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U.S. Military Grants Itself the Authority to Deploy Troops in American Cities Without Presidential or Local Approval

The-posse-is-comingThe Daily Sheeple – by Daniel Jackson

Military no longer under civilian control?

In a move that makes clear the direction that our country is increasingly heading towards, the Department of Defense has published an update to a US code that outlines military power during civil unrest.  

The code, ““Defense Support of Civilian Law Enforcement Agencies,” was slightly altered during a May 13th update which now allows the military to unilaterally declare martial law without presidential approval.

Multiple sections of the code outline plans and policies for a martial law scenario and should be considered a must read for any American worried about their freedoms in what has become a hostile American police state.

The rule seems to actually contradict itself, in one part claiming that the military can only be used during extreme circumstances with Presidential approval and then, in an updated part of the code, declaring that the military can put troops on the streets without approval from the president or local law enforcement.

The primary restriction on DoD participation in civilian law enforcement activities is the Posse Comitatus Act. It provides that whoever willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute U.S. laws, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, shall be fined under title 18, U.S.C., or imprisoned not more than two years, or both. Section 182.6 (a) describes in detail the assistance that the Department of Defense may and may not provide civilian law enforcement agencies.

b. Support During Civil Disturbances
The President is authorized by the Constitution and laws of the United States to employ the Armed Forces of the United States to suppress insurrections, rebellions, and domestic violence under various conditions and circumstances. Planning and preparedness by the Federal Government, including the Department of Defense, for civil disturbances is important due to the potential severity of the consequences of such events for the Nation and the population. The employment of Federal military forces to control civil disturbances shall only occur in a specified civil jurisdiction under specific circumstances as authorized by the President, normally through issuance of an Executive order or other Presidential directive authorizing and directing the Secretary of Defense to provide for the restoration of law and order in a specific State or locality.

A little further down within the code the above text is made completely irrelevant. (emphasis mine)

Domestic emergencies. Emergencies affecting the public welfare and occurring within the 50 states, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof, as a result of enemy attack, insurrection, civil disturbance, earthquake, fire, flood, or other public disasters or equivalent emergencies that endanger life and property or disrupt the usual process of government. Domestic emergencies include civil defense emergencies, civil disturbances, major disasters, and natural disasters.

[[Page 21829]]

Emergency authority. A Federal military commander’s authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances
because:

(1) Such activities are necessary to prevent significant loss of life or wanton destruction of property and are necessary to restore governmental function and public order; or
(2) Duly constituted Federal, State, or local authorities are unable or decline to provide adequate protection for Federal property or Federal governmental functions.

Most worrying is that the examples given as possible reasons for when the military would need to use their, “emergency authority,” are so broad and open to interpretation that it essentially gives them the power to declare martial law whenever they choose.

A recent piece published by the Long Island Press further expanded on the repercussions of these “subtle” changes to the US code.

The lines blurred even further Monday as a new dynamic was introduced to the militarization of domestic law enforcement.

By making a few subtle changes to a regulation in the U.S. Code titled “Defense Support of Civilian Law Enforcement Agencies” the military has quietly granted itself the ability to police the streets without obtaining prior local or state consent, upending a precedent that has been in place for more than two centuries.

{….}

Bruce Afran, a civil liberties attorney and constitutional law professor at Rutgers University, calls the rule, “a wanton power grab by the military,” and says, “It’s quite shocking actually because it violates the long-standing presumption that the military is under civilian control.”

What exactly giving the power of martial law to a military commander actually means was also explained:

One of the more disturbing aspects of the new procedures that govern military command on the ground in the event of a civil disturbance relates to authority. Not only does it fail to define what circumstances would be so severe that the president’s authorization is “impossible,” it grants full presidential authority to “Federal military commanders.”

According to the defense official, a commander is defined as follows: “Somebody who’s in the position of command, has the title commander. And most of the time they are centrally selected by a board, they’ve gone through additional schooling to exercise command authority.”

As it is written, this “commander” has the same power to authorize military force as the president in the event the president is somehow unable to access a telephone. (The rule doesn’t address the statutory chain of authority that already exists in the event a sitting president is unavailable.)

In doing so, this commander must exercise judgment in determining what constitutes, “wanton destruction of property,” “adequate protection for Federal property,” “domestic violence,” or “conspiracy that hinders the execution of State or Federal law,” as these are the circumstances that might be considered an “emergency.”

“These phrases don’t have any legal meaning,” says Afran. “It’s no different than the emergency powers clause in the Weimar constitution [of the German Reich]. It’s a grant of emergency power to the military to rule over parts of the country at their own discretion.

