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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 41 - 60 of 60 Add Comment < Page of 3
motherintexas

Posted: Aug 07 2007, 10:41 PM

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490 The scariest thing about all of this is not the things we don't know..it's the things we do know...like how the government cares more about itself than it does us, that our 'leaders' are puppets, and that our blood means nothing to them. Everyone gets into arguments about what a particular law says, and what Bush's true intentions are. What does it matter now? The government has been destroying this country from the inside out for years. They have created an economy based in other countries that will not support itself for even another five years. I can count the people I know that have healthcare on one hand, and those that have savings on the other. We live in fear of disease and terrorists we only see on video. Our food is constantly becoming contaiminated. When the collapse comes, the government will seize control with ease no matter what bill says what. We will be glad to get food we are told is safe, and shots from all the bad diseases, and protection from all the bad terrorist. Government saves the day. When the truth is they are funding the terrorists, (do we really think a few thousand lives thrown away matter to them, how many have died in the war?), they are inventing the diseases, and they are contaminating our food. I know I sound like a paranoid person, but how much plainer can the evil of our own government get? I do not have the money or the time to revolt or protest. I am too busy trying to make ends meet. So where does that leave us? We are cattle my friends..cattle..
motherintexas

Posted: Aug 07 2007, 10:52 PM

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490 **sorry when I said they would 'seize power easily' I meant martial power, as in total unbridled authority..sometimes I fail to elaborate..not often..but..that is what I meant
Colin Powell

Posted: Aug 10 2007, 4:21 PM

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81156 George W. Bush is FILTH. This piece of scum will be worse than Adolf Hitler when he really gets started.
Anonymous

Posted: Sep 19 2007, 7:26 PM

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9781 Children God wants is all to prepare! Repent for the Kingdom of God is At Hand!
eyes wide shut

Posted: Sep 21 2007, 12:56 AM

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14222 good point... where are these malitias which have been marginalized as crazies by mass media, you have been predicting how gov. will turn on us, here we are, its happening and not even a empty beer can has been hurled at the direction of these fascists, Its time to come out of the hills, before its too late , you aren't safe in Montana either.
Anonymous

Posted: Oct 18 2007, 2:02 AM

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767 executive branch war crimminalsl,based on lies,deception,abuses of power of office and disregarding the bill of rights,constitution,use of other branches of goverment to implement by cronies many from nixion adminsration and oil lobby.
GET THE WORD OUT, NO

Posted: Dec 23 2007, 11:43 PM

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71164 READ ALL POST HERE ! PLEASE PLEASE PLEASE LISTEN TO ME !
VERY IMPORTANT INFORMATION REGARDING YOUR LIFE IN BUSHES HANDS ! I UNDERSTATND HOW EVERYONE FEELS ABOUT THIS TIME IN OUR LIFE WE JUST HAVE TO WORK AS HARD AS WE CAN TO MAKE THE DEVILS PLANS UNSUCCESSFUL IT IS GIONG TO GET VERY DARK AS BUSH ENDS HIS PRESIDENCY HE HAS GOALS TO MEET & PLANS ALSO WHO KNOWS WHAT WERE GONNA END UP EVERYONE HAS HIDDEN AGENDAS ! BUT THE FACT IS THEY ARE TAKING STEPS EVERYDAY & MAKING PROGRESS & EVERYONE IS HERE ON THIS BLOG INSTEAD OF OUT IN STREETS GETTING THIS IMPORTANT MESSAGE OUT TO EVERYONE EVEN PEOPLE WHO CANT HEAR ! HELP US WORK TOGETHER BEFORE ITS TO LATE NO ONE WILL BE ABLE TO DO A DAM THING THEN ! WHAT THEY ARE DOING IN BAGDAD & IRAQ RIGHT NOW EVEN PAKISTAIN FOR THAT MATTER IS WHAT THEY ARE GONNA DO IN INNER CITIES OF AMERICA THEY HAVE ALREADY TAKEN MANY STEPS IN THERE PLAN TO BE SURE IT HAPPENS --- KICK IN YOUR DOORS, WELL ARMED, LOOKING FOR WEAPONS, THE GOV WILL SEIZE YOUR CAR & SAY THEY NEED IT FEDERAL SEIZURE OF ALL YOUR HOUSING & FINANCES WHAT U THOUGHT U HAD IN A SAFETY DEPOSIT BOX IS NOT YOURS & THE LIST CONT.
YOU HAVE NO AUTHORITY TO RESIST TO RESIST IS DEATH !
DONT LISTEN TO THE GOVERNMENT CONTROLED MEDIA THEY ONLY TELL YOUN WHAT THEY WANT & HOW THEY WANT BUT YOU NEED TO REALIZE POLITICS ARE EVIL OUR LIFE IS IN THERE HANDS
NOW IS THE TIME !
SO LETS THIS GET MESSAGE ACROSS ANY WAY YOU CAN ! RIGHT NOW DURING ELECTION THESE CANIDATES THAT ARE RUNNING ARE TELLING YOU WHAT YOU WANT TO HEAR FOR YOUR VOTE READ BETWEEN THE LINES OF EVERY SENTENCE & UNDERSTAND THEY ARE ALL ON THE SAME AGENDA WITH THE SAME GOALS IN MIND ! AT THE END OF THE DAY THEY ARE ALL THE SAME !
IN ORDER TOOK KEEP OUR CONSTITUTION IN EFFECT FOR US STOP MARSHALL LAW HAPPENING NOW FIGHT EVERY STEP OF THERE PLAN ! MOTIVATION = THINK ABOUT YOUR FAMILY BEING SPIT APART & PLACED WHERE GOV WANTS YOU EVEN CONCINTRATION CAMPS BEING BUILT IN U.S
AS WE SPEAK !
GET THE WORD OUT, NO

