Hidden Inside The Defense Bill: Making Martial Law Easier

[Jcrowley]

Making Martial Law Easier


Published: February 19, 2007
A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night. So it was with a provision quietly tucked into the enormous defense budget bill at the Bush administration’s behest that makes it easier for a president to override local control of law enforcement and declare martial law.

The provision, signed into law in October, weakens two obscure but important bulwarks of liberty. One is the doctrine that bars military forces, including a federalized National Guard, from engaging in law enforcement. Called posse comitatus, it was enshrined in law after the Civil War to preserve the line between civil government and the military. The other is the Insurrection Act of 1807, which provides the major exemptions to posse comitatus. It essentially limits a president’s use of the military in law enforcement to putting down lawlessness, insurrection and rebellion, where a state is violating federal law or depriving people of constitutional rights.

The newly enacted provisions upset this careful balance. They shift the focus from making sure that federal laws are enforced to restoring public order. Beyond cases of actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or to any “other condition.”

Changes of this magnitude should be made only after a thorough public airing. But these new presidential powers were slipped into the law without hearings or public debate. The president made no mention of the changes when he signed the measure, and neither the White House nor Congress consulted in advance with the nation’s governors.

http://www.nytimes.com/2007/02/19/opinion/19mon3.html?_r=2&oref=slogin&oref=slogin

[niceypoo]

1. The fact that they are grabbing this sort of power at the end of his final term should raise alarm

You combine this with the fact that they are trying to ignite a major conflagration in the middle east shows that they are stupid enough to attempt to seize control of the government in 08, citing national emergency and imposing martial law. I say, go ahead and try Neocons, march on congress. Doing something that stupid would surely spell the end of the republican party and america would emerge stronger because of it.

[itsmesgd]

2. I've been screaming about this for a while now

only to be told that I'm a nut job and that it (martial law) will never be declared here. Then why has he made it easier for him to take these measures if he'd not thinking about it in the back of his head somewhere? We've had it very good for such a long time now that people believe we could never fall on bad times. How long did Rome live as the pinacle of society only before they too came crushing down to the ground? They never thought that they would fall from grace. We seem to think that we are better than the rest of the world.

[solara]

9. I agree with you and we are not alone in being very concerned about this

Unfortunately, I think this issue has had some problem getting the attention it warrants..it is still, for some reason, considered a "tin foil" topic...

"Hill’s National Guard Advocates Hold News Conference
To Protest DOD Bill’s Proposed Decisions On National Guard
’Empowerment’ Steps Likely To Be Dropped, While Provision Threatening State Control Likely To Be Added" 

http://leahy.senate.gov/press/200609/091906a.html


There is also a website called "Finger.com" The people there were trying to generate awareness about this bill.


"On October 17, 2006, you lost some of your most important rights -- because of Section 1076.
Now the President can call together a national police force.
Now the President can more easily impose martial law.
Now the President can more easily suspend your constitutional rights.
  • Your right to free assembly.
  • Your right to bear arms.
  • Your right to due process of the law.
There’s a word for that: dictatorship. Rule by fear.
We shouldn’t have to trust that the President won’t abuse this law. "

More here:

http://finger2006.com/index.html (Federalists for Independence in National Guard Emergency Response)

It doesn't look like this site has been updated, but the information is still there.

[Bobbieo]

12. I was also ridiculed ,here, when I raised the possiblity

of Bush declaring martial law. Hey - Don't bet against it!!!

[Morgana LaFey]

19. Only the uninformed DUer would say that to you

And they'd better GET informed, and quick, IMO.

This makes me just nauseous. And I wonder if our fine Congresspeople even have a freakin' clue.

[cui bono]

24. You are not alone. I've been worried about this since it passed.

I don't think it's Bush that has it in the back of his mind though, I think Cheney has it on his mind every moment and has been planning this so that it's all ready to go when it's time for them to leave office and they refuse to go.

