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Analysis posted Oct 28 2006, 6:48 AM Category: Tyranny/Police State Source: Toward Freedom Print

Bush Moves Toward Martial Law

By Frank Morales

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.





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Comments 1 - 20 of 64 Add Comment Page of 4 >
Anonymous

Posted: Oct 28 2006, 2:18 PM

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68116 FUCKIN TRAITOR BASTARD SHOULD BE TRIED FOR TREASON NOW!!!!!!!!!!!!!!!! CALL UP THE MILITIAS THE WAR HAS FUCKING STARTED!
John Blossom

Posted: Oct 28 2006, 2:55 PM

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6786 This is a truly evil event.

We had a coup d'etat in 2000, and the insurrection at the ballot box was squelched in Ohio in 2004. Now this government intends to do away forever with the thin veil of democracy behind which it has stood.

It may be too late. Even if Democrats win they've established precedence in the Bilbray vs. Busby special election to ignore the vote altogether. Brian Bilbray was sworn in as Duke Cunningham's replacement in Congress by Dennis Hastert BEFORE HIS ELECTION RESULTS WERE CERTIFIED - to avoid issues regarding the potential manipulation of electronic voting machines. The excuse used for this was a very questionable interpretation of the U.S. Constitution which claimed that only Congress could determine the credentials of a representative. In other words, as long as the Fascist elements remain in power they will be able to declare any election at the Congressional level null and void.

The American people have no one to blame for this but themselves. Hitler did not rise to power by crushing the German people: he duped them to the point that they welcomed him with open arms.

As I've mentioned before, ours is a democracy born from bloodshed and ideas. The government is challenging us to think that their willingness to allow Americans to risk their blood will be stronger than the idea of democracy. We have proven that wrong time and again in this country, from the War of Independence to the battles for civil rights and beyond. Let's pray that it doesn't come to that - and let's pray even harder that this cowardly piece of legislation slipped into a bill that yet again has escaped the notice of the public does not go unnoticed.

Act up - spread the word - this issue is EXTREMELY important to the future of our nation.
Tardigrade

Posted: Oct 28 2006, 5:24 PM

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8188 Is there no way of sacking a president before his time is up? Why doesn't the American people just revolt? This has nothing to do with politics or conspiracies, just hidden and personal agendas, fear, evil if you will, and possibly also mental illness.

The question is though who's most evil, Bush or Cheney.

Can't Americans be put in jail for war crime? Isn't it time now?
Anonymous

Posted: Oct 28 2006, 10:47 PM

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66220 Hey folks - I read the actual bill and did not find the references stated here. I am as frustrated about the shredding of the Constitution as anyone, but I don't believe this does anything that this article states. This is what is specified...

(Sec. 1042) Revises federal provisions allowing the President to utilize the Armed Forces in connection with interference with federal and state law to allow the President to employ the Armed Forces and National Guard in federal service to restore public order in cases of natural disaster, epidemic or other public health emergency, terrorist attack or incident, or domestic violence. Requires the President to notify Congress within 14 days of the exercise of such authority. Authorizes the President, when exercising such authority, to direct the Secretary to provide supplies, services, and equipment to persons affected by the situation.
Anonymous

Posted: Oct 29 2006, 3:01 AM

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64246 Buy guns. Even if you don't think you'll use them. Thank God we have that right. That may disappear, too.
globalstomp

