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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.

(1) and 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


(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 21 - 40 of 60 Add Comment < Page of 3 >

Posted: Dec 18 2006, 2:10 PM

6855 The link in the sources is broken. Someone might want to see about fixing that.

Posted: Dec 20 2006, 10:01 PM

20769 You guys are pottymouths, but I agree with all of you except the Bush
lovers.Bush sucks!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted: Dec 20 2006, 10:05 PM

20769 Do you think that Bush is possesed,´cause we do.

Posted: Dec 20 2006, 10:09 PM

20769 Bush is the anticrist, so bush lovers BEWARE!!!!!!!!!!!!!!!!!!!!!!!!
Also check out our other comments.
Oh yeah, I forgot tosay Bush is u-g-l-y because he has no alaby!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted: Dec 22 2006, 6:13 PM

142162 all you have to do is take out about 1,000 head honchos lock them up ,and remember bush has legalized water boarding so thats allowed you can also hide them,bush said it's o k . we outside the USA cannot do this for you.The land of the free-no more and where are the brave,amongst those who know the truth. i feel sorry for your children. they are going to see their dads act like cowards and my friends they ARE going to hold YOU responsible. what lie will you tell them ? for fuck sake wake up.Bush just gave himself the right to deploy troops within the USA. civil war is next after the next faux terrorist attack. every one who speaks up about what is happening is gone . this is just a stupid Newfie ,from eastern Canada. gotta go. snowing now must go build igloo. HINT:James king, masonic bondsmen 007 masonic 322 so it comes out like this 3.22.007 or22.3.007 .new threat then martial law goodbye you then good by me . so lock 1,000 of the heads up. things will fall apart so fast you will fuck their globalist plan .a little lady practically shut things down by bringing confidential papers dealing with a advertising scandal the heads of our RCMP were dammed as well. etc. etc. etc. oh no! rain now. cave cold.want igloo . heat with three candle. What!

Posted: Dec 29 2006, 6:10 PM

170164 Martial law is Bush's means to protect himself and his fellow criminals when the public finally finds out that it was he, and not bin Laden, who brought down the twin towers on 9/11. Steel does not even come close to weakening at the peak temperatures produced by airline fuel fires, or any other fire, except that of explosives such as thermite and thermate, the materials used to demolish the twin towers. It was planned demolition. It is physically impossible to bring down buildings of that sort with a plane collision. Both WTC buildings were built to withstand multiple hits by similar Boeing airliners. The authors of the Popular Mechanics whitewash in March 2005 were a bunch of paid off liars.

Posted: Dec 29 2006, 9:41 PM

142162 how many of the bastards leaving congress the senate or all those who we know of as being agents of the nwo go home with militaries or police escorts and haw many guards are with them on their way to "WORK"???. if you give it some thought.all your military elsewhere on active duty. which means that thereare not enough left to protect you against martial law and what it is doing to your and their country in their absense.kept in the dark and enjoying their right not to ask questions. time to get in touch with your kids and tell them to get home as fast as possible to protect you the american people from our enslavers. i do not travel in the states anymore .i am simply afraid these days because i blog a lot and not nicely all the the police and firefighters who are ill and dying and still on the job how many more of you will needlessly die before enough is enough.your dead wives, loved ones, children ,best buddies gone. will that do it ? when you finally realise what is going on, it will already be yoo late to do anything about it. sorry but't your choice. take down fema, capitol hill,the pentagon,treasury,. AND don't tell the world, that it is impossible ,with the eastern population being what it is, to get 10,000,000 like minded people who want this to end NOW. we in canada would like as many of you as possible to come to toronto, vancouver,and especially ottawa.all provincial capitols in fact.we will gladly take it from there .one lady brought foward gov. documents and it reached the top levels of our national police force. screwed up the feds for years until they found the fall guy. so please ask all your friends to bring thr truth foward and watch the finger pointing.Good Luck to all who know!!!

Posted: Dec 29 2006, 10:13 PM

142162 question for american soldiers: would you prefer to shoot fellow americans that you don't know while another platoon shoots your parents and loved ones because that is the way it will be. are you just going to shoot everyone that they tell you 'Might" be a terrorist. and when they say canada might have to be taken over to protect the northern boarders are you going to shoot us as are you going to justify it to yourselves.well they're just igloo building savagestheir astronauts train by bungee jumping while building the canada space arm in an abandoned bear cave in their spare time,EH! that's it for this site tonight.Think about it .i almost forgot you're not allowed to say any thing !
you're not allowed to question or you're court marshaled.answer anyone???

Posted: Jan 03 2007, 11:24 AM

6830 Dude,all this whining and bitching about bush*t and Co. isn't even credible. Why are you SO concerned with it NOW??? This type of governmental intrusion has been happenening for, oh gee, ........forever? Where were you during Vietnam? El Salvador? Guatemala? Why is this such a big deal now???? And WHY ,WHY do you bother voting if you know it to be a fraud? Impeachment does not work for a selected moron. Impeachment only works for a real election. When have we ever had one of those?
The gilded cage being constructed for us is still.......a cage. The golden necklace around your neck is .........a rope. and yet you keep "paying" for it? (taxes) I find it difficult to take you seriously.