Have you heard the rumblings that they will probably wait until spring of 2008 to attack Iran? That gives them enough time to get the Middle East in a state of chaos and yet not enough time for anyone to try to rectify it before they say oops, martial law, no elections, must remain in power to deal with this.

They've stolen elections, broken the law in countless ways, destroyed the constitution, why wouldn't they do this?

[emald]

25. "Why wouldn't they do this?" is exactly the right question

imho. They have broken every other taboo regarding the operation of our once great country. It is my belief that this cabal running our country will not give up power. They face legal ramifications for their crimes. chinney in particular has declared himself king, but in the background, quietly. Leader chinney doesn't love or respect the constitution, this has been amply displayed. Why would they give up the throne?

[cui bono]

27. Hopefully the rest of the world will give us a regime change if it happens.

[babylonsister]

3. Sent to KO; would be nice if SOMEONE covered this. K&R. nt

[rodeodance]

4. congress asleep AGAIN??????

......and neither the White House nor Congress consulted in advance with the nation’s governors.

[gratuitous]

15. Well, the legislation WAS passed in the middle of the night

And all those martoonis make a fella mighty sleepy, you know.

What I'd like to know is just who wrote these insidious little passages? More out-of-control staffers from Arlen Specter's office? Or was this some more of that spooky self-writing legislation that nobody knows how it got there, but it's the law of the land now, and we all have to obey the law, don't we? Or do you want to see a breakdown of all the laws and let the terrorists win?

[northamericancitizen]

5. Recommended. nt

[rodeodance]

6. but-----"There is a bipartisan bill,........"

There is a bipartisan bill, introduced by Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri, and backed unanimously by the nation’s governors, that would repeal the stealthy revisions. Congress should pass it. If changes of this kind are proposed in the future, they must get a full and open debate.

[wildbilln864]

7. kicked....

& recommended! :hi:

[Jcrowley]

17. Here's a bit more

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 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."

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

This will really play out in the near future as energy supplies dwindle and social unrest increases.

:hi:

[bonito]

8. K&R

[eppur_se_muova]

10. Aren't these obligatory with the current Congress ? Every bill seems to have one. nt

[madrchsod]

11. the brits came up with a govenor doing this...

this was the story line on last night`s "the state within".

[nam78_two]

13. K&R

:scared: :scared: :scared:

[nam78_two]

14. ...

:kick:

[AnnInLa]

16. You guys may remember that during the Katrina debacle,

the feds wanted LA governor Blanco to cede the state's authority to them, but she wouldn't....and you know what then happened. But, later at the annual Governor's meeting (don't know what it is called), all the governors sent GWB a signed letter opposing just what the OP stated above, even Jeb was against it. Feds stated that during a natural disaster, like Katrina, it is necessary to have a clear line of authority, with the feds trumping the state's authority. (And, for other nefarious purposes as well, I'm sure.)

[moodforaday]

18. knr

Thanks for the find!

[MasonJar]

20. I am of course against these policies and yet it will be fun to see

the PUGs croak when we get a Democrat for pres in 2008.

[Prophet 451]

21. Would the last person to leave the US please turn out the lights?

At this rate, it'll be a minor miracle if the 2008 election even happens. So far, Chimpy (or rather, his handlers) have the laws in place to declare martial law, suspend elections, imprison dissidents indefinatly without charge or trial, spy on anyone at any time for any reason, torture anyone they dislike, a VP's office which is apparently unaccountable to anyone and either bypass or ignore Congress. Is it time to change the name to ISCA (Incorporated States of Christian Americans) yet?

Arguing about getting a Dem president in 2008 rather misses the point. At this rate, there won't be a 2008 election or any other either. The admin now have near unlimited power over the important stuff. If Bush dies or steps down, Cheney assumes (official) power, he appoints a VP with similar extremeist views and on and on. Pax Americana, forever and ever, amen.