Posted: Dec 23 2007, 11:45 PM

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71164 BUSH ADMIN WILL PROBLEY READ MY POST ! NO PRIVACY PATRIOT ACT
Anonymous

Posted: Dec 24 2007, 3:01 AM

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60234 America is getting ready to go to war. On who is the question.
Anonymous

Posted: Dec 24 2007, 12:45 PM

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71164 EVERYONE IS THE ANSWER ! EVEN THERE OWN CITIZENS !
IF YOU DONT COMPLY WITH THERE PLANS YOU WILL BE KNOWN & TREATED AS A TERRIST ! IT IS WAR TIME & NOW IS THE TIME TO DO SOMETHING ABOUT IT OR YOUR GONNA BE THE PROPERTY OF THE U.S GOV ! WATCH OUT FOR MY NEXT POST LATER TODAY SO EVERYONE CAN GET THE REAL PICTURE OF WHAT IS HAPPENING RIGHT NOW AS WE SPEAK ! THE TRUTH NOT WHAT THE NEWS IS SUGAR COATING !

Anonymous

Posted: Dec 24 2007, 12:55 PM

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71164 JUST A LITTLE PIECE OF
KNOWLEDGE,WISDOM & UNDERSTANDING

HISTORY = HIS STORY HEAR IT ; IT IS HIS STORY THAT IS BEING TOLD IN HISTORY


MY NEXT POST WILL BE REGARDING THE MOST IMPORTANT LIFE CHANGING PLAN OF THE U.S WHICH IT WHAT THEY ARE LEADING UP TO WITH ALL THIS WAR CRAP ! AS SOON AS THIS YEAR ! IS THE INFOMUS NATIONAL ID ACT THAT WILL CONTROL THE PEOPLE THEN KEEP TRCK OF US THROUGH A CHIP THAT IS NO BIGGER THAN A DROP WHICH WILL BE INSERTED THROUGH A VACCINE THEY WILL FORCE US TO RECEIVE ! EVEN OUR CHILDREN ! CHECK BACK LATER VERY IMPORTANT INFORMATION ! READ BETWEEN THE LINES & YOU WILL SEE WHAT THEY ARE REALLY DOING ! THEY HAVE SUGAR COATED THIS ON THE GOV CONTROLED MEDIA BY MAKING IT SEEM LIKE A GOOD THING BUT ............ WE HAVE TO STOP IT NOW
ReadyWhenYouAre

Posted: Jan 21 2008, 3:04 PM

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65174 What to do? Media is corrupt. Our own representatives are corrupt. Where do we turn? Who do we have speak for us? No one can connect with millions of different people and make all those people believe what they are saying. What is the most effective way? Interupting LIVE tv with a prominent figure recognized by everyone. Political figures turning on themselves to confess. Or maybe an icon speaking up at an event with thousands in attendance!!! I would, as I'm sure mobs of people would join in together and get this ball rolling!