Posted: Oct 29 2006, 2:40 PM

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TO THE CHICKEN NECK ANONYMOUS POSTER: DO YOU HAVE A PROBLEM WITH READING THIS VIOLATION OF POSSE COMITATUS? (Sec. 1042) Revises federal provisions allowing the President to utilize the Armed Forces in connection with interference with federal and state law to allow the President to employ the Armed Forces and National Guard in federal service to restore public order in cases of natural disaster, epidemic or other public health emergency, terrorist attack or incident, or domestic violence. Requires the President to notify Congress within 14 days of the exercise of such authority. Authorizes the President, when exercising such authority, to direct the Secretary to provide supplies, services, and equipment to persons affected by the situation. LET ME TELL YOU NATURAL DISASTERS CAN BE A KATRINA EVENT OR EARTHQUAKE, TORNADO, ETC. AN EPIDEMIC CAN BE THE PHONEY BIRD FLU OR A SMALL POX OUTBREAK PERPATRATED BY THE REGIME, WHY WOULD YOU NEED THE ARMED FORCES IN THE CASES OF ILLNESS? THEY DON'T HAVE A CURE THEY ARE CARRYING AROUND ON THEIR WEAPONS. MAYBE THEY CAN JUST SHOOT YOU WITH THE CURE. A TERRORIST ATTACK IS A FALSE PRETENCE (LIKE 9/11 AND 7/7) BECAUSE THERE ARE NO TERRORIST COMING TO GET US THEY ARE IN THE WHITE HOUSE. AN INCIDENT CAN BE ANY DRUMMED UP FAKE INCIDENT AS WE HAVE SEEN IN THE RECENT PAST ( LIKE THE 10 MENTALLY CHALLENGED PERSONS CALLING FOR A COMPLETE GROUND WAR AGAINST THE UNITED STATES?) CAN BE SEEN AS AN EXCUSE TO DECLARE MARTIAL LAW. IN THE CASE OF DOMESTIC VIOLENCE THIS CAN BE TWISTED A NUMBER OF WAYS SUCH AS PROTESTING IN THE STREETS AFTER THE AMERICAN SLEEPING PUBLIC (SHEEPLE) REALIZES THEY HAVE BEEN SCREWED BY THE DICTATOR BUSH. THIS BILL ALSO REQUIRES THE PRESIDENT TO NOTIFY THE BOOTLICKING CONGRESS WITHIN 14 DAYS OF THE EXERCISE OF THE ACT WHICH WILL BE TOO LATE AFTER IT'S BEEN IMPLEMENTED. DO YOU REALLY BELIEVE WITHOUT THE BILL OF RIGHTS, HABEAS CORPUS AND THE CONSTITUTION WE HAVE ANY RECOURSE? BUSH IS TAKING AWAY THE VERY FREEDOMS HE FALSELY PRETENDS TO PROTECT. I GUESS COMPREHENSION ISN'T ONE OF YOUR STRONG POINTS.
glioblastoma

Posted: Oct 29 2006, 2:59 PM

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68116 To Tardigrade it's called impeachment but the spineless democrats have already said they will not seek impeachment. Bill Clinton can put his dick in the mouth of Monica Lewinsky and get impeachment proceedings started, but the very acts of treason, war crimes against humanity, and violation of the oath of office can't? It's the friggin twilight zone in the oval office and the best we can hope for is to vote libertarian or independent ONLY, unless as they plan they will steal another election from the Sheeple. (diebold). The whole cabinet and three branches of government are corrupt, they are all criminals. This is not about the phony good vs. evil it's about the overthrow of this government and the shredding of the Constitution and bill of rights and the death of habaes corpus. The real terrorist are in the White House and that is NO EXAGGERATION
globalstomp

Posted: Oct 29 2006, 3:13 PM

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Please remove that cocksuckers smurking face from this site. It's my home page and as soon as I start my computer it puts me in a foul mood. I can't even stand to look at that treasonist bastard prick standing next to our flag. NOW, There's one flag that should be burned to exorcise the demon that touched it.
Education4All - The

Posted: Oct 30 2006, 12:00 AM

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149169 Well it's either clear that globalstomp doesn't know what posse comitatus is or their actually one of those crazy fucks. Posse comitatus is "the authority wielded by the county sheriff to conscript any able-bodied male over the age of fifteen to assist him in keeping the peace or to pursue and arrest a felon." In the US, posse comitatus refers to radical groups that are usually anti-semetic, refuse to pay federal taxes and have been implicated in the unwarrented killing of US Marshalls. Perhaps you ought to research what it is that is going on before you fall in line with your party's rhetoric. The reason this has to happen is that governors like Blanco get into power struggles with the Fed and it just causes more death as people argue for their credit before the problem is even solved.
Anonymous

Posted: Oct 30 2006, 2:02 PM

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6835 I don't worry about all this marshall law balony. The "President's Military" - he is the commander-in-chief and, over the last six years, has demonstrated he controls it as his personal toy - is a paper tiger as evidenced by the mess in Iraq: the U S Military, with all its expensive technology, thanks to the USA taxpayer, has been unable to secure a third world country. If they can't control Iraq, there's no way they could control the average independent, outspoken USA citizen. Given an objectionable order from some puffed up soldier, any one of us would respond with the Chenyism: "Go fuck yourself."

