Bush: US Military Can Police American Citizens

This is a discussion on Bush: US Military Can Police American Citizens within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; Bush administration claims U.S. military can police American citizens Posted by mvwsr on Friday December 19, 2008 at 3:30 pm MST [ Send to a ...

Page 1 of 11 12345 ... LastLast
Results 1 to 15 of 164

Thread: Bush: US Military Can Police American Citizens

  1. #1
    Distinguished Member Array sniper58's Avatar
    Join Date
    Aug 2006
    Location
    Seattle, WA
    Posts
    1,631

    Bush: US Military Can Police American Citizens

    Bush administration claims U.S. military can police American citizens
    Posted by mvwsr on Friday December 19, 2008 at 3:30 pm MST [ Send to a
    friend ]
    Link to story: THE WORLD

    BY MICHAEL WEBSTER: Syndicated Investigative Reporter: Dec 18, 2008 at 12:30
    PM PST

    The Bush administration claims that the use of the military to support civil
    authorities stems from core national values as expressed in the
    Constitution. Article I, Section 8. It states, "Congress shall have power...
    to provide for calling forth the Militia to execute laws of the Union,
    suppress Insurrections, and repel Invasions." Article II, Section 3 states
    the President, "...shall take care that the Laws be faithfully executed."
    The 10th Amendment reads, "The powers not delegated to the United States by
    the Constitution, nor prohibited by it, are reserved to the States
    respectively...," providing the basis that Federal government support,
    including DoD assistance, is provided in support of State and local
    authorities.

    According to Gerry J. Gilmore of "Family Security Matters reports that
    Pentagon officials have established a new rapid-response joint task force
    and plan to create two more in coming years to bolster assistance to civil
    authorities following potential chemical, biological or nuclear attacks or
    natural disasters, a senior U.S. official said. These new units will team
    with other federal agencies in support of local responders following
    chemical, biological or nuclear terror attacks on the homeland or during
    natural disasters, Paul McHale, assistant secretary of defense for homeland
    defense and Americas' security affairs, told reporters recently.

    The establishment of the new units "builds upon a decade of improving
    [Defense Department] capabilities to deal with a domestic terrorist attack
    involving a weapon of mass destruction," McHale said. The first new
    4,700-member task force was assigned to a component of U.S. Northern Command
    on Oct. 1, 2008 McHale said. The new unit, he said, is built around a core
    of active-duty soldiers from the U.S. Army 3rd Infantry Division's 1st
    Brigade Combat Team based at Fort Stewart, Ga. This task force, he said,
    falls under the control of Northcom's Joint Force Land Component Command,
    U.S. Army North, in San Antonio. Commanded by Plans are to stand up the
    other two new joint task forces in 2010 and 2011, respectively, McHale said.
    These units, he said, mostly will comprise reserve component personnel from
    all the military services.

    Each task force will be capable of performing tasks such as medical
    response, decontamination, technical rescue, patient evacuation, and
    communications and logistics support, to include air and land transportation
    assets for transport of supplies, people and equipment, according to U.S.
    Army North documents. The task forces would be ordered into action by the
    president, McHale said, following requests for disaster-relief assistance
    from state governors. The Bush administration indicates that the President
    is authorized by the Constitution and Title 10 (10 USC 331-334) to suppress
    insurrections, rebellions, and domestic violence. After issuing a Cease and
    Desist Order, the President issues an executive order that directs the
    Attorney General and the SECDEF to take appropriate steps to disperse
    insurgents and restore law and order. The Attorney General is then
    responsible to coordinate the federal response to domestic civil
    disturbances. The restrictions of the Posse Comitatus Act no longer apply to
    federal troops executing the orders of the President to quell the
    disturbance in accordance with Rules of the Use of Force (RUF) approved by
    the DoD General Counsel and the Attorney General.

