Section 1076 of the massive Authorization Act
John Public Law 109-364 Warner Defense Authorization Act
Mon Oct 30, 2006 19:48

Monday, October 30, 2006
John Warner Defense Authorization Act

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.


the overwhelming question is why...? why was this draconian measure even being considered, much less enacted...? why was it done covertly...? why haven't the media picked up on it...? never mind, i can answer that last one, but, fer god's sake, why hasn't it been jumped on by the major progressive blogs...? is it because no one wants to believe our government capable of actually taking such criminal action...? for those who pay attention, i don't see why that would be so hard to swallow... i've watched bushco move in this direction for nearly two years, step by secretive step... the pattern is clear for anyone who isn't afraid to see it for what it is... how, pray tell, can we bring this to a halt...? please, someone, tell me...

Can anyone help the good perfessor? I got nothin.

update: LeeB from the comments:

There's at least one person with a plan to answer this. Luke, I sent you the link to this first diary when I found it back on October 19. I think you've been awash in email since then so may not have seen it.

>From Major Danby (on Daily Kos): "HUGE! Bush Guts Posse Comitatus, Grabs National Guard!"

Then on Saturday, from Greg at Carter for Nevada (on Daily Kos): "NV-SEN: Why I've just quit Jack Carter's campaign (it's OK, he'll still win)"

The Connection: In Greg's tip jar, he says:
"One of the things that made me hesitate to do this is that it also means my giving up my anonymity as “Major Danby”. I’ll be writing and faxing letters about this, and potentially getting some radio play, and I can’t do that as effectively under a pseudonym. I’m not happy about outing myself. But this actually is a constitutional crisis in waiting, and the Bush Administration gives me no confidence that – even if this wasn’t an intentional move on their part – it will not use such power unfairly and to its advantage. So: goodbye anonymity. If you’re going to try to take Paul Revere’s ride to warn people about what King George's troops are doing, you have to let people know who you are."

Then, again on Daily Kos, from Major Danby: "Martial law, Section 1076, and FINGER: v1029.1"

I've been following Major Danby's posts for quite some time and have picked up a few biographical bits about him from some of them - that he is a law school professor is the most relevant.

The first post linked above is the bell-ringer; the second is where he's been hanging out for the past couple of months and what he intends to do to fight back - and why (the explanation won't be a surprise). The third is the launch he promised in the second.

There isn't much time to get everything done on the 'to-do' list before the election - just 8 more days, and Greg (Major Danby) says ". . . I want this damn law changed so quickly that it leaves skid marks on the Senate floor."

Me, too. I would just add we need to get the ENTIRE damn law changed that fast. But this part is especially important right NOW.

thnx LeeB


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