Boston-martial-law2bThis power grab comes at a time when police forces throughout the country are already becoming increasingly militarized, with the recent police response during the manhunt for one of the Boston Bombings suspects being a prime example.

Rather than a force of peacekeepers, the police looked more like troops on the battlefield, and in many ways they acted like it. This has all been made possible by little reported on Pentagon programs that give military gear to police forces.

The focus on the DoD regulatory change obscures the creeping militarization that has already occurred in police departments across the nation.

Even prior to the NDAA lawsuit, journalist Chris Hedges was critical of domestic law enforcement agencies saying, “The widening use of militarized police units effectively nullifies the Posse Comitatus Act of 1878.”

This de facto nullification isn’t lost on the DoD.

The DoD official even referred to the Boston bombing suspects manhunt saying, “Like most major police departments, if you didn’t know they were a police department you would think they were the military.”

According to this official there has purposely been a “large transfer of technology so that the military doesn’t have to get involved.” Moreover, he says the military has learned from past events, such as the siege at Waco, where ATF officials mishandled military equipment. “We have transferred the technology so we don’t have to loan it,” he states.

This so called large transfer of technology has allowed law enforcement to basically change their entire purpose by implementing gear and weaponry that twenty years ago would never have been considered for use on the American people.

Sadly, America is increasing becoming eerily similar to many different dictatorships throughout history. From unilateral powers to declare martial law, to the ability to indefinitely detain American citizens without charge, the powers that be have truly moved towards an American police state.

Further Information:
https://publicintelligence.net/dod-support-civilian-law-enforcement/
http://uscode.house.gov/download/pls/10C18.txt
http://www.gpo.gov/fdsys/pkg/FR-2013-04-12/html/2013-07802.htm

Delivered by The Daily Sheeple


Contributed by Daniel Jackson of The Daily Sheeple.

Daniel Jackson is a seasoned journalist with a passion for exposing corruption and the lies of the global elite. DJ has a passion for truth and liberty that is shown through his extensive reporting on numerous globally significant topics not normally covered by the corporate controlled media. He is is a writer, researcher and editor for The Daily Sheeple. Wake the flock up!

http://www.thedailysheeple.com/u-s-military-grants-itself-the-authority-to-deploy-troops-in-american-cities-without-presidential-or-local-approval_052013

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4 Responses to U.S. Military Grants Itself the Authority to Deploy Troops in American Cities Without Presidential or Local Approval

  1. Edwin Vieira, Jr. says:

    This is what comes of refusing to pay attention to just thirteen words in the Constitution: “A well regulated Militia, being necessary to the security of a free State”. Without the first four, you can forget the last three. So, if Americans truly want to “wake the flock up”, they should be concerned more with discussing what they need to do for themselves in this regard (about which most people haven’t a clue), than with what is being done to them by their enemies (about which the evidence is already overwhelming).

  2. greyseal says:

    1. Any law, code section, statute, or regulation that might have application in the several states, has to be listed in the Parallel Table of Authority, furthermore any agency or chartered corporation has to publish in the Federal Register it’s rules and regulations.
    *The exception is 5 U.S.C. 301 chartered corporations.
    PARALLEL TABLE OF AUTHORITIES AND RULES (online)
    The following table lists rulemaking authority (except 5 U.S.C. 301) for regulations
    codified in the Code of Federal Regulations. Also included are statutory citations
    which are noted as being interpreted or applied by those regulations.
    The table is divided into four segments: United States Code citations, United
    States Statutes at Large citations, public law citations, and Presidential document
    citations. Within each segment the citations are arranged in numerical
    order:
    For the United States Code, by title and section;
    For the United States Statutes at Large, by volume and page number;
    For public laws, by number; and
    For Presidential documents (Proclamations, Executive orders, and Reorganization
    plans), by document number…..(end)
    The code listed for the chartered Department of Defense is 10 U.S.C. (United States code)
    10 U.S.C. 375
    10 U.S.C.—Continued Code of Federal Regulations
    311—312…………………………………….26 Part 1
    331 et seq ……………………………….32 Part 215
    331—333………………………………….32 Part 501
    503—505 …………………………………..32 Part 96
    There is no 10 U.S.C. 375 listed for application in the several states, and there are no regulation, by default it is not enforceable in the states. Strike 1 and 2.
    10 U.S.C. was enacted by Public Law 97-86 95, Stat.1116, see footnotes for 10 U.S.C. 375.
    There is no Public Law 97- 86 listed for enforcement in the several states, and once again no regulation, strike 3 and 4.
    Public Laws—Continued Code of Federal Regulations
    97–78 …………………………30 Parts 201–203, 241
    43 Parts 3140, 3590
    97–85 ……………………………………..20 Part 416
    97–98……………………………………….7 Part 254
    97–100…………………………………….25 Part 114
    ___________________________________
    There is no listing for 95 Stat. 1116, the actual law, and no regulations, strike 5 and 6.
    95 Stat. Code of Federal Regulations
    1070 …………………………30 Parts 201—203, 241
    43 Parts 3140, 3590
    1213…………………………………..7 Parts 1a, 254
    So where can the chartered D.o D. exercise direct law enforcement assistance ?
    Answer Foreign Affairs
    Federal Register /Vol. 78, No. 71 / Friday, April 12, 2013 /Rules and Regulations 21831
    § 182.6 Procedures. (ii) Permissible Direct Assistance.
    Categories of active participation in direct law-enforcement-type activities
    (e.g., search, seizure, and arrest) that are not restricted by law or DoD policy are:
    (A) Actions taken for the primary purpose of furthering a DoD or foreign
    affairs function of the United States, regardless of incidental benefits to
    civilian authorities. This does not include actions taken for the primary
    purpose of aiding civilian law enforcement officials or otherwise
    serving as a subterfuge to avoid the restrictions of the Posse Comitatus Act.

