Fine Print in Defense Bill Opens Door to Martial Law

[kpete]

CQ HOMELAND SECURITY – SpyTalk
Dec. 1, 2006 – 8:25 p.m.
Fine Print in Defense Bill Opens Door to Martial Law
By Jeff Stein, CQ National Security Editor

Signed by President Bush on Oct. 17, the law (PL 109-364) has a provocative provision called
“Use of the Armed Forces in Major Public Emergencies.”

........................

But on closer inspection, its language also alters the two-centuries-old Insurrection Act, which Congress passed in 1807 to limit the president’s power to deploy troops within the United States. That law has long allowed the president to mobilize troops only “to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy.”

But the amended law takes the cuffs off.

Specifically, the new language adds “natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident” to the list of conditions permitting the President to take over local authority — particularly “if domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order.”

Since the administration broadened what constitutes “conspiracy” in its definition of enemy combatants — anyone who “has purposely and materially supported hostilities against the United States,” in the language of the Military Commissions Act (PL 109-366) — critics say it’s a formula for executive branch mischief.

more at:
http://public.cq.com/public/20061201_homeland.html

[Sperk]

so does the new congress still get sworn in under martial law?

just askin'

[Prophet 451]

1. Got to be ready for January

I'm fully expecting Chimpy to declare martial law to prevent Dems getting any real investigation into his many and varied crimes.

[Kikosexy2]

16. How do we stop...

this from happening?....

[Prophet 451]

18. Truth be told, I don't know

I'm not sure if there's some tricksy legal way of stopping it or if it would take a full-blown insurrection.

[Freedom_from_Chains]

2. Actually I would say it is more of a formula for a dictatorship.

(Define anyone as being a potential conspirator against the U.S.) + (Define anything they might do as being against the U.S.) = Dictatorship

[unhappycamper]

3. This article probably deserves another 30 or 40 recs.

Here's number five.

:kick: & R

[Marie26]

4. Is this the first MSM article on this?

Good to see that they're starting to report on this.

[originalpckelly]

5. Yeah, I'd say so...

Of course there have been a lot of stories in CQ which I haven't seen other places, but this is a good start.

[ms liberty]

6. K&R - yet another thing to worry about from these criminals...n/t

[madokie]

7. Why do I have to be scared all the time, damn. Not you kpete but the bush* bastards

just about when I think its maybe safe to let my guard down a little and kick back something else comes up. Damn I'll be glad when they're gone.

[Lugnut]

8. K&R n/t

[steve2470]

9. k&r nt

[rman]

10. At the very least it is peculiar

that natural disasters and terrorist attacks are dealt with in the same way. See Katerina/N.O.

[NVMojo]

11. this needs to be spread far and wide with an action plan to fight it

[windbreeze]

12. Hasn't he been after this, since he took office?

It also seems to me, right after Katrina he tried to get a bill passed about taking over the NG, making them Federal instead of state and giving him the right to militarize any disaster w/o anyone's approval....(just like was done with the Patriot act after 9/11, rushed it through, in the middle of the night and no one even had time to read it)..He was thwarted then, so he backed off, and went about it another way, hoping people wouldn't pay attention and they could slip it through....why am I not surprised...He and this bunch is anything but stupid...They are herding everyone the way they want things to go...if it doesn't work one way, do it another way on the sneak...until we are boxed in the canyon with no way out....

Personally, I will be surprised if the Dems take office in January...because I don't believe the Rep's thought we would win the Congress back, and having done so, may just have moved their time frame to declare martial law, suspend any further elections, and the constitution, up a little...(all those signing statements, that protect him, and give him more power are not for no reason, and I can't see him/them, giving it up easy)...I will be pleasantly surprised if that is not exactly what happens...so my question is then, what disaster will they create to give him the go ahead??? I will be happy to be proven wrong...very happy....but his determination to have these powers, one way or another surely indicates he's up to something, right??? and I can't see them giving the executive all this power, so the Democrats can use it against them...the intent is and has always been, for THEM to use it against US...
windbreeze

[Higans]

27. I share your predictions. I have seen them coming for over a year.

The only reason that the Dem's took the house and senate is because Die bold miscalculated how many votes the would need to steal when they programed the machines. In a Speech Bush said that he was confident that his party would win even if it was against reason. He knew all along that they were going to die bold another one. only one problem, even though they stol over 3 million votes, suppressed dem counties left and right, and made millions of robo calls, We the People still can see that he is full of shit and so many of us voted dem that we overcame the rigging of the vote. now there kicking them selves for not stealing 4 or 5 million instead of 3. They said a long time ago they could suspend elections in the interest of "National Security" Every one has seen the hand writing on the wall for a long time.

I'll meet you in the internment camp. I'll be the one with the shaved head, and the bar code tattoo on the back of my neck. come to think of it, so will you. I wish you the best of luck in the New American Century. God save us.

[windbreeze]

29. this bunch is dumb like a fox...

They say to never underestimate your opponent...and we have done so way too many times...he can stand up there and act like your stupid down home yeahoo, but...if he was so stupid, there would be no military commissions act, no 800 signing statements...no patriot act...and a whole bunch of other things we don't especially like...

yeah, see you there...already been questioned by a military person about whether or not I was on a list yet...and this was 2 years ago...
windbreeze

[sui generis]

13. that would be really fucking stupid though

Can you imagine?

1.5 million soldiers all total against 297.5 pissed off Americans, some of whom we are physically and ideologically related to?

The odds really are pretty jacked. And it would be a permanent military "occupation", because the first time Johnny Soldier shot a kid for violating curfew it would be civil fucking war.

