Martial law, Posse Comitatus, Bush and the Bulldog Manifesto
i received this in my email from a blogger that i respect... he raises some very good points that i expand on in my reply... (yes, it's long...)
----- Original Message -----
From: "The Bulldog Manifesto"
To:
Subject: Operation Garden Plot -- From FEMA to the Military, a Prelude to Martial Law?
Date: Mon, 26 Sep 2005 05:59:22 -0400 (EDT)
>
> I was inspired to write this article last week after speaking
> with a FEMA employee who is presently involved in the Hurricane
> Katrina response. I was told by the employee (who shall remain
> anonymous) that FEMA has, to the dismay of many FEMA employees,
> become increasingly put under the command of the military. I
> refrained from writing anything on this subject until I looked
> further into the matter. Then, I noticed an article in yesterday's
> edition of Newsday. According to the article, George W. Bush is
> urging the military to take a larger role in disaster relief.
>
> Why is this an issue? Well, because it potentially violates the
> Posse Comitatus Act of 1887.
(more)
> Pursuant to the Posse Comitatus Act, Federal military personnel and
> units are forbidden to act in a law enforcement capacity within the
> United States, except where expressly authorized by the
> Constitution or the Congress. Coupled with the Insurrection Act,
> the powers of the Federal government to use the US military for law
> enforcement are limited. Although there are a few exceptions to
> the Posse Comitatus Act, it seems that the President is urging
> militarization that goes well beyond those exceptions. In essence,
> the President is attempting a universal circumvention of Posse
> Comitatus under the guise of disaster relief.
>
> Is this a surprise? Not really.
>
> Under the heading of "civil disturbance planning", the U.S.
> military has been training troops to deal with American citizens
> for quite some time. The master plan, Department of Defense Civil
> Disturbance Plan 55-2, is code-named, "Operation Garden Plot".
> Originating in 1968, Operation Garden Plot has spawned military
> training courses which teach federal troops, inter alia, how to
> institute and enact martial law.
>
> According the the military curriculum under Operation Garden Spot:
> PART F - MARTIAL LAW (Also see Appendix A)
>
> 1. General. Martial law depends on public necessity. The extent of
> the military force and the measures taken will depend upon the
> actual threat to order and public safety. The decision to impose
> federal martial law is normally made by the President. (See
> Appendix A for details of martial law.)
>
> 2. Legal Effects of Martial Law. In an area where martial law is
> maintained by federal military forces, the local civil and criminal
> laws will continue. Their actual enforcement may be suspended
> because of the inability of the civil authorities to function. Laws
> may also be suspended by order of the President or by order of the
> military commander acting under authority of the President. Under
> martial law, the President may cause military agencies to arrest
> civilians charged with offenses against special rules and
> regulations issued by the military commander. They may stay in
> military custody until they can be released safely or delivered for
> trial.
>
> 3. General Restrictions on Civilian Population in the United
> States. In martial law, the military commander manages the local
> government. He may have to protect civil officials. He may also
> provide for emergency public service to prevent or relieve human
> suffering. Proclamations and restrictions on the rights of citizens
> or on the civilian economy are normally issued by the commander
> through the media." In other words, the President is taking
> disaster relief out of the hands of an organization that was
> created "to lead America to prepare for, prevent, respond to and
> recover from disasters" and putting it into the hands of an
> organization that was trained in instituting martial law! Disaster
> relief has gone from being a civilian matter to a military
> operation.
>
> Along with militarization comes everything that typically comes
> with the military. Military law. Military courts. Reduction in
> transparency. You name it.
>
> Was this necessary? No.
>
> FEMA was not always as inept as it is today. Even FEMA's website
> gives credit to the Clinton administration for initiating "sweeping
> reforms that streamlined disaster relief and recovery operations."
> FEMA even gives Clinton kudos for insisting "on a new emphasis
> regarding preparedness and mitigation, and focus[ing] agency
> employees on customer service." It wasn't until the Bush
> administration put FEMA under the umbrella of the Department of
> Homeland Security, cut it's funding, and put an unqualified former
> Arabian Horse Show Judge in control of the organization that FEMA
> became so dysfunctional.
>
> Who is to blame?
>
> Well, it's not unfair to blame George W. Bush for the current shape
> of FEMA. After all, he did create the Department of Homeland
> Security and he (and the Republican congress) did pass legislation
> that put FEMA under the umbrella of the Department of Homeland
> Security. He is also responsible for putting an unqualified former
> Arabian horse show judge in charge of FEMA. And certainly, if our
> national guard are spread too thin because of the war in Iraq,
> President Bush is responsible for that too. And certainly,
> hurricanes are not unforseeable events. In fact, as far back as
> July, scientists predicted:
> "Based on current and projected climate signals, the Tropical Storm
> Risk (TSR) consortium, which is led by the BHRC, predicts:
>
> * A 97% probability of an above-normal Atlantic hurricane season
> * 15 tropical storms for the Atlantic basin as a whole, with
> nine of these being hurricanes and four intense hurricanes
> * Five tropical storm strikes on the US, of which two will be hurricanes
> * Two tropical storm hits, including one hurricane on the
> Caribbean Lesser Antilles." So, it's certainly fair to say that
> circumvention of Posse Comitatus was avoidable at one point, and
> could certainly still be avoidable if the Bush Administration was
> willing to change it's course and take FEMA seriously.