The best way to win a war is to make that country turn on itself! We are pawns! We are slaves already!

"Give me Liberty or give me Death!" I will gladly be the first to die as long as these conspiracy ideas are thought to be possible by the American People. We have our eyes closed and our ears shut.

Why haven't the earlier generations made more of a point to get this across!!!!!! Why???

Love your neighbor, question your government!

I am going to check back. I'm dying for ideas, suggestions to motivate and educate the masses. I am here for you!
1stcleanharry

Posted: Jan 21 2008, 3:38 PM

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MADNESS!!!!!!!!!!!
THE LAST STAND,
Obviously the real world is finally getting in touch with Mr BUllSHit and this move is the sure sign of what he expects of things to come. This pre-meditated action will be the downfall of the USofA and the psychopathic wankers that run it.
A moment in time where a cospiracy theory has become fact.
Whatever happens now, he has brought it on himself, marshall law is un-workable.
We are amongst the military, we are amongst the police, we are amongst the rich and we are amongst the politicians.
He hasnt got a Fucking chance.
His impeachment is imminent .
What a shame, he seemed to be such a nice guy, but in reality he is a fucking wanker.
What Do We Do?

Posted: Jan 22 2008, 2:58 PM

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65174 The rest of the world is in the same boat! There are a select group of people running every major government in the world! Central Banks and the men who run them are the cause of all our problems.
We need to take over our own federal reserve. Take our own money back. Take our own gold back. Start over from scratch. Keep the world involved in our reconstruction. Let them know that once Bush and his administration is gone that steps towards peace and global prosperity will be had. If our economy is booming, so will everyone elses!
ANYONE OUT THERE?

Posted: Jan 22 2008, 3:02 PM

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65174 I would like to know it there are other people out there in other countries that suspect the same things. Are your countries being run by others behind the scenes? Bush can't be the only one being told what to do. He is just a puppet of a very big show. He can't be the only one. Help from the rest of the world would make it easier rise above and broadcast the mass corruptions our government has committed.
Neil Jorganson

Posted: Nov 24 2008, 3:47 PM

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2414 Thanks for the warnings, especially the ones in all caps. I'll certainly be listening to Sen Leahy(D-VT) from now on. Those people from Vermont really get it!
Anonymous

Posted: Jun 10 2009, 10:26 PM

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206173 Heavens to Murgatroid.....
For Even....
Exit Stage Left.....
Russell Smith

Posted: Feb 10 2010, 1:34 PM

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7143 I think it is quiete funny when people want to leave a comment that they won't use their name. Thats the same fucking mentality that makes most you stupid sheep, because your scared they are going to find out who you are. too late they already have your names. By GOD I say we shoot first ask questions later.....
Anonymous

Posted: May 05 2010, 4:54 PM

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67184 George Bush is evil. Once he declares martial law (or obama declares it) they will take away our guns, and make us make a decision on whether we will worship lucifer or not. (for the new world order) if we agree, then they will have us live. If we do not join them, we will be taken from our homes and placed into concentration camps like the jews, most likely in the middle of the night, there will be two categories, half will be wearing red, the other half will be wearing blue. Red means they will execute you as soon as possible, blue means you will be executed within at least 6 weeks of the martial law. There has been hundreds of these concentration camps found all over the United States of America. They have barbed wire fencing, gas chambers, high watch towers, and they will have armed guards.There has also been findings of railroads leading to these camps and the trains are enormous, enough to fit hundreds of people, there have also been reports of a military base hiding over 500,000 plastic coffins, why does a military base in the U.S. need those? America will not be the only country affected by this... The American troops will be deployed in some other country guarding and killing civilians in other countries using the camps, the german and soviet forces will be watching over the camps here, because they have no problem killing civilians that are not from their country if they are ordered to do so. In the bible it has warned us of events like these to happen. When this does happen, we must be with God and Jesus, and when Jesus comes back to Earth to judge us and save us, we will be saved.
dongdong

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