So folks, don't worry. Those idiots back in DC run around in their own ether, make a lot of proclamations about nothing and haven't a clue about the real world.
Anonymous

Posted: Oct 31 2006, 12:38 PM

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199103 Katrina? I guess if people blamed Bush instead of the State of Louisiana, and/or the City of New Orleans, then not having this done earlier would be what he was guilty of. I am not sure this is the first time something like this has happened. I think that there was a lot of Federal Troops taking over states during the Civil War, including a use of Federal Troops to take down a riot on Manhattan. As with all of these laws (including the Patriot Act, the Torture Bill, etc), none of them are constitutional ammendments, and if they are seen to be unconstitutional by the Supreme Court (even years after the fact), they can be declared unconstitutional.
Anonymous

Posted: Oct 31 2006, 11:03 PM

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70185 Anyone reading this article needs to contact their senator and congressman to repeal these laws. Additionally, every American citizen needs to view the movie at the following website: www.freedomtofascism.com

We must inform as many people as possible to the evil that is being done to all Americans.

May G-d help us to get this message out quickly and that people will be willing to listen.

Texan4Bush

Posted: Nov 08 2006, 10:48 AM

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89 There are so many of you "One Man Jury's" out there that you fail to see what this man is trying to do with the true concept of this law. There was so many of us critisizing our President and Federal Government for the way it responded to Katrina and several issues that still come up in question about 911. If we as Americans are going to critisize then we better damm well step up to the pump and be a part of the solution. THE ONLY WAY THIS PRESIDENT CAN AVOID THESE PROBLEMS THAT ARISE AFTER A NATIONAL DISASTER IS TO TO SOMETHING TO PREVENT THOSE PROBLEMS. The local governments, the state governments especially in Lousianna during Katrina needed alot more assisstance than what they said they needed before Katrina hit. THAT WAS ARROGANCE TO THE HIGHEST DEGREE. To make sure we get what we need...when we need need it, President Bush stepped up to the pump and hit a fast ball out of the park with a team of Senators and congressmen behind him that know governing is prioritizing the crucial problems of this country. THERE ARE SO MANY OF YOU HIPICRITS OUT THERE THAT COMPLAIN AND WHINE WHEN THINGS GO WRONG AND YOU CAN'T GET WHAT YOU NEED DURING A DISASTER, YOU CAN'T STAND UP AND TAKE NOTICE AND COMPLEMENT "THE MAN" when heis trying to fix a problem that none of you would even attempt to do but make people think and over exaggerate his intentions.....COULD SOME OF THE THINGS HAPPEN THAT WERE STATED IN THIS ARTICAL ''YES'' THEY COULD AND SOME PROBABLEY WILL. BUT REMEMBER ONE THING.........IF THIS MARTIAL LAW IS BEING ORDERED AT A CERTAIN EVENT THAN THIS COUNTRY IS IN A WORLD OF HURT ALREADY AND NO MATTER WHAT YOUR RELIGIOUS BELEIFS ARE GET READY BECAUSE WE WILL ALL BE JUDGED. IN STEAD OF CRITISIZING GET OFF YOU ASS AND HELP. VOLUNTEER WITH THE RED CROSS, UNITED WAY OR ANY DISASTER NON-PROFIT ORGANIZATION AND WATCH WHAT PEOPLE GO THROUGH WITH NO HELP. i APPLAUD PRESIDENT BUSH AND THE SENITORS AND CONGRESSMEN THAT BACKED THIS LEGISLATION BECAUSE AT LEAST THE ARE TRYING TO COME UP WITH A SOLUTION..
Anonymous

Posted: Nov 11 2006, 10:57 PM

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75193 I guess really everyone IS allowed to post here.
Anonymous

Posted: Nov 16 2006, 3:14 AM

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66242 EVERY KNEE SHALL BOW....
il gatto

Posted: Nov 17 2006, 4:30 PM

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24232 hehehe it's always amusing how pro-bush people always mispell some critical words: here texan4bush wrote "HIPICRITS" and "SENITORS", and the other day some girl wrote "intelligant".

