- Hide quoted text — Show quoted text -
In article <37464CC3.D3894…@uswest.net>, <badd…@uswest.net> wrote:
>This is a multi-part message in MIME format.
>————–40A166C18E9A575D1A70D7C4
>Content-Type: text/plain; charset=us-ascii
>Content-Transfer-Encoding: 7bit
>This is a post from World Net Daily concerning Martial Law
>and the Posse Comitatus Act. It was researched by two
>lawyers hired by Larry Pratt, Gun Owners of America fame.
>Disturbing stuff.
>————–40A166C18E9A575D1A70D7C4
>Content-Type: text/plain; charset=iso-8859-1; name="Martial Law.txt"
>Content-Transfer-Encoding: 8bit
>Content-Disposition: inline; filename="Martial Law.txt"
>Subject: [SurvivalRing] Re: [Y2k-Survival] martial law
>Date: Fri, 21 May 1999 19:54:04 EDT
>From: Rafl…@aol.com
>To: The SurvivalRing Mail List <survivalr…@listbot.com>
>The SurvivalRing Mail List – http://members.aol.com/rafleet/survivalring.htm
>> FRIDAY
>> MAY 21
>> 1999
>> THE IMPERIAL PRESIDENCY
>> Clinton and ‘martial law’
>> Posse Comitatus Act no check on White House power, attorneys
>> claim
>> By Sarah Foster
>> © 1999 WorldNetDaily.com
>> President Clinton doesn’t need to sign an executive order to
>> start a full-scale gun grab. He doesn’t need to declare
>> martial law if he wants to use the armed forces to deal with
>> public unrest. And if he figures a state government isn’t
>> doing all it should to enforce some federal law that nobody
>> likes, he can use federal troops to make certain that the
>> law is complied with — even if the governor and everyone
>> living in the state are adamantly opposed to it.
>> He can do all these things on his own, without seeking
>> advice or approval from Congress.
>> Not even the 1878 Posse Comitatus Act, which Congress
>> intended as a shield to protect citizens from the military,
>> places any significant limitations on presidential power.
>> That’s what Virginia attorneys William Olson and Alan Woll
>> discovered when they looked into the matter for Gun Owners
>> of America, a Washington-based lobbying organization
>> dedicated to defending the Second Amendment.
>> Last December Olson and Woll published an analysis on
>> "Executive Orders and National Emergencies: Presidential
>> Power Grab Nearly Unchecked," which was featured in
>> WorldNetDaily. This earlier work prompted Larry Pratt,
>> president and executive director of GOA, to commission the
>> attorneys to examine a related issue.
>> "I asked them to look at all the executive orders and see if
>> there was a nexus with guns; some kind of hook that would
>> allow the government to get a hook on our trigger guards, so
>> our guns can be pulled from our hands through some power
>> they had delegated to themselves by executive order," Pratt
>> recalled in a telephone interview.
>> Though unable to find a direct reference that would permit
>> gun confiscation, "What they discovered was worse," said
>> Pratt. "The president doesn’t have to sign an executive
>> order. He already has the power to go after our guns."
>> The Olson-Woll report entitled "Presidential Powers to Use
>> the U.S. Armed Forces to control Potential Civilian
>> Disturbances," developed naturally from their earlier
>> research, but it is written as though it were a memo to the
>> president, from a "Counsel’s Office," in response to a White
>> House request for a legal opinion about how far the
>> president can go in using the military for law enforcement
>> purposes in the event of a Y2K or other crisis: Would a
>> declaration of martial law be necessary to call out the
>> military? What about the Posse Comitatus Act?
>> "This memorandum is fictional but accurately depicts the
>> broad powers assumed and exercised by presidents to utilize
>> U.S. military forces to regulate civilian activity," the
>> authors state in a disclaimer.
>> "We wrote it that way to draw peoples’ attention to the
>> issues," Olson explained by telephone. "We hoped that using
>> this format to present the information would make it more
>> real. A lot of what we talk about sounds like history, but
>> it’s quite current, and one could imagine the president
>> asking for advice on this very issue."
>> The answers to the hypothetical questions came as a
>> "complete surprise" to Larry Pratt and to the authors
>> themselves. "We had no idea that his powers were so broad,"
>> said Olson. "The fact that there are these vast standby
>> statutory powers is shocking. I’m afraid Congress keeps
>> passing the laws that grant this power and never stands back
>> and asks, ‘What have we done?’ It’s time that they start
>> looking and asking."
>> The statutes referred to are found in Title 10 of the U.S.
>> Code, which deals with the Armed Forces. Through them the
>> president is given authority to intervene with military
>> force in a state’s domestic disputes, upon request from the
>> state legislature or governor — or without it. Some
>> examples cited by Olson and Woll:
>> Title 10, U.S. Code, Section 331: Whenever there is an
>> insurrection in any State against its government, the
>> President may, upon the request of its legislature or its
>> governor … use such of the armed forces, as he considers
>> necessary to suppress the insurrection.
>> Title 10, U.S. Code, Section 332: Whenever the President
>> considers that unlawful obstructions, combinations, or
>> assemblages, or rebellion against the authority of the
>> United States, make it impracticable to enforce the laws of
>> the United States in any State or Territory … he may call
>> into Federal service such of the militia of any State, and
>> use such of the armed forces, as he considers necessary to
>> enforce those laws or to suppress the rebellion.
