Public Law 109-364 adding insult to injury of hr6166

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."

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.

I have been kicking this one around for a day or two. I'd like to see what the hive mind thinks.

What worries me is what secret intel Bush has that led him to this action.  

Maybe my tinfoil is just a tad tight.

Hmmmm so what does it mean?

Leahy is a paranoid idiot, that's what I think; and that is what most of that crap is based on.

Quoted: Hmmmm so what does it mean?

It means DU will go nuts. King George! He will seize power just like Hitler did in 1933.  Forty years of darkness. Earthquakes, volcanoes...  The dead rising from the grave. Human sacrifice, dogs and cats living together - mass hysteria

Quoted: Quoted: Hmmmm so what does it mean? It means DU will go nuts. King George! He will seize power just like Hitler did in 1933.  Forty years of darkness. Earthquakes, volcanoes...  The dead rising from the grave. Human sacrifice, dogs and cats living together - mass hysteria

I hate it when that happens.

I wonder why the '06 troll didn't include the source of the story, namely URUKNET.BIZ?

As I'm sure our idiotic troll knows, Uruknet is an Italian Marxist site that actively supports the Iraqi terrorists, and frequently calls for fighting against the US forces in Iraq and elsewhere.

This is how it starts. Habeus Corpus is suspended, the blacks are freed, civil war rages, and then Atlanta burns.

Mark my words.

Quoted: I wonder why the '06 troll didn't include the source of the story, namely URUKNET.BIZ? As I'm sure our idiotic troll knows, Uruknet is an Italian Marxist site that actively supports the Iraqi terrorists, and frequently calls for fighting against the US forces in Iraq and elsewhere.

I saw it on Wolfesblog also.

This is how it starts. Habeus Corpus is suspended, the blacks are freed, civil war rages, and then Atlanta burns.

I'll bring plenty of kerosene for starting the fire to melt the railroad tracks.

Quoted: Quoted: I wonder why the '06 troll didn't include the source of the story, namely URUKNET.BIZ? As I'm sure our idiotic troll knows, Uruknet is an Italian Marxist site that actively supports the Iraqi terrorists, and frequently calls for fighting against the US forces in Iraq and elsewhere. I saw it on Wolfesblog also.

Who cares what blog links to it? The source (and story) is retarded, and it doesn't get better by being linked to.

That is nuckin futs man.  My tin foil may be on too tight but i think too think that this is a bad step in a wrong direction, we will see they keep on saying "so that Bush can impose Martial Law easier" not the POTUS, so that gives us about a year or two before TEOTWAWKI.  Better get your tin foil.

Quoted: Quoted: Quoted: I wonder why the '06 troll didn't include the source of the story, namely URUKNET.BIZ? As I'm sure our idiotic troll knows, Uruknet is an Italian Marxist site that actively supports the Iraqi terrorists, and frequently calls for fighting against the US forces in Iraq and elsewhere. I saw it on Wolfesblog also. Who cares what blog links to it? The source (and story) is retarded, and it doesn't get better by being linked to.

Lot of B.S. in it , I agree. How can you tell who posted it first? If it dosen,t say repost on it then it is always the source?

Quoted: Quoted: Hmmmm so what does it mean? It means DU will go nuts. King George! He will seize power just like Hitler did in 1933.  Forty years of darkness. Earthquakes, volcanoes...  The dead rising from the grave. Human sacrifice, dogs and cats living together - mass hysteria

Yes it's true.  This man has no penis.

Quoted: Quoted: Quoted: Quoted: I wonder why the '06 troll didn't include the source of the story, namely URUKNET.BIZ? As I'm sure our idiotic troll knows, Uruknet is an Italian Marxist site that actively supports the Iraqi terrorists, and frequently calls for fighting against the US forces in Iraq and elsewhere. I saw it on Wolfesblog also. Who cares what blog links to it? The source (and story) is retarded, and it doesn't get better by being linked to. Lot of B.S. in it , I agree. How can you tell who posted it first? If it dosen,t say repost on it then it is always the source?

Just going by where there is a by-line, rather than just an uncited post-and-run (as 'Edgecrusher' did). It's either from Uruknet or Indymedia, both notoriously anti-American sites.

Well just what the hell did y'all expect after all the outcry over the Hurricane Katrina goat-fuck?

retarded - why? because it didn't come from Rupert Murdoch's vast media empire? You won't ever see shit like this on your Televisions, because it's way too fucking important and more easily discounted by blind supporters of the current regime, one man's propaganda is another man's news....btw, i'm not a democrat...i believe in the constitution and dislike the corporatists who own/run this country..HR 6166 is a reality that should concern every American citizen, those who could care less...well, good luck in your life of freedom and liberty.


