posted December 13, 2006 12:51 PM              

Written by Frank Morales
Thursday, 26 October 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.

http://towardfreedom.com/home/content/view/911/

posted December 13, 2006 02:00 PM            

First, whoever wrote this piece of trash misquoted The 1878 Act, which they said 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,"

In the aftermath of Katrina, in the aftermath of the bungling of the governor..Blanco, who was more concerned with how she looked on television than getting state officers, state responders and the Louisiana National Guard into New Orleans immediately after Katrina, we find Governors are not necessarily better equipped to handle emergencies within their states. Far from it. Katrina exposed the bungling, the incompetence of the Governor as well as the Mayor of New Orleans who left thousands stranded with water up to their rooftops while 500 city busses and school busses were sitting in city parking lots.

Lastly, this was not a seizure of power by Bush. This Act went through the usual House and Senate committees and was voted for by both the House and Senate. The Senate democrats could have filibustered the bill if they disagreed with its provisions.

posted December 13, 2006 02:19 PM            

__________________

LMAO....

Air Force LOL.... There was no "Air Force" until after World War II (before that they fell under the Army - Army Air Corps). The actual birthdate of the Air Force is September 18, 1947 (hee hee.. being married to a sexy Leo Military man has LOTS of benefits... information is just one of them... thank you honey!!!)

"In 1918, upon the United States' entry into World War I, the first major U.S. aviation combat force was created when an Air Service was formed as part of the American Expeditionary Force (AEF). Major General Mason Patrick commanded the Air Service of the AEF; his deputy was Brigadier General Billy Mitchell. These aviation units, some of which were trained in France, provided tactical support for the U.S. Army, especially during the Battle of Saint-Mihiel and the Meuse-Argonne offensives. Among the aces of the AEF Air Service were Captain Eddie Rickenbacker and 2nd Lieutenant Frank Luke."

In fact... according to this website- the first flight took place in December 1903 (Go Saggies) but there is evidence surfacing that there may have been a flight in 1901 by Charles Furras:
http://www.didyouknow.cd/wright.htm

The first Army Air Corps plane?

On December 23, 1907, the Signal Corps issued Specification No. 486 and requested bids. A copy of the specification was sent to the Wright Brothers on January 3, 1908.

In 1908 the Aeronautical Division, at the intercession of President Theodore Roosevelt in the acquisition process, purchased a nonrigid dirigible from Thomas Scott Baldwin for $6,750, and an airplane from the Wright Brothers for $25,000. Secification No. 486 required both types of airships be able to carry two persons. The dirigible had to be able to carry a load of 450 pounds and reach a speed of 20 mph while the airplane's requirements were a load of 350 pounds, a speed of 40 mph, and a flying distance of at least 125 miles.

_____________________________

Now, why did I post this? Because if a person making a huge statement and supplying evidence can't even get a simple fact correct concerning the AF (basically the author was trying to add more of an impact and fear for those reading the article) then I have to use logic to determine his entire article is full of BS..

posted December 13, 2006 02:27 PM              

********
Posse Comitatus Act

quote:

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Sec. 1385. - Use of Army and Air Force as posse comitatus

"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".

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posted December 13, 2006 02:32 PM            

http://en.wikipedia.org/wiki/United_States _Air_Force#Aircrafthttp://en.wikipedia.org/wiki/Aeronautical_Division%2C_U.S._Signal_Corps

****Edited to add******
PS.. the Author was quoting the act of 1878.... not the act as it had changed...

Then again... You are probably the author of the article aren't you? Hmmmmmmmmmmmmmm... now it makes sense......

posted December 13, 2006 02:33 PM            

That's the reason they are mostly released, disappear back into the crowd and skip their immigration hearings.

Let's see, you equate this act to American "imperialism"?

Hahaha, "imperialism" yes, the US is consolidating control over it's own borders. You're going to have to do much better than this to pass the giggle test.

BTW, is Frank Morales the moron who says the insurgency/terrorism in Iraq is directly controlled by the United States? In other words, the entire so called Iraqi civil war is a US inspired and controlled event?

Would you care to discuss the state of the United States Air Force in the year of our Lord...1878

posted December 13, 2006 02:44 PM              

quote:

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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."

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quote:

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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."

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posted December 13, 2006 03:01 PM              

President Bush, showing in full bloom the instincts that make it clear that whatever he is politically he is not a conservative of the traditional limited-government or Constitutionalist variety, has lofted a trial balloon to promote the idea of having the military play a more extensive, earlier and perhaps even primary role in handling future disasters. The fact that he has mentioned it more than once, and that press secretary Scott McClellan has discussed both that idea and the idea of bypassing governors when disaster strikes, suggests that the notion is not just something that popped into his head on the spur of the moment.

The president (like most presidents but to an exaggerated degree) almost always seeks to expand and enhance the power of the national government when an opportunity presents itself in which such power grabs can seem like a relatively logical response. We see a pattern explained most thoroughly by Robert Higgs in his now-classic (at least in certain circles) book, Crisis and Leviathan.

At least during the 20th century Higgs discusses, federal power has expanded during times of crisis – mostly wars but also economic emergencies like the Great Depression – when such expansion seemed at least tolerable, even plausible, to most Americans. When a war or crisis ended, gestures were made toward returning to a constitutional republican form of governance by offloading some of the “emergency” powers. But some of the extraordinary powers remained in place and became not only permanent, but part of the status quo that seemed “normal” to most Americans once they got used to it – or simply the way things are for younger people or those without much sense of history.

Thus over the course of the century not only has the power of the central government expanded exponentially, but a central government whose power and prerogatives the founders would not recognize, and which would frighten most of them, has come to seem just the way things are – indeed, the very definition of “freedom and democracy” that most Americans assume we have and which is the best and freest form of government possible. So more power for the feds has become the “natural” first-reach instinct of almost every national politician of either major party in the face of a perceived crisis (even a crisis arguably caused or at least contributed to by bloated government, as I have argued both 9/11 and Katrina were).