However the fact that the language exists at all is disturbing in what it says about the lack of intellect and foresight and knowledge of reality its authors must have.

[heinz]

14. Good luck

I'm not really all that surprised by this. I am really surprised that the press managed to report it and take a break from being the unofficial mouth peace of Washington. The last time I had heard of a president changing something to make it easier to use troops against Americans was when Clinton amended the Posse Comitatus Act so the FBI and ATF could use the military against the Branch Dravidian's, and we all know how well that worked. At that time, the act was amended to allow an exception to be able to use military troops in actions against Americans where the person in question is running a drug lab or is doing something involved in distributing illegal drugs. And suddenly, David Koresh has a secret drug lab in Waco, remember? The Posse Comitatus act was passed after the Civil War to get Yankee troops out of the South and keep them from harassing southerners as part of reconciliation with the South. The reality is regardless of whatever the Government does to make it easier to use military troops against its own people (a totally despicable act) there not gonna be very effective against the 270 million or so known gun toting Americans. I mean, come one, they can't even handle the insurgency in Iraq and thats not even close to the number of weapons held in the hands of most Americans.

[tobefree]

15. It's not actually a real law!!!

I've been lurking on DU for a year or more and only recently registered to join in order to have an active voice. This subject is one that I feel there is solid ground on which to actually render the law null and void immediately.

From the U.S. Constitution Article 1, Section 7: “If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevents its Return, in which Case it shall not be a Law.”

Since Congress cannot vote while in adjournment, a pocket veto cannot be overridden. A pocket veto is a legislative maneuver in American federal lawmaking. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays). If he does not, then it becomes law by default. The one exception to this rule is if Congress adjourns before the ten days are up. In such a case, the bill does not become law; it is effectively, if not actually, vetoed. Ignoring legislation, or “putting a bill in one’s pocket” until Congress adjourns is thus called a pocket veto.

Case Point 1:
Congress passed H.R. 6166, the Military Commissions Act, on September 29th, presented it to the President on October 10th, and adjourned on October 13th. Bush signed it on October 17th, the week after Congress had adjourned, thereby rendering it vetoed by constitutional standards.

Case Point 2:
Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which was also signed by Bush 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 noted above.

Both of these laws are constitutionally NULL and VOID right now, as we speak.

At least that's my humble opinion.

[williesgirl]

17. The Dem congress in Jan has to make SURE this is null and void. Send to KO

recommended

[itsmesgd]

19. I'm sick of the totalitarian-tip toe...bring it on already

I am so tired of the gradual regression of this totalitarian regime. Enough with the pussy-footing, declare yourself king and let the revolts start. I was so prepared for something nasty like this around the election. I like hundreds, hopefully thousands had our bags packed ready for a DC protest as seen in Mexico or Beirut. The fact that the populus controled the outcome shocked me. This regime has taken away our rights at every step starting BEFORE 9/11 with the warrantless wiretapping. Nothing was ever said or done. At this rate we will all become serfs within the next hundred years and I will be too old to fight. Don't wait chimpy, (as you say) Bring It On!

attn: agent mike; this is sarcasm......or is it? no, it is....

[NVMojo]

20. kick and rank!

[civildisoBDence]

21. This is why we have the Second Amendment

Armed civilians aren't so easy to push around.

I wonder how many of our servicepeople would refuse orders if DUHbya tried to implement martial law...

Newsprism

[itsmesgd]

22. I know of several servicemen who would laugh at the order and go home.

That is why they would send guardsmen from Florida to California and the Californian's to New York and so on. They would seek to maintain the feeling of being deployed in a foreign land. It's easier to control a population when you do not feel them to be like yourself. I hope that it would lead to a coup, but there is no telling.

[Q3JR4]

23. I read about this amendment right here on DU.

I even found the relevant passages in the laws that changed Posse Comitatus, as well as the original wording of Posse Comitatus.

Since the man was put into power, I've been sitting on my hands waiting for something to happen.

I even thought about purchasing a gun a couple of years back because I felt things were heading in a bad direction.

Even with the Democratic takeover of congress, I still have a bad feeling in the pit of my stomach that somehow, someway, the other shoe is going to drop.

[woodsgirl]

24. Q3JR4

I can see why you think that. You know what gives me hope?
Abstract stuff. Like...these criminals who are in this
particular administration are not smart. If they had been..I
would want to move out of the country. BUT...They have pissed
off the CIA and the military..stolen 3 elections..treated the
National Guard and the media like shit. I would not like to
have all those groups mad at me. And if you think about it
logically, it can't go on forever. When you go to the grocery
store and are at the check out..pick up a Globe and read how
Laura is leaving George and is disgusted at his drunken binges
in the Oval office. These rags are right wing..if they are
putting it out there..Lots of people get their news from the
Globe.You know the mean guy in the community gets his house
egged on Halloween and sometimes worse. Multiply that
exponentially..this is Bush/Cheney fate.

[laheina]

28. Thanks for that

Even though I try to tell myself that on occasion, it helps to hear it from someone else. :)

I think that I'll print that out and tape it over my computer. :hi:

[nam78_two]

25. kick

:grr:

[McCamy Taylor]

26. This was discussed before the election, too.

The administration can also take National Guard from one part of the country and send them to another part of the country, if I remember correctly, which would allow him to avoid the problem of having a state national guard that might be more loyal to locals than to him. So, for instance, he could get right wing guardsmen out of Utah to squash a protest over a labor dispute involving Halliburton in NOLA in which Lousianna national guard might not want to fire upon and kill Louisanna residents.