Posted: Jan 29 2007, 1:57 PM

69167 It certainly is not about opposing parties - Republican or Democrat. It is as the person said above about who holds the money in this country????? The Federal Reserve, which by the way is a privatized institution and owns our government. Go back to World War II and start looking at the families that owned the will see the family ties down through the generations. JFK before his assissination, had let it be known that he was no longer going to allow the Federal Reserve to charge the government interest and was in the process of dismantling the CIA, which by the way was originally a private self appointed institution.

Posted: Jan 29 2007, 6:47 PM

69167 "Why are you SO concerned with it now?" I say, IF NOT NOW, WHEN?????
I cannot see how our country can be so blind about what is happenig to us??? People are self-absorbed and in denial. We have been losing our civil liberties since Kennedy was assissinated. We have watched our own government kill our president, Martin Luther King, RFK, stood by while the government covered it all up before our eyes. We have been dragged through senseless wars, already have lost our right to a fair voting system, having to tolerate a man for two terms that we didn't even choose, inside job of the WTC and lost our loved ones, more bizarre wars, now the government can declare martial law because Bush signed it into being behind the backs of our Congressmen. Only one congressman spoke out against it, Leahy from Vermont. Do you know that we have concentration camps in the US? Who do you think they are for? We turn a blind eye to the CIA being the biggest drug smuggler in the US? We as American citizen's need to do something before it is too late. Perhaps it already is with the Presidents power to declare martial law. IF NOT NOW, WHEN????? We need to stand up and own our country........Is this the land of the free? Our ass's are currently owned by the Federal Reserve and big corporations. We can't even get the real news anymore, except on the net and they are trying to control that too.

Posted: Jan 31 2007, 1:38 AM

2480 Yo GLOBALSTOMP- I'm not even American but I couldn't agree with you more about the analyzing a-hole. As someone living outside the US I find it pretty damn crazy that awareness is maybe not where it should be. no offense of course... I used to love the States, but I will never visit again, naturally. I have too many worries about being put away for my internet explorations.

Posted: Jan 31 2007, 5:12 PM

69167 What you have to understand is that all our media is controlled by the government. The media has slowly been bought up by the corporations that actually own the government. News reporters lose there jobs if they step out of line. The only thing we have left is the net and they are in the process of trying to gain control over that. The mainstream media airs none of what you see on net on the television stations and on top of that they put out the notion that anyone that believes other than what they air is a conspiracy nut. If someone actually gets the public to take them seious the government sets about to ravage the persons character. Another thing is that our country has told us over and over and over again that we are the greatest nation of a free and functioning democracy. The majority of our country doesn't know all of the things that are going on. People become outright agressive towards people that question our government, accusing us of being unpatriotic. This is unbelievable because that is why our ancestors came here - to be free of the government. It is patriotic to question and challenge things. Our government is constantly telling us we are free and they are doing all they can to protect us. It must be like brainwashing or something. I have never been a follower of any establishment. I usually get annoyed at the way dumb everything down. Where else in the world is different? Where would you move to? This is what I wonder. Yah, I have been allover the net lately -- I know they probably have alerts when people go to "undesirable" sites frequently.

Posted: Apr 04 2007, 10:00 AM

21679 There is need to get up in arms, the fight is still with paper. We just all need to unite as people who want what is right. I am just not sure how to let every one know the truth.
The constitution is what protects us and we need to get the changes undone.

9/11 Mysteries
This is a google video about the world trade centers and how it was a controlled demolition.
Concentration Camps being built for U.S citizens
USA Concentration Camps, The US government says they are for illegal immigrants.
Link is to long
Concentration Camps
Another video on Concentration Camps. When camera men tried to film these immigrants, they where told to stop filming.
This Video covers a few issues and summarizes.
controlled demolitio

Posted: Apr 09 2007, 8:29 PM

7176 sounds like Martial Law to me.. i'm in the Guard.. it used to be under command of the governor.. the Guard used to be the state militia.. now it's an under-trained Federal mock Army..

Posted: Apr 28 2007, 1:15 PM

69247 You cannot let them take your guns, America....If they take your guns, you are screwed. Fight the socialists until the very last!
Just Me

Posted: May 06 2007, 8:42 AM

6947 Silly of him to wait for 6 years after he is in office to erase a bill that could allow him to rule over America. I worry about the next President and what he or she will do with the new law!!!!!!!!!

Posted: May 06 2007, 12:18 PM

"Silly of him to wait for 6 years after he is in office to erase a bill that could allow him to rule over America."

Planned election? Too soon to tell? I hate having to assume the worst about these people, but the worst has come despite my optimism.

Posted: May 27 2007, 2:35 PM

66218 Yo, check your books,
MARTIAL LAW was never repealed. Since the Civil War, Martial Law has been intact and unenforced.

thank you... thankyou...

Posted: Jul 23 2007, 4:59 PM

70142 Mr. Dick knows when the next "terrorist attack" is going to hit America. He is planning it right now.
Comments 21 - 40 of 60 < Page of 3 >

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