  3. greyseal says:

    The armed services/armed forces, under the control of the D.O.D, is not the Military.
    The definition of the Military in the Constitution is the Army and Naval Forces. The confusion between the Military and the armed forces is caused by the similar sounding names. In 1949, Congress, changed the name/role of the chartered Commodity Credit Corporation to the Department of Defense.
    The Military Departments defined in title 10 U.S.C. were substituted for (defacto) government-owned or controlled corporations, same whore, different dress.
    The fraud is detailed in title 5 U.S.C., amended in 1979 by Public Law 96-54.
    The new title 5 USC is administered by the Bureau of Budget, amended in 1979, P.L. 96-54 substituted President for Director of the Bureau of the Budget (Sec. of Defense)
    AMENDMENTS

    1979 – Subsec. (b). Pub. L. 96-54 substituted “President” for
    (a) “Director of the Bureau of the Budget”.
    5 USC Sec. 5541Sec. 5541. Definitions

    In paragraph (1), the terms “Executive agency” and “military
    department” are substituted for the references in former section
    901(a) and (e) to the executive branch, including Government-owned
    or controlled corporations, and the General Accounting Office in
    view of the definitions in sections 105 and 102.

    The authority of the D.o.D.
    The Department of Defense is chartered, and not part of Federal government, and has no authority over the military. The authority is clearly stated in the Federal Register. “Western Hemisphere Institute for Security Cooperation Board of Visitors” See below, that would be the Organization for Security and Co-operation in Europe foreign affairs. 10 U.S.C 375. precisely the reason 10 U.S.C. 375, is not listed in Parallel Table of Authority.
    [Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
    [Contents]
    [Pages I-VII]
    From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]

    Defense Department
    See Navy Department
    NOTICES
    *Charter Modification:
    Federal Advisory Committee; Advisory Panel on Department of Defense
    Capabilities for Support of Civil Authorities After Certain
    Incidents, 5287
    Charter Renewal:
    Federal Advisory Committee; *Western Hemisphere Institute for
    Security Cooperation Board of Visitors, 5287-5288
    ________________________________________________
    COMMODITY CREDIT CORPORATION *CHARTER
    CHANGE OF NAME
    National Military Establishment changed to Department of Defense by act Aug. 10, 1949.

    CODIFICATION
    The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3011 to 3013 continued the *military Department of the Army under the administrative supervision of a Secretary of the Army.

    (summation), The D.o.D, and the military departments are chartered, the Constitution forbids the Federal government from forming corporations, it says nothing about the other government, Washington D.C. from forming corporations.

  4. Incriminally Sane says:

    USC, the Constitution and Law no longer matter when the country has been hijacked. There are no rights left for the people in America which is why the police get away with murder and kids are expelled for disliking homosexuality in schools. Right is wrong and wrong is right as the moral degradation in this country is brought to a new level. The Who, wrote a song in 1971 entitled We Won’t Get Fooled Again where the opening words in this song are as prophetic as it gets saying, “They’ll be fighting in the streets, with our children at our feet, and the morals to be worshiped will be gone”. Well, I would say the morals in this country have been so degraded at this point that the next step will likely be the fighting in the streets when the dollar finally collapses, there WILL BE fighting in the streets when people can no longer obtain the food, fuel and medicine necessary for survival after this collapse. This is NOT a game people and we are NOT just some whacko conspiracy nuts trying to sway public opinion, It IS going to happen at some point in the next year or two.

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