>
> Final Thoughts
>
> As usual, the Bush administration has no patience for complex
> issues. Like Iraq, the same goes for disaster relief. In each
> instance, it seems the best Bush can suggest is militarization.
> Essentially, when the going gets tough, George W. Bush sends in the
> troops.
>
> Without concern for the risks, this administration would rather go
> ahead and circumvent well-established law. Rather than fix FEMA,
> the Bush administration would rather militarize the American
> citizenry.
>
> At what point will these so-called conservatives realize that the
> military budget is still a part of the overall budget? At what
> point will they realize that spending, for example, $10 billion
> dollars on the military is still spending $10 billion dollars, and
> that perhaps, the military isn't always the best option for America?
>
> At what point will they learn that a big military is a big government?
(my reply...)
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----- Original Message -----
From: "The Bulldog Manifesto"
To:
Subject: Operation Garden Plot -- From FEMA to the Military, a Prelude to Martial Law?
Date: Mon, 26 Sep 2005 05:59:22 -0400 (EDT)
>
> I was inspired to write this article last week after speaking
> with a FEMA employee who is presently involved in the Hurricane
> Katrina response. I was told by the employee (who shall remain
> anonymous) that FEMA has, to the dismay of many FEMA employees,
> become increasingly put under the command of the military. I
> refrained from writing anything on this subject until I looked
> further into the matter. Then, I noticed an article in yesterday's
> edition of Newsday. According to the article, George W. Bush is
> urging the military to take a larger role in disaster relief.
>
> Why is this an issue? Well, because it potentially violates the
> Posse Comitatus Act of 1887.
(more)
> Pursuant to the Posse Comitatus Act, Federal military personnel and
> units are forbidden to act in a law enforcement capacity within the
> United States, except where expressly authorized by the
> Constitution or the Congress. Coupled with the Insurrection Act,
> the powers of the Federal government to use the US military for law
> enforcement are limited. Although there are a few exceptions to
> the Posse Comitatus Act, it seems that the President is urging
> militarization that goes well beyond those exceptions. In essence,
> the President is attempting a universal circumvention of Posse
> Comitatus under the guise of disaster relief.
>
> Is this a surprise? Not really.
>
> Under the heading of "civil disturbance planning", the U.S.
> military has been training troops to deal with American citizens
> for quite some time. The master plan, Department of Defense Civil
> Disturbance Plan 55-2, is code-named, "Operation Garden Plot".
> Originating in 1968, Operation Garden Plot has spawned military
> training courses which teach federal troops, inter alia, how to
> institute and enact martial law.
>
> According the the military curriculum under Operation Garden Spot:
> PART F - MARTIAL LAW (Also see Appendix A)
>
> 1. General. Martial law depends on public necessity. The extent of
> the military force and the measures taken will depend upon the
> actual threat to order and public safety. The decision to impose
> federal martial law is normally made by the President. (See
> Appendix A for details of martial law.)
>
> 2. Legal Effects of Martial Law. In an area where martial law is
> maintained by federal military forces, the local civil and criminal
> laws will continue. Their actual enforcement may be suspended
> because of the inability of the civil authorities to function. Laws
> may also be suspended by order of the President or by order of the
> military commander acting under authority of the President. Under
> martial law, the President may cause military agencies to arrest
> civilians charged with offenses against special rules and
> regulations issued by the military commander. They may stay in
> military custody until they can be released safely or delivered for
> trial.
>
> 3. General Restrictions on Civilian Population in the United
> States. In martial law, the military commander manages the local
> government. He may have to protect civil officials. He may also
> provide for emergency public service to prevent or relieve human
> suffering. Proclamations and restrictions on the rights of citizens
> or on the civilian economy are normally issued by the commander
> through the media." In other words, the President is taking
> disaster relief out of the hands of an organization that was
> created "to lead America to prepare for, prevent, respond to and
> recover from disasters" and putting it into the hands of an
> organization that was trained in instituting martial law! Disaster
> relief has gone from being a civilian matter to a military
> operation.
>
> Along with militarization comes everything that typically comes
> with the military. Military law. Military courts. Reduction in
> transparency. You name it.
>
> Was this necessary? No.
>
> FEMA was not always as inept as it is today. Even FEMA's website
> gives credit to the Clinton administration for initiating "sweeping
> reforms that streamlined disaster relief and recovery operations."
> FEMA even gives Clinton kudos for insisting "on a new emphasis
> regarding preparedness and mitigation, and focus[ing] agency
> employees on customer service." It wasn't until the Bush
> administration put FEMA under the umbrella of the Department of
> Homeland Security, cut it's funding, and put an unqualified former
> Arabian Horse Show Judge in control of the organization that FEMA
> became so dysfunctional.