    Even though McHale said, the new units do not conduct law-enforcement
    missions. And further stated in the event of civil disturbances and some
    other types of national emergencies, other designated U.S. military units
    could be ordered by the president to help civil authorities establish order
    as part of the Garden Plot domestic security plan. However the USNORTHCOM
    Concept Plan (CONPLAN) 2502 (Civil Disturbance Operations), is the plan for
    supporting state and local authorities during civil disturbances. This plan
    serves as the foundation for any CDO operation and standardizes most
    activities and command relationships. Tasks performed by military forces may
    include joint patrolling with law enforcement officers; securing key
    buildings, memorials, intersections and bridges; and acting as a quick
    reaction force. The JTF commander, a general officer, coordinates all DoD
    support with the Senior Civilian Representative of the Attorney General
    (SCRAG). DoD will usually establish a JTF headquarters near where the
    Attorney General's local representative is based.

    Garden Plot is the DoD Civil Disturbance Plan, the generic Operations Plan
    [OPLAN] for military support related to domestic civil disturbances. The
    department of the Army Civil Disturbance Plan (DA GARDEN PLOT), is the
    governing publication for planning, deployment, employment, and redeployment
    of federal military resources involved in countering domestic civil
    disturbances. Military assistance to Federal, State, and local government
    (including government of U.S. territories) and their law enforcement
    agencies for civil disturbances and civil disturbance operations, including
    response to terrorist incidents, are referred to cumulatively as "Military
    Assistance for Civil Disturbances (MACDIS)."

    The DoD Strategy for Homeland Defense and Civil Support (2005) defines
    Defense Support of Civil Authorities (DSCA) as, "DoD support, including
    federal military forces, the Department's career civilian and contractor
    personnel, and DoD agency and component assets, for domestic emergencies and
    for designated law enforcement and other activities." It notes that DSCA is
    also often referred to as Civil Support. There has been discussion in some
    DoD offices of distinguishing between the two terms: Civil Support as a
    total force construct with DSCA involving Federal support only and not
    include the National Guard in Title 32 or State Active Duty status. But as
    of 2008 they remained essentially synonymous.

    Civil disturbances are riots, acts of violence, insurrections, unlawful
    obstructions or assemblages, or other disorders prejudicial to public law
    and order. The term civil disturbance includes all domestic conditions
    requiring or likely to require the use of Federal Armed Forces pursuant to
    the provisions of Chapter 15 of Title 10, United States Code.

    The Posse Comitatus Act of 1878 (PCA), subsequent amendments and policy
    decisions prohibits the use of federal military forces (to include Reserve
    forces) to perform internal police functions. PCA thus restricts the type of
    support DoD can provide domestic law enforcement organizations. There are a
    wide variety of exceptions to the PCA and the law essentially gives the
    President all the authority he needs to employ DoD forces inside the U.S.
    although there may appropriately be political consequence that would inhibit
    such employment. The term posse comitatus [po.si komitei.tAs, -tius , [med.
    (Anglo) L., force of the county: see prec. and county.] applies to the 'The
    force of the county'; the body of men above the age of fifteen in a county
    (exclusive of peers, clergymen, and infirm persons), whom the sheriff may
    summon or 'raise' to repress a riot or for other purposes; also, a body of
    men actually so raised and commanded by the sheriff.

    In the United States the posse comitatus was perhaps most important on the
    Western frontier (there known as a posse), but it has been preserved as an
    institution in many states. Sheriffs and other peace officers have the
    authority to summon the power of the county. In some counties it is a crime
    to refuse assistance. In general, members of a posse comitatus have been
    permitted to use force if necessary to achieve a posse's legitimate ends,
    but state laws differ as to the legal liability of one who in good faith
    aids an officer himself acting beyond his authority.

    Congress sought to terminate the prevalent use of federal soldiers in
    civilian law enforcement roles in the South during the Reconstruction Period
    following the Civil War. The Posse Comitatus Act of 1878 created general
    prohibition against use of military personnel in civilian law enforcement.
    The most renowned statutory exception has been traditionally referred to as
    The Insurrection Acts (10 USC 331-334) that were modified and renamed to
    Enforcement of the Laws to Restore Public Order by the 2007 National Defense
    Authorization Act (NDAA). The new language clarifies Presidential authority
    to invoke the acts for situations resulting from natural disasters and other
    emergencies.

    Military resources may be employed in support of civilian law enforcement
    operations in the 50 States, the District of Columbia, the Commonwealth of
    Puerto Rico, and the U.S. territories and possessions only in the parameters
    of the Constitution and laws of the United States and the authority of the
    President and the Secretary of Defense, including delegations of that
    authority through this Directive or other means.

    The primary responsibility for protecting life and property and maintaining
    law and order in the civilian community is vested in the State and local
    governments. Supplementary responsibility is vested by statute in specific
    Agencies of the Federal Government other than the Department of Defense. The
    President has additional powers and responsibilities under the Constitution
    of the United States to ensure that law and order are maintained.

    The mission at NORTHCOM is to anticipate events in the homeland and to be
    prepared to respond, to either prevent the attacks or defeat them if they
    occur and then to mitigate the consequences of those attacks should they
    occur. In addition, NORTHCOM has a secondary mission to provide defense
    support to civil authorities. It's an old mission that the Army used to lump
    together under the Garden Plot scenario, in that there was always a brigade
    that was prepared to respond to civil disturbances.

    "Our job at NORTHCOM is to ensure that if there's a seam or a gap there that
    we're thinking of how we could fill that with some other capability out of"
    the Defense Department "What that has forced us to do it is think about,
    'How do you solve that time/distance problem, even on a short-notice event.
    And so I have access to capabilities now that I didn't have a year or two
    ago that I can move very quickly to fill that need. said Gen. Victor E.
    Renuart Jr., commander of United States Northern Command and the North
    American Aerospace Defense Commander. "For example, if there were something
    that occurred in the El Paso area that the Texas National Guard might not
    have a capability immediately available to respond, but Fort Bliss did in an
    active-duty unit, then I would pull that active-duty unit out and make that
    available to the state to assist." They are being staged and immediately
    available as emergency "on call" units for use against terrorist threats on
    the nation's border and local disasters, said Gen. Renuart Jr. Possibly the
    greatest challenge will be to support National Guard and reserve forces
    feeling the strain of repeated deployments that also have depleted equipment
    supplies. Guard units respond to natural disasters as well as bridge
    collapses and other human-caused incidents Renuart said.

    The Coast Guard, as well as the other Services, is required to maintain
    support plans. GARDEN PLOT is the name applicable to such service plans.
    Standard Operating Procedures (SOPs) of operational commanders should
    reflect guidance herein. Military assistance to civil authorities is a
    peacetime matter, not to be confused with military support of civil defense
    (MSCD), which is a wartime function. DOD task force operations to quell
    civil disturbances off military property can be initiated only by
    Presidential order. Cases of such initiation in the past occurred during the
    urban political and racial unrest in the Vietnam era when federal troops
    were deployed on a number of occasions.

    GARDEN PLOT operations may include terrorist incidents, though the FBI, not
    the Army, will then be the lead agent. In the event of civil unrest upon the
    high seas and waters subject to the jurisdiction of the United States, where
    in the Coast Guard has standing statutory responsibility, Coast Guard units
    will in all likelihood be legitimately involved in law enforcement
    operations well before any Presidential invocation of civil disturbance
    plans. The Coast Guard character for law enforcement and cooperation with
    civil authorities is much broader than that of DOD services. DOD services
    are subject to law enforcement restrictions that are not applicable to the
    Coast Guard. Cooperation with other services in GARDEN PLOT operations is
    paramount and requires particular understanding of task force constitution
    and chains of command. Civil disturbance planning cannot be deliberate in
    that force mix and locales are obviously indeterminate. Guidance herein will
    provide a basis for Coast Guard participation and related area and district
    supplemental instructions or other directives. Actual Coast Guard
    participation will in all likelihood be the logical extension of traditional
    law enforcement functions.

    The Insurrection Act permitted the President to call the militia into
    Federal service to suppress insurrections and to enforce the law, including
    when State authorities were unable or unwilling to secure the Constitutional
    rights of their citizens. Rarely in U.S. history has this authority been
    employed. In fact, the National Guard has been federalized under the
    provisions of the Insurrection Act only ten (10) times since World War II.

