HUGE! Bush Guts Posse Comitatus, Grabs National Guard!
by Major Danby
Wed Oct 18, 2006
If I told you that Congress was considering passing a law that gives the President — this President — the power, in the event of any “disaster, accident, or catastrophe” that he deems to require it, to:
– involuntarily take National Guard troops from State A and
– require them to work in State B for up to a year,
– in law enforcement rather than just traditional areas like disaster relief,
– over the objection of both state’s governors
would you believe it? Probably not. And you’d be right. Congress is not considering such a bill.
IT ALREADY PASSED SUCH A BILL THREE WEEKS AGO!
The Fiscal Year 2007 Defense Authorization Bill was envisioned as a bill that would strengthen the National Guard. With a sick sense of irony, the Bush Administration gutted this provision and replaced it with a “body snatcher” provision that represented “a sizable step toward weakening states’ authority over their Guard units.” The provision “mak[es] it easier for the President to declare martial law, stripping state governors of part of their authority over state National Guard units in domestic emergencies.”
Here’s an explanation for what this law does; the citation for which I’m omitting:
When the President invokes section 333 of chapter 15, he may involuntarily call to active duty members of the reserve components (not more than 200,000 Select Reserve and Individual Ready Reserve, of whom not more than 30,000 may be Individual Ready Reserve) for up to 365 days to conduct law enforcement activities in a disaster, accident, or catastrophe area and, if such incident involves a terrorist or WMD threat or attack, other response activities. In addition, the President may involuntarily call to active duty members of the reserve components to provide supplies, services, and equipment to persons affected by the disaster, accident, or catastrophe. As soon as practicable after invoking section 333 of chapter 15, the President must notify Congress of his determination to exercise this authority. However, within 24 hours of involuntarily calling to active duty members of the reserve components, the President must submit to Congress a report, in writing, setting forth the circumstances necessitating this action and describing the anticipated use of these members.
They did this in a very subtle way. It’s hard to notice unless you’re looking for it.
* Section 522 (House section 511) extends from 270 days to 365 days
the period for which the Selected Reserve and Individual Ready Reserve may be involuntarily called to active duty.
* Section 1076 (Senate section 1042):
o Amends the “Insurrection Act” (i.e., Chapter 15 of title 10, U.S. Code) by:
Â§ Changing the title of chapter 15 of title 10, U.S. Code) from “Insurrection” to “Enforcement of the Laws to Restore Public Order”;
Â§ Changing the title of section 333 of chapter 15 from “Interference with State and Federal Law” to “Major Public Emergencies; Interference with State and Federal Law”;
Â§ Clarifying the President’s authority, under section 33 of chapter 15, to use the armed forces, including the National Guard in Federal service, without a request from a State governor, to restore order and enforce Federal laws in cases where, as a result of a terrorist attack, epidemic, or natural disaster, public order has broken down; and
Â§ Including those who are obstructing the laws to the existing requirement for the President to issue a proclamation ordering insurgents to disperse and retire peaceably to their abodes within a limited time.
o Amends Chapter 152 of title 10, U.S. Code, to authorize, with certain limitations, the President, in any situation he determines to exercise the authority provided in section 333 of chapter 15, to direct the Secretary of Defense to provide supplies, services, and equipment (e.g., food, water, utilities, transportation, search and rescue, medical care, and other assistance necessary to save lives and property) to persons affected by the incident.
o Amends section 12304 of title 10, U.S. Code, eliminating the limitation imposed on the President’s authority to involuntarily call to active duty members of the reserve components to perform law enforcement and other duties in response to serious natural or man-made disasters, accidents, or catastrophes to only those incidents involving terrorist or weapons of mass destruction threats or attacks.
So now the President can send troops from Tennessee to quash what he deems a threat to civil order in Oregon, even if the governors of Tennessee and Oregon both object.
much more at: