"emergency=20
managed" and seemingly willfully gullible public as a "global war =
on=20
terrorism."<BR><BR>Make no mistake about it: the de-facto repeal =
of the=20
Posse Comitatus Act (PCA) is an ominous assault on American =
democratic=20
tradition and jurisprudence. The 1878 Act, which reads, "Whoever, =
except=20
in cases and under circumstances expressly authorized by the =
Constitution=20
or Act of Congress, willfully uses any part of the Army or Air =
Force as a=20
posse comitatus or otherwise to execute the laws shall be fined =
under this=20
title or imprisoned not more than two years, or both," is the only =
U.S.=20
criminal statute that outlaws military operations directed against =
the=20
American people under the cover of 'law enforcement.' As such, it =
has been=20
the best protection we've had against the power-hungry intentions =
of an=20
unscrupulous and reckless executive, an executive intent on using =
force to=20
enforce its will.<BR><BR>Unfortunately, this past week, the =
president=20
dealt posse comitatus, along with American democracy, a near fatal =
blow.=20
Consequently, it will take an aroused citizenry to undo the damage =
wrought=20
by this horrendous act, part and parcel, as we have seen, of a =
long train=20
of abuses and outrages perpetrated by this authoritarian=20
administration.<BR><BR>Despite the unprecedented and shocking =
nature of=20
this act, there has been no outcry in the American media, and =
little=20
reaction from our elected officials in Congress. On September =
19th, a lone=20
Senator Patrick Leahy (D-Vermont) noted that 2007's Defense =
Authorization=20
Act contained a "widely opposed provision to allow the President =
more=20
control over the National Guard [adopting] changes to the =
Insurrection=20
Act, which will make it easier for this or any future President to =
use the=20
military to restore domestic order WITHOUT the consent of the =
nation's=20
governors."<BR><BR>Senator Leahy went on to stress that, "we =
certainly do=20
not need to make it easier for Presidents to declare martial law. =
Invoking=20
the Insurrection Act and using the military for law enforcement =
activities=20
goes against some of the central tenets of our democracy. One can =
easily=20
envision governors and mayors in charge of an emergency having to=20
constantly look over their shoulders while someone who has never =
visited=20
their communities gives the orders."<BR><BR>A few weeks later, on =
the 29th=20
of September, Leahy entered into the Congressional Record that he =
had=20
"grave reservations about certain provisions of the fiscal Year =
2007=20
Defense Authorization Bill Conference Report," the language of =
which, he=20
said, "subverts solid, longstanding posse comitatus statutes that =
limit=20
the military's involvement in law enforcement, thereby making it =
easier=20
for the President to declare martial law." This had been "slipped =
in,"=20
Leahy said, "as a rider with little study," while "other =
congressional=20
committees with jurisdiction over these matters had no chance to =
comment,=20
let alone hold hearings on, these proposals."<BR><BR>In a telling =
bit of=20
understatement, the Senator from Vermont noted that "the =
implications of=20
changing the (Posse Comitatus) Act are enormous". "There is good =
reason,"=20
he said, "for the constructive friction in existing law when it =
comes to=20
martial law declarations. Using the military for law enforcement =
goes=20
against one of the founding tenets of our democracy. We fail our=20
Constitution, neglecting the rights of the States, when we make it =
easier=20
for the President to declare martial law and trample on local and =
state=20
sovereignty."<BR><BR>Senator Leahy's final ruminations: "Since =
hearing=20
word a couple of weeks ago that this outcome was likely, I have =
wondered=20
how Congress could have gotten to this point. It seems the changes =
to the=20
Insurrection Act have survived the Conference because the Pentagon =
and the=20
White House want it."<BR><BR>The historic and ominous re-writing =
of the=20
Insurrection Act, accomplished in the dead of night, which gives =
Bush the=20
legal authority to declare martial law, is now an accomplished=20
fact.<BR><BR>The Pentagon, as one might expect, plays an even more =
direct=20
role in martial law operations. Title XIV of the new law, =
entitled,=20
"Homeland Defense Technology Transfer Legislative Provisions," =
authorizes=20
"the Secretary of Defense to create a Homeland Defense Technology =
Transfer=20
Consortium to improve the effectiveness of the Department of =
Defense (DOD)=20
processes for identifying and deploying relevant DOD technology to =
federal, State, and local first responders."<BR><BR>In other =
words, the=20
law facilitates the "transfer" of the newest in so-called "crowd =
control"=20
technology and other weaponry designed to suppress dissent from =
the=20
Pentagon to local militarized police units. The new law builds on =
and=20
further codifies earlier "technology transfer" agreements, =
specifically=20
the 1995 DOD-Justice Department memorandum of agreement achieved =
back=20
during the Clinton-Reno regime.(4)<BR><BR>It has become clear in =
recent=20
months that a critical mass of the American people have seen =
through the=20
lies of the Bush administration; with the president's polls at an =
historic=20
low, growing resistance to the war Iraq, and the Democrats likely =
to take=20
back the Congress in mid-term elections, the Bush administration =
is on the=20
ropes. And so it is particularly worrying that President Bush has =
seen=20
fit, at this juncture to, in effect, declare himself=20
dictator.<BR><BR><B>Source:</B><BR><BR>(1) <A=20
href=3D"http://leahy.senate.gov/press/200609/091906a.html"=20
target=3D_new>http://leahy.senate.gov/press/200609/091906a.html =
</A>and=20
http://leahy.senate.gov/press/200609/092906b.html See also, =
Congressional=20
Research Service Report for Congress, "The Use of Federal Troops =
for=20
Disaster Assistance: Legal Issues," by Jennifer K. Elsea, =
Legislative=20
Attorney, August 14, 2006<BR><BR>(2) <A=20
href=3D"http://www.govtrack.us/congress/bill.xpd?bill+h109-5122"=20
=
target=3D_new>http://www.govtrack.us/congress/bill.xpd?bill+h109-5122</A>=
<BR><BR>(3)=20
Journal of Counterterrorism & Homeland Security International, =
"Recent=20
Contract Awards", Summer 2006, Vol.12, No.2, pg.8; See also, Peter =
Dale=20
Scott, "Homeland Security Contracts for Vast New Detention Camps," =
New=20
American Media, January 31, 2006.<BR><BR>(4) "Technology Transfer =
from=20
defense: Concealed Weapons Detection", National Institute of =
Justice=20
Journal, No 229, August, 1995,=20
pp.42-43.<BR></P></FONT></TD></TR></TBODY></TABLE></CENTER><BR><SMALL></S=
MALL></SMALL><FONT=20
face=3DVerdana,Arial size=3D1><B>:: </B><I>Article nr. 27769 sent on =
27-oct-2006=20
03:18 ECT</I><BR>
<P></P><FONT face=3DVerdana,Arial size=3D1>
<P align=3Dleft><B>:: </B><I>The address of this page is : <A=20
href=3D"http://www.uruknet.info/?p=3D27769">www.uruknet.info?p=3D27769</A=
></I><BR><BR><B>::=20
</B><I>The incoming address of this article is : <BR><A=20
href=3D"http://towardfreedom.com/home/content/view/911/"=20
target=3D_new> towardfreedom.com/home/content/view/911/<=
/I></A><BR><BR><B>::=20
</B><I>The views expressed in this article are the sole responsibility =
of the=20
author and do not necessarily reflect those of Uruknet=20
.<BR></FONT><BR></I></P></FONT></FONT></DIV></BODY></HTML>
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