[petgoat]

22. The World Can't Wait--Drive Out the Bush Regime!

YOUR GOVERNMENT, on the basis of outrageous lies, is waging a murderous and utterly illegitimate war in Iraq, with other countries in their sights.

YOUR GOVERNMENT is openly torturing people, and justifying it.

YOUR GOVERNMENT puts people in jail on the merest suspicion, refusing them lawyers, and either holding them indefinitely or deporting them in the dead of night.

YOUR GOVERNMENT is moving each day closer to a theocracy, where a narrow and hateful brand of Christian fundamentalism will rule.

YOUR GOVERNMENT suppresses the science that doesn't fit its religious, political and economic agenda, forcing present and future generations to pay a terrible price.

YOUR GOVERNMENT is moving to deny women here, and all over the world, the right to birth control and abortion.

YOUR GOVERNMENT enforces a culture of greed, bigotry, intolerance and ignorance.

People look at all this and think of Hitler - and they are right to do so. The Bush regime is setting out to radically remake society very quickly, in a fascist way, and for generations to come. We must act now; the future is in the balance....

http://worldcantwait.net/index.php?option=com_content&task=view&id=2538&Itemid=2


Demonstrate March 17!

[lala_rawraw]

23. I am surprised

they have not formally announced Congress null and void:(

[Jcrowley]

26. Military Commissions Act of 2006 – Turning bad policy into bad law

UNITED STATES OF AMERICA
Military Commissions Act of 2006 – Turning bad policy into bad law



In recent days, human rights violations perpetrated by the USA throughout the "war on terror" have in effect been given the congressional stamp of approval. With the passing of the Military Commissions Act of 2006 by the US House of Representatives on 27 September and the Senate on 28 September, Congress has turned bad executive policy into bad law. This document looks back on the evolution of the executive’s "war on terror" detention policies, in order to illustrate the sort of violations in which Congress, through inaction and now legislation, has become complicit. Amnesty International will continue to campaign for the USA’s "war on terror" detention policies and practices to be brought into full compliance with international law, and for repeal of any law that fails to meet this test.

On 21 September 2001, Amnesty International faxed a letter to President George W. Bush. The organization urged the President to put respect for human rights and the rule of law at the heart of his country’s response to the crime against humanity that was perpetrated on 11 September 2001. "In the wake of a crime of such magnitude", the letter said, "principled leadership becomes crucial… We urge you to lead your government to take every necessary human rights precaution in the pursuit of justice."

Amnesty International deeply regrets that its appeal fell on deaf ears. The past five years have seen the USA engage in systematic violations of international law, with a distressing impact on thousands of detainees and their families. Human rights violations have included:
Secret detention
Enforced disappearance
Torture and other cruel, inhuman or degrading treatment
Outrages upon personal dignity, including humiliating treatment
Denial and restriction of habeas corpus
Indefinite detention without charge or trial
Prolonged incommunicado detention
Arbitrary detention
Unfair trial procedures

Yet at the same time, US officials have continued to characterize the USA as a "nation of laws" and one that in the "war on terror" is committed to what it calls the "non-negotiable demands of human dignity", including the "rule of law".

It is tempting to resort to accusations of hypocrisy, particularly when the USA itself condemns the very same practices if carried out by other countries. But in seeking to challenge US conduct, perhaps it is more useful to consider how vulnerable the law is to elastic interpretation, manipulation or selective application by the state. And that, for better or worse, a government can use policy to drive the law rather than vice versa. In the USA’s case, a long-held resistance to applying international law to its own conduct compounds the problem.

http://web.amnesty.org/library/index/ENGAMR511542006

[donkeyotay]

28. It's not Constitutional to have privatized legislation in the middle of the night

It's insufficient to coming along after the fact and try to reinstate the law before someone privatized it. But if Congress can't put a stop to this, then by all means, someone slip in the impeachment of this motherfucker already. Put it in some veto-proof must-do bill.