    It is believed by critic's and other patriots that the U.S. Government plans
    to exercise these options and imprison citizen decedents.

    PHXnews.com | Bush administration claims U.S. military can police American citizens


    Bush administration claims U
    Tim
    BE PREPARED - Noah didn't build the Ark when it was raining!
    Si vis pacem, para bellum
    ________
    NRA Life Member

  2. Remove Ads

  3. #2
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,165

    Been there, done that

    Quote Originally Posted by sniper58 View Post
    Bush administration claims U.S. military can police American citizens (rest of stuff deleted for brevity)
    The point of the article seems to be to incite outrage, perhaps justified outrage, but the reality is the U.S. (WE) have been there and done that. Think internment camps; think Jose Padilla.

    I'll leave the Constitutional and legal arguments to others. I just want to point out that this is nothing new.

    And better yet, they'll be gone in exactly one month.

  4. #3
    Distinguished Member Array sniper58's Avatar
    Join Date
    Aug 2006
    Location
    Seattle, WA
    Posts
    1,631
    Quote Originally Posted by Hopyard View Post
    And better yet, they'll be gone in exactly one month.
    I hope you're right! The replacements thrill me less than the current team.
    Tim
    BE PREPARED - Noah didn't build the Ark when it was raining!
    Si vis pacem, para bellum
    ________
    NRA Life Member

  5. #4
    Member Array ChiWeiSz's Avatar
    Join Date
    Nov 2008
    Location
    Texas
    Posts
    242
    And with Bush having said this, now Obama has Justification, and can point back to the "conservative" Bush administration in support of his own plan.

    Bad, bad, bad
    Trying to leave as large a carbon footprint as possible.
    Shivering in the "heat"
    Innocent as doves, wise as serpents, armed like wolves.

  6. #5
    VIP Member
    Array atctimmy's Avatar
    Join Date
    Jan 2008
    Location
    NSA Headquarters
    Posts
    6,248
    Bad! Very bad!
    Two roads diverged in a wood, and I
    I took the one less traveled by,
    And that has made all the difference.

  7. #6
    VIP Member Array Thanis's Avatar
    Join Date
    Aug 2008
    Location
    MI
    Posts
    2,347
    Only under martial law situations, IMO.

  8. #7
    Ex Member Array Ram Rod's Avatar
    Join Date
    Dec 2007
    Location
    Fayetteville, AR
    Posts
    13,687
    I have a sneaking suspicion this article just shortened my lifespan by several years.

  9. #8
    BAC
    BAC is offline
    VIP Member Array BAC's Avatar
    Join Date
    May 2007
    Location
    Tampa, FL
    Posts
    2,292
    Bad ju-ju. The point of the executive branch is not to try to get around the spirit of legislation to do what it wants (in this case, the PCA). If the sitting administration wants the military to perform internal police capabilities, they need to lobby Congress to have the PCA repealed.

    Quote Originally Posted by Thanis View Post
    Only under martial law situations, IMO.
    I sincerely hope this didn't imply that martial law was acceptable...


    -B
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


    Defensive Carry Search Tips


    Step 1 - Choose a subforum on right side under "Search in Forum(s)"
    Step 2 - Type general topic of interest in "Search by Keyword" textbox.
    Step 3 - Read results and refine/repeat as necessary.

  10. #9
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    43,842
    The last couple of lines...

    ...It is believed by critic's and other patriots that the U.S. Government plans to exercise these options and imprison citizen decedents.


    This can't be good...
    I wonder if the internment camps will have 'no weapons allowed signs'??????
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  11. #10
    Restricted Member Array SelfDefense's Avatar
    Join Date
    May 2007
    Location
    Tucson
    Posts
    2,736
    The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

  12. #11
    BAC
    BAC is offline
    VIP Member Array BAC's Avatar
    Join Date
    May 2007
    Location
    Tampa, FL
    Posts
    2,292
    As the legislature can be convened, and has already spoken (the Posse Comitatus Act), the executive branch really has no say in the matter. Like I said earlier: if they want the military to perform internal police functions, they should lobby Congress to make the appropriate legislative changes.