Indymedia is un-american/anti-american? or is blind obedience pro-american....there is nothing wrong with questioning the actions of those in government, it is our right, as is your opinion and i respect that

troll - yeah okay, you got me there, all i do is stir shit

i have no knowledge or association of uruknet, so yeah...not familiar with their views

Quoted: ...You won't ever see shit like this on your Televisions, because it's way too fucking important and more easily discounted by blind supporters of the current regime...

Or maybe it's not on the news because it's utter bullshit.

...one man's propaganda is another man's news....

Well, at least you admit it is propaganda.

HR 6166 is utter bullshit?

Quoted: HR 6166 is utter bullshit?

Yes. It doesn't exist.

Stop being obtuse. The bill is real, of course. It is the insane characterization of that bill by the stupid rant you posted that is bullshit.

insane characterization=different interpretation...right? questioning government prerogative is insane...stick with the program, don't ask questions...right?

It is the insane characterization of that bill by the stupid rant you posted that is bullshit.

+1!!!!!!!!!!

Quoted: insane characterization=different interpretation...right? questioning government prerogative is insane...stick with the program, don't ask questions...right?

Right on, man. You get on with your bad self and fight the power! And hey, if that means posting stupid articles that you are too embarrassed to include the source of and mindlessly parroting leftard slogans, well, so be it.

too bad leahy isnt always this consistant with his strong support of the constitution.

Quoted: insane characterization=different interpretation...right? questioning government prerogative is insane...stick with the program, don't ask questions...right?

I thought I had responded to this one already . . . but from my reading of this bill all it does it make it so that when another Democrat Governor and Mayor have a major disaster in their AoR and stand around with their thumbs up their fourth point of contact then the President can declare it a disaster area and take it over so the THE JOB CAN GET DONE.

Incompetence at the state level has made this bill necessary, but it does not in fact give significantly more power to the Executive Branch than they had before.  They will still face oversight from the Legislative and Judicial branches and once the Democrats have that locked up, too, then we will see abuses outside the law go unpunished.

Quoted: Quoted: HR 6166 is utter bullshit? Yes. It doesn't exist. Stop being obtuse. The bill is real, of course. It is the insane characterization of that bill by the stupid rant you posted that is bullshit.

The president can declare Martial Law? O my god how did this happen! This hasn't happen since Lincoln and we all know what an uncaring selfish man he was all most as bad as that guy who rebelled against the government, Washington.

Note the above is sarcasms Lincoln and Washington were two of our greatest presidents.

The President has always had the power to declare martial law. I don’t think that Bush will suspend the Constitution and declare himself dictator for life. That what a Senator from New York wants to do if she gets elected President.

One thing I think is kinda funny about this whole thing...  it was written so if another Katrina happens, then the Pres can tell the state gov to sod off and take care of things...  makes sense, yes?  Well, I wonder how much thought the lawmakers put into what they make...  essentially any law can be abused, and I don't see much in the line of restrictions to keep it from being abused by a later administration for things it wasn't written for.  *shrug* then again, reading the bill way too early in the morning probably damaged my reading comprehension.  Thoughts anyone?

Quoted: One thing I think is kinda funny about this whole thing...  it was written so if another Katrina happens, then the Pres can tell the state gov to sod off and take care of things...  makes sense, yes?  Well, I wonder how much thought the lawmakers put into what they make...  essentially any law can be abused, and I don't see much in the line of restrictions to keep it from being abused by a later administration for things it wasn't written for.  *shrug* then again, reading the bill way too early in the morning probably damaged my reading comprehension.  Thoughts anyone?

My thoughts on it too.

Quoted: Quoted: insane characterization=different interpretation...right? questioning government prerogative is insane...stick with the program, don't ask questions...right? Right on, man. You get on with your bad self and fight the power! And hey, if that means posting stupid articles that you are too embarrassed to include the source of and mindlessly parroting leftard slogans, well, so be it.

actually, i got the whole thing from a blog..so unimportant and not trying to hide it, don't actually remember where i was at when i hit Ctrl+C

I am not one to just think everything is left and right, because it's so much more than that, just about everyone of these fucking politicians is corporate interest...and that's fascism. Everyone wants to think so simply...i think and go astray sometimes, but our government is too fucking big, compartmentalized and unaccountable..it isn't as simple as blaming the dems or republicans...people calling me stupid, insane or otherwise for my views plays right into everything perfectly, meanwhile changes in the government's way of doing thing happen incrementally while the sheep graze..if you don't get that, then live your left/right paradigm..it's your choice, you're the perfect candidate for it

With all the low post count, newly registered posters on this thread, you'd think the DU and Daily Cos websites were down.

You ever wonder....


The Democrats complain and complain about this law and that law.
Yet they never seem to filibuster anything but judges they don't like.

They say that such and such a law is a threat to our freedom, the Constitution, and World Peace -yet they don't filibuster to stop it.

Why is that?

In case you're having trouble finding the bias, let me point it out to you:

which grants the Pentagon another $500-plus-billion for its ill-advised adventures