>
> Who is to blame?
>
> Well, it's not unfair to blame George W. Bush for the current shape
> of FEMA. After all, he did create the Department of Homeland
> Security and he (and the Republican congress) did pass legislation
> that put FEMA under the umbrella of the Department of Homeland
> Security. He is also responsible for putting an unqualified former
> Arabian horse show judge in charge of FEMA. And certainly, if our
> national guard are spread too thin because of the war in Iraq,
> President Bush is responsible for that too. And certainly,
> hurricanes are not unforseeable events. In fact, as far back as
> July, scientists predicted:
> "Based on current and projected climate signals, the Tropical Storm
> Risk (TSR) consortium, which is led by the BHRC, predicts:
>
> * A 97% probability of an above-normal Atlantic hurricane season
> * 15 tropical storms for the Atlantic basin as a whole, with
> nine of these being hurricanes and four intense hurricanes
> * Five tropical storm strikes on the US, of which two will be hurricanes
> * Two tropical storm hits, including one hurricane on the
> Caribbean Lesser Antilles." So, it's certainly fair to say that
> circumvention of Posse Comitatus was avoidable at one point, and
> could certainly still be avoidable if the Bush Administration was
> willing to change it's course and take FEMA seriously.
>
> Final Thoughts
>
> As usual, the Bush administration has no patience for complex
> issues. Like Iraq, the same goes for disaster relief. In each
> instance, it seems the best Bush can suggest is militarization.
> Essentially, when the going gets tough, George W. Bush sends in the
> troops.
>
> Without concern for the risks, this administration would rather go
> ahead and circumvent well-established law. Rather than fix FEMA,
> the Bush administration would rather militarize the American
> citizenry.
>
> At what point will these so-called conservatives realize that the
> military budget is still a part of the overall budget? At what
> point will they realize that spending, for example, $10 billion
> dollars on the military is still spending $10 billion dollars, and
> that perhaps, the military isn't always the best option for America?
>
> At what point will they learn that a big military is a big government?
(my reply...)
i don't view bushco's moves to militarize domestically as either impatience with complex issues or ineptness... i don't consider myself a big conspiracy theorist but i'm more and more convinced that bushco is implementing a deliberate strategy to neuter FEMA (and the federal government in general) and to lay the groundwork for declaring martial law... everything the bush administration does is focused on consolidating more power and every step they take must be viewed through that filter... they are neither impatient nor incompetent... in fact, quite the contrary... they are moving step by well-planned step to get what they want and by insuring that fema appears in disarray, they are merely laying the groundwork for their ultimate intentions... there are lots of folks out there who put this kind of thinking squarely in tin-foil hatville and, by advancing such notions, we (you, i, whoever) run the risk of being derided, chided and dismissed... so be it... i put nothing past this crowd... imho, they are flat-out dangerous... here's some more fodder for your thinking...Submit To Propeller
i have noticed articles (as you have) commenting on bush's increasing push to use the military in reponse to domestic disasters and i posted on it last week...
http://takeitpersonally.blogspot.com/2005/09/military-is-most-capable.html
http://alternet.org/katrina/25740/
there was a military exercise conducted in d.c. the other day - granite shadow - conducted by a unit of northcom, designed to demo how the military would respond in a martial law situation which i posted on as well... not coincidentally, the exercise took place as rita approached and just prior to the anti-war protestors gathering for the weekend's march...
http://takeitpersonally.blogspot.com/2005/09/turning-special-forces-military-loose.html
http://blogs.washingtonpost.com/earlywarning/2005/09/today_in_dc_com.html
bushco has established the precedent of using paid mercenaries to wage war... this has been most visible in iraq and recently made its appearance inside the borders of the u.s. post-katrina... when you think about the decimation of military strength over the past few years and the difficulties in obtaining new recruits, a privatized army begins to make a lot of sense... i recently posted on this disturbing development...
http://takeitpersonally.blogspot.com/2005/09/besides-military-operating.html
http://www.alternet.org/katrina/25858/
http://www.blackwaterusa.com/about/
bush extended the national state of emergency for the 4th straight year in a row on september 21... (fortunately, we're not the only ones picking up on these threads and i included a kos diary in my post...)
http://takeitpersonally.blogspot.com/2005/09/how-interesting-bush-extends-national.html
http://www.dailykos.com/storyonly/2005/9/23/102830/522
http://www.whitehouse.gov/news/releases/2005/09/20050921-9.html
there has also been official comment made by the defense department (i don't have a link or the exact quote) that the posse comitatus act is "antiquated" and possibly doesn't apply to the current state of affairs... if i run across that link, i will send it to you...
in short, i think the u.s. is and has been under continuous assault since the stolen election/coup d'etat of 2000... when you put the frame of achieving absolute power around all of the actions of the administration since that time, what we have chosen to characterize as a "failed presidency" suddenly looks quite successful...
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posted by profmarcus at
9/26/2005
