American Samizdat

Saturday, October 28, 2006. *

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.


TITLE 10--ARMED FORCES

Subtitle A--General Military Law

PART I--ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 15--INSURRECTION

Sec. 333. Interference with State and Federal law

The President, by using the militia or the armed forces, or both, or
by any other means, shall take such measures as he considers necessary
to suppress, in a State, any insurrection, domestic violence, unlawful
combination, or conspiracy, if it--
(1) so hinders the execution of the laws of that State, and of
the United States within the State, that any part or class of its
people is deprived of a right, privilege, immunity, or protection
named in the Constitution and secured by law, and the constituted
authorities of that State are unable, fail, or refuse to protect
that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United
States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to
have denied the equal protection of the laws secured by the
Constitution.

(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)


TITLE 10--ARMED FORCES

From the John Warner National Defense Authorization Act for Fiscal Year 2007:
SEC. 1042. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.

(a) USE OF THE ARMED FORCES AUTHORIZED-

(1) IN GENERAL- Section 333 of title 10, United States Code, is amended to read as follows:

`Sec. 333. Major public emergencies; interference with State and Federal law

`(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES- (1) The President may employ the armed forces, including the National Guard in Federal service, to--

`(A) 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--

`(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and

`(ii) such violence results in a condition described in paragraph (2); or

`(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).

`(2) A condition described in this paragraph is a condition that--

`(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

`(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

`(3) In any situation covered by paragraph (1)(B), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

`(b) NOTICE TO CONGRESS- The President shall notify Congress of the determination to exercise the authority in subsection (a)(1)(A) as soon as practicable after the determination and every 14 days thereafter during the duration of the exercise of the authority.'.

(2) PROCLAMATION TO DISPERSE- Section 334 of such title is amended by inserting `or those obstructing the enforcement of the laws' after `insurgents'.

(3) HEADING AMENDMENT- The heading of such 15 of such title is amended to read as follows:

`CHAPTER 15--ENFORCEMENT OF THE LAWS TO RESTORE PUBLIC ORDER'.

(4) CLERICAL AMENDMENTS- (A) The table of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 15 and inserting the following new item:

331'.

(B) The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to sections 333 and inserting the following new item:

`333. Major public emergencies; interference with State and Federal law.'.

(b) PROVISION OF SUPPLIES, SERVICES, AND EQUIPMENT-

(1) IN GENERAL- Chapter 152 of such title is amended by adding at the end the following new section:

`Sec. 2567. Provision of supplies, services, and equipment in major public emergencies

`(a) PROVISION AUTHORIZED- In any situation in which the President determines to exercise the authority in section 333(a)(1)(A) of this title, the President may direct the Secretary of Defense to provide supplies, services, and equipment to persons affected by the situation.

`(b) COVERED SUPPLIES, SERVICES, AND EQUIPMENT- The supplies, services, and equipment provided under this section may include food, water, utilities, bedding, transportation, tentage, search and rescue, medical care, minor repairs, the removal of debris, and other assistance necessary for the immediate preservation of life and property.

`(c) LIMITATIONS- (1) Supplies, services, and equipment may be provided under this section--

`(A) only to the extent that the constituted authorities of the State or possession concerned are unable to provide such supplies, services, and equipment, as the case may be; and

`(B) only until such authorities, or other departments or agencies of the United States charged with the provision of such supplies, services, and equipment, are able to provide such supplies, services, and equipment.

`(2) The Secretary may provide supplies, services, and equipment under this section only to the extent that the Secretary determines that doing so will not interfere with military preparedness or ongoing military operations or functions.

`(d) INAPPLICABILITY OF CERTAIN AUTHORITIES- The provision of supplies, services, or equipment under this section shall not be subject to the provisions of section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)).'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`2567. Provision of supplies, services, and equipment in major public emergencies.'.

(c) CONFORMING AMENDMENTS- Section 12304(c) of such title is amended--

(1) by striking paragraph (1); and

(2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.



H.R. 6166: Military Commissions Act of 2006
Military Commission Act Not Lawfully Passed


Addendum:

There's a very interesting recommended story today at dkos since my last post...

NV-SEN: Why I've just quit Jack Carter's campaign (it's OK, he'll still win)

by Greg at Carter for Nevada [Subscribe]
Sat Oct 28, 2006 at 12:59:11 PM PDT

I've just quit Jack Carter's campaign. In fact, I will no longer be working to elect Democrats during this cycle.

Don't worry - it's not what it sounds like. I've neither lost my ideals nor my mind.

I've quit because something more important has come up. "More important than electing Democrats this year?" Well, yes, hard as that may be to believe. But it's more fair to say that my individual efforts over the next ten days are needed elsewhere. I can do a little to help Jack Carter, or a lot to help protect our way of governing.It has to do with the President's ability to declare martial law

posted by Uncle $cam at 9:07 PM
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