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    Discussion on Current Government Events

    I found this pretty interesting...


    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."

    #2
    CONTINUED...

    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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