posted on Jul, 17 2008 @ 10:03 AM
The John Warner Defense Authorization Act of 2007, which was quietly signed by Bush on October 17, 2006, the very same day that he signed the Military
Commissions Act, allows the president to station military troops anywhere in the United States and take control of state-based National Guard units
without the consent of the governor or local authorities, in order to “suppress public disorder.”
By revising the two-century-old Insurrection Act, the law in effect repeals the Posse Comitatus Act, which placed strict prohibitions on military
involvement in domestic law enforcement. The 1878 Act 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.” As the only US criminal statute that outlaws military operations directed against
the American people, it has been our best protection against tyranny enforced by martial law—the harsh system of rules that takes effect when the
military takes control of the normal administration of justice. Historically martial law has been imposed by various governments during times of war
or occupation to intensify control of populations in spite of heightened unrest. In modern times it is most commonly used by authoritarian governments
to enforce unpopular rule.1
Section 333 of the Defense Authorization Act of 2007, entitled “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 (or “refuse” or “fail” in) maintaining public order—in order to
suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.”
Thus an Act of Congress, superceding the Posse Comitatus Act, has paved the way toward a police state by granting the president unfettered legal
authority to order federal troops onto the streets of America, directing military operations against the American people under the cover of “law
enforcement.”
The massive Defense Authorization Act grants the Pentagon $532.8 billion to include implementation of the new law which furthermore facilitates
militarized police round-ups of protesters, so-called illegal aliens, potential terrorists, and other undesirables for detention in facilities already
contracted and under construction, (see Censored 2007, Story #14) and transferring from the Pentagon to local police units the latest technology and
weaponry designed to suppress dissent.
Author Frank Morales notes that 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 19, 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.”
A few weeks later, on September 29, 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 la