>> Title 10, U.S. Code, Section 333: The President, by using
>> the militia or the armed forces, or both, or by other means,
>> shall take such measures as he considers necessary to
>> suppress, in a State, any insurrection, domestic violence,
>> unlawful combination or conspiracy, if it hinders the
>> execution of the laws of that State, and of the United
>> States within the State … or opposes or obstructs the
>> execution of the laws of the United States or impedes the
>> course of justice under those laws …
>> Olson and Woll discovered that the U.S. Supreme Court ruled
>> in 1863 that the president can unilaterally decide whether
>> an insurrection is in effect and determine how much force is
>> necessary to suppress it. He can "brand as belligerents the
>> inhabitants of any area in general insurrection."
>> Equally shocking, in Olson’s view, as the fact that the
>> president can use the military against civilians, is the
>> fact that former presidents have done so on "many
>> occasions" — none of them declaring martial law.
>> For example, in 1914 President Woodrow Wilson deployed
>> federal troops in Colorado to suppress a labor dispute.
>> Olson-Wolls point out that Wilson ordered the U.S. Army to
>> disarm American citizens — including state and local
>> officials, sheriffs, the police and the National Guard; to
>> arrest American citizens; to monitor the state judicial
>> process and re-arrest (and hold in military custody) persons
>> released by the state courts; and to deny writs of habeas
>> corpus issued by state courts.
>> Earlier, in South Carolina in 1871, without declaring
>> martial law, President Grant sent troops into nine counties
>> of South Carolina to enforce a proclamation commanding the
>> residents to give up their arms and ammunition.
>> Between 1807 and 1925, federal troops were used more than
>> 100 times to quell domestic disturbances — sometimes the
>> presence of the troops alone was enough to discourage the
>> participants.
>> "Look at the history," Olson exclaimed. "None of what’s
>> happening is new. Could you ever imagine that the President
>> of the United States could order the Army to disarm
>> sheriffs, disarm police, and disarm the National Guard?
>> Isn’t that beyond what you’d ever dream?
>> "But it has happened. It’s the fact that this has happened
>> that should cause people to take this issue seriously."
>> But doesn’t the Posse Comitatus Act provide restrictions
>> against the use of the military? This is the act that
>> prohibits the Army or Air force from acting as a posse
>> comitatus — "the population of a county the sheriff may
>> summon to assist him in certain cases."
>> "No one should ever think the Posse Comitatus Act is any
>> check whatsoever on the ability of the federal government to
>> employ military might against civilians," said Olson.
>> "We were surprised at how weak the Posse Comitatus Act is,"
>> he continued. "There have been no prosecutions ever, and it
>> doesn’t apply to any branch of the armed forces except the
>> Army and the Air Force. It doesn’t have any implementing
>> regulations, yet it has a huge exception — that deployment
>> of the Army or Air Force as a posse comitatus is a crime,
>> ’except in cases and under circumstances expressly
>> authorized by the Constitution or Act of Congress.’
>> "That ‘Constitution or Act of Congress’ exception is so
>> broad you can drive a truck through," Olson remarked.
>> "The final thing that surprised us was that that the
>> military doesn’t need an order from the president to have
>> control over civilians," Olson said. "I had always thought
>> only the president could declare martial law, but apparently
>> not. Apparently any commander can do it, can suspend all
>> civil rights."
>> Larry Pratt considers this last the most egregious of all
>> the Olson-Woll findings.
>> "Military commanders can act on the basis that there is an
>> emergency," said Pratt. "They don’t have to wait until
>> martial law is declared. The powers that they have in their
>> hands are tremendous.
>> "People can’t expect President Clinton to sit there in front
>> of a camera and say, ‘Tonight I have declared martial law,’"
>> Pratt said. "You’ll just find out about it when you try and
>> get on the main highway and there’s a humvee with a soldier
>> who says, ‘Turn back.’ And when you ask why, he puts his gun
>> into ready position and says, ‘I’m only following orders.
>> Please turn back.’
>> "You can challenge that. You can say they — the commander
>> or the soldier — have no constitutional authority for this,
>> and you may be correct. But you will be arguing on the wrong
>> side of a barbed wire fence. They can simply do it. It will
>> not be debated.
>> "It’s wonderful," Pratt noted, ironically. "It goes beyond
>> what [White House spokesperson] Paul Begala said about
>> executive orders: You know, ‘Stroke of a pen. Law of the
>> land. Kinda cool.’ Martial law could be initiated by one
>> commander sending an e-mail to a guy at the base to muster
>> his troops.
>> "Stroke of a keyboard, martial law. Kinda cool," Pratt said.
>> Regards,
>> Anthony
>______________________________________________________________________
>To unsubscribe, write to survivalring-unsubscr…@listbot.com
>Start Your Own FREE Email List at http://www.listbot.com/
>————–40A166C18E9A575D1A70D7C4–
–
Dan Goodman
dsg…@visi.com
http://www.visi.com/~dsgood/index.html
Whatever you wish for me, may you have twice as much.