(i'm not trying to say anything about the actual content of the writings, it's nonsense with or without mispellings)

anyway, t4b has a point, here from argentina i always hear american'ts whine and bitch about bush admin, yet he's been 6 years in the white house. we are no example of goverment, ours is between the filthiest of the world, but look what we did when the village idiot got elected: we went to the pink house (the equivalent to the white house) and kicked him out. almost 30 people died those days (december 19 and 20, 2001), but now we're better.

now: how many americans died for bush? the ones victims of his neglectance (WTC) his greed (soldiers and civilians in middle east, and let me include iraqi soldiers and civilians in that list), and his bigotry ("hate" crimes throughout america). look for the answer, and while you're at it, have in mind that those figures are people, that each number is one more family torn apart (in some cases literally)

'nyway...

peace

il gatto
ShadowReign

Posted: Nov 20 2006, 1:22 PM

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To whom it may concern,

While we may not all agree on globalstomp's intepretation of the martial law implications that Bush has concocted, we must agree with one thing global has put forth. He is willing to speak from his heart what he believes to be his perception of the truth, and while it may be just a perception of the truth, he is still entitled to it. It all comes back to the basic principles of free speech.

Global, I hope you keep on going, as much and as often as you can. I, for one, appreciate what you have to offer. We all spend far too much time talking about the ridiculous acts the administration has pulled and not enough actually doing something about it.

Remember, we put them in office. If they fail to perform as WE expect them to, it is our job to pull them out.

Think of it this way: We are legally entitled to get in our cars, drive to Washington and pull Bush out of his chair and replace him with another official that we deem acceptable to our way of life and by the Constitution, there is nothing that can be done to stop it from happening.

So why hasn't anyone done that yet....
Let it be

Posted: Nov 20 2006, 9:15 PM

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72251 I've always found it quite amusing, the all consuming rhetoric of the pros and cons of the political arguements. It's all so much bullshit when there is only one solution. It's should seem obvious, but for some reason it evades the intellect of the average american. If we were to cut down a tree in most cases that tree will continue to survive and grow again simply because we failed to cut off the roots. The root in this case is the money from which the power is derived. Now this may sound rather inane, but, it was rather obvious to the founders of the constitution as can seen upon an examination of book three of the Federalists Papers. Dare I suggest you folks become educated. Let us stop all the bullshit.

Henry Ford was quoted as saying, "It is well enough that the people of the nation do not understand our banking and monetary system for, if they did, I believe there would be a revolution before tomorrow morning."

The fear of our founders has become the reality of today.
JMSNYC

Posted: Nov 29 2006, 3:37 AM

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2490 We are in an age of apathy! Our college students play video games, eat well, party, and have little insight to the perils that we may face. Without the aid of this group, we will never win this true struggle of good vs. evil. We need them since they have the time to protest, fight, and change for the betterment of not only themselves but the entire world. Many of us have jobs and most of all responsibilites to our families-We CAN still do our part but we need the young, those who have time...Those with the ability to surrender to a cause that may one day save the world. Do we remmber vietnam? How young men and women-through grass roots movements changed governemnt policy? Where are the people who care? Where are the people who are still intectual and want a world of peace-or least without war, death, greed, and destruction. Consider this: We are one and.... from one- many! We must find a way!
Anonymous

Posted: Dec 12 2006, 12:35 PM

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71226 il gatto CHECK your own spelling...Pls.
SHOWS YOUR OWN I-N-T-E-L-L-I-G-E-N-C-E ...duh !!!
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