    -B
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


    Defensive Carry Search Tips


    Step 1 - Choose a subforum on right side under "Search in Forum(s)"
    Step 2 - Type general topic of interest in "Search by Keyword" textbox.
    Step 3 - Read results and refine/repeat as necessary.

  13. #12
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,635
    Who's gonna protect us when the Federal Government invades?

    You know...kinda like when Lincon sent 10,000 troops into Virginia the first time around...
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  14. #13
    Restricted Member Array SelfDefense's Avatar
    Join Date
    May 2007
    Location
    Tucson
    Posts
    2,736
    Quote Originally Posted by BAC View Post
    As the legislature can be convened, and has already spoken (the Posse Comitatus Act), the executive branch really has no say in the matter. Like I said earlier: if they want the military to perform internal police functions, they should lobby Congress to make the appropriate legislative changes.
    I was more concerned with "and shall protect each of them against invasion"

    The Executive can and should deploy the military in an effort to keep us safe from foreign invasion. We have already thwarted numerous terrorist attacks using the Patriot Act and LE. There is no reason we cannot effectively deploy the military as the threats are heightened.

    I am perplexed as to why some people are afraid of the military. The enemy, yes. But American citizens afraid of our outstanding young men and women?

  15. #14
    Senior Member Array digitalexplr's Avatar
    Join Date
    Oct 2007
    Location
    Jefferson City, MO
    Posts
    914
    While the incoming Presidential Team has their own agenda, I don't think starting the second American Revolution is one of them. There are around 80,000,000 gun owners in the U.S. I doubt anyone thinks it would be possible to disarm these law abiding citizens without a major fight. And many, many of these are veterans of both military and law enforcement agencies. These are not just a bunch of Sunday hunters and target shooters. These are more often than not combat tested folks.

    Let's not get crazy just yet.
    NRA Life Member

  16. #15
    BAC
    BAC is offline
    VIP Member Array BAC's Avatar
    Join Date
    May 2007
    Location
    Tampa, FL
    Posts
    2,292
    Quote Originally Posted by SelfDefense View Post
    I was more concerned with "and shall protect each of them against invasion"
    Which I can understand, but that's not the topic of discussion here. This is about the US military performing internal police duties. We already have federal police agencies, in addition to State and other police agencies. There is no need, at all, for such duties to be performed by the US military. Bush can say whatever he wants to say, but his words don't overrule law, and the US military cannot perform internal police duties.


    -B
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


    Defensive Carry Search Tips


    Step 1 - Choose a subforum on right side under "Search in Forum(s)"
    Step 2 - Type general topic of interest in "Search by Keyword" textbox.
    Step 3 - Read results and refine/repeat as necessary.

Page 1 of 11 12345 ... LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Detroit police credit citizens with helping to catch rape suspects
    By DaveH in forum Off Topic & Humor Discussion
    Replies: 1
    Last Post: August 31st, 2010, 07:07 PM
  2. Your Opinion-The Military vs. U.S. Citizens
    By gaowlpoop in forum Law Enforcement, Military & Homeland Security Discussion
    Replies: 63
    Last Post: May 1st, 2009, 05:03 PM
  3. SAF Sues Eric Holder Over Gun Rights of Non-Resident American Citizens
    By mrreynolds in forum In the News: The Good, the Bad and the Ugly
    Replies: 7
    Last Post: March 31st, 2009, 08:56 PM
  4. Foreign troops to police US Citizens
    By jbone in forum Law Enforcement, Military & Homeland Security Discussion
    Replies: 65
    Last Post: March 13th, 2009, 06:58 PM
  5. Bad guys, police and armed citizens
    By mercop in forum Defensive Carry & Tactical Training
    Replies: 16
    Last Post: January 23rd, 2009, 03:49 PM

Search tags for this page

military cannot police american citizens

Click on a term to search for related topics.