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                    Todays Views:

Bush administration claims U.S. military can police American citizens

BY MICHAEL WEBSTER: Syndicated Investigative Reporter: Dec 18, 2008 at 12:30 PM PST

The Bush administration claims that the use of the military to support civil authorities stems from core national values as expressed in the Constitution. Article I, Section 8. It states, “Congress shall have power... to provide for calling forth the Militia to execute laws of the Union, suppress Insurrections, and repel Invasions.” Article II, Section 3 states the President, “...shall take care that the Laws be faithfully executed.” The 10th Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it, are reserved to the States respectively...,” providing the basis that Federal government support, including DoD assistance, is provided in support of State and local authorities.

The Bush administration indicates that the President is authorized by the Constitution and Title 10 (10 USC 331–334) to suppress insurrections, rebellions, and domestic violence. After issuing a Cease and Desist Order, the President issues an executive order that directs the Attorney General and the SECDEF to take appropriate steps to disperse insurgents and restore law and order. The Attorney General is then responsible to coordinate the federal response to domestic civil disturbances. The restrictions of the Posse Comitatus Act no longer apply to federal troops executing the orders of the President to quell the disturbance in accordance with Rules of the Use of Force (RUF) approved by the DoD General Counsel and the Attorney General.

Even though McHale said, the new units do not conduct law-enforcement missions. And further stated in the event of civil disturbances and some other types of national emergencies, other designated U.S. military units could be ordered by the president to help civil authorities establish order as part of the Garden Plot domestic security plan. However the USNORTHCOM Concept Plan (CONPLAN) 2502 (Civil Disturbance Operations), is the plan for supporting state and local authorities during civil disturbances. This plan serves as the foundation for any CDO operation and standardizes most activities and command relationships. Tasks performed by military forces may include joint patrolling with law enforcement officers; securing key buildings, memorials, intersections and bridges; and acting as a quick reaction force. The JTF commander, a general officer, coordinates all DoD support with the Senior Civilian Representative of the Attorney General (SCRAG). DoD will usually establish a JTF headquarters near where the Attorney General’s local representative is based.

Garden Plot is the DoD Civil Disturbance Plan, the generic Operations Plan [OPLAN] for military support related to domestic civil disturbances. The department of the Army Civil Disturbance Plan (DA GARDEN PLOT), is the governing publication for planning, deployment, employment, and redeployment of federal military resources involved in countering domestic civil disturbances. Military assistance to Federal, State, and local government (including government of U.S. territories) and their law enforcement agencies for civil disturbances and civil disturbance operations, including response to terrorist incidents, are referred to cumulatively as "Military Assistance for Civil Disturbances (MACDIS)."

The DoD Strategy for Homeland Defense and Civil Support (2005) defines Defense Support of Civil Authorities (DSCA) as, “DoD support, including federal military forces, the Department’s career civilian and contractor personnel, and DoD agency and component assets, for domestic emergencies and for designated law enforcement and other activities.” It notes that DSCA is also often referred to as Civil Support. There has been discussion in some DoD offices of distinguishing between the two terms: Civil Support as a total force construct with DSCA involving Federal support only and not include the National Guard in Title 32 or State Active Duty status. But as of 2008 they remained essentially synonymous.

Civil disturbances are riots, acts of violence, insurrections, unlawful obstructions or assemblages, or other disorders prejudicial to public law and order. The term civil disturbance includes all domestic conditions requiring or likely to require the use of Federal Armed Forces pursuant to the provisions of Chapter 15 of Title 10, United States Code.

The Posse Comitatus Act of 1878 (PCA), subsequent amendments and policy decisions prohibits the use of federal military forces (to include Reserve forces) to perform internal police functions. PCA thus restricts the type of support DoD can provide domestic law enforcement organizations. There are a wide variety of exceptions to the PCA and the law essentially gives the President all the authority he needs to employ DoD forces inside the U.S. although there may appropriately be political consequence that would inhibit such employment.

The term posse comitatus [po.si komitei.tAs, -tius , [med. (Anglo) L., force of the county: see prec. and county.] applies to the 'The force of the county’; the body of men above the age of fifteen in a county (exclusive of peers, clergymen, and infirm persons), whom the sheriff may summon or ‘raise’ to repress a riot or for other purposes; also, a body of men actually so raised and commanded by the sheriff.

In the United States the posse comitatus was perhaps most important on the Western frontier (there known as a posse), but it has been preserved as an institution in many states. Sheriffs and other peace officers have the authority to summon the power of the county. In some counties it is a crime to refuse assistance. In general, members of a posse comitatus have been permitted to use force if necessary to achieve a posse’s legitimate ends, but state laws differ as to the legal liability of one who in good faith aids an officer himself acting beyond his authority.

Congress sought to terminate the prevalent use of federal soldiers in civilian law enforcement roles in the South during the Reconstruction Period following the Civil War. The Posse Comitatus Act of 1878 created general prohibition against use of military personnel in civilian law enforcement. The most renowned statutory exception has been traditionally referred to as The Insurrection Acts (10 USC 331–334) that were modified and renamed to Enforcement of the Laws to Restore Public Order by the 2007 National Defense Authorization Act (NDAA). The new language clarifies Presidential authority to invoke the acts for situations resulting from natural disasters and other emergencies.

Military resources may be employed in support of civilian law enforcement operations in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions only in the parameters of the Constitution and laws of the United States and the authority of the President and the Secretary of Defense, including delegations of that authority through this Directive or other means.

The primary responsibility for protecting life and property and maintaining law and order in the civilian community is vested in the State and local governments. Supplementary responsibility is vested by statute in specific Agencies of the Federal Government other than the Department of Defense. The President has additional powers and responsibilities under the Constitution of the United States to ensure that law and order are maintained.

The mission at NORTHCOM is to anticipate events in the homeland and to be prepared to respond, to either prevent the attacks or defeat them if they occur and then to mitigate the consequences of those attacks should they occur. In addition, NORTHCOM has a secondary mission to provide defense support to civil authorities. It's an old mission that the Army used to lump together under the Garden Plot scenario, in that there was always a brigade that was prepared to respond to civil disturbances.

The Coast Guard, as well as the other Services, is required to maintain support plans. GARDEN PLOT is the name applicable to such service plans. Standard Operating Procedures (SOPs) of operational commanders should reflect guidance herein. Military assistance to civil authorities is a peacetime matter, not to be confused with military support of civil defense (MSCD), which is a wartime function.

DOD task force operations to quell civil disturbances off military property can be initiated only by Presidential order. Cases of such initiation in the past occurred during the urban political and racial unrest in the Vietnam era when federal troops were deployed on a number of occasions. GARDEN PLOT operations may include terrorist incidents, though the FBI, not the Army, will then be the lead agent. In the event of civil unrest upon the high seas and waters subject to the jurisdiction of the United States, where in the Coast Guard has standing statutory responsibility, Coast Guard units will in all likelihood be legitimately involved in law enforcement operations well before any Presidential invocation of civil disturbance plans. The Coast Guard character for law enforcement and cooperation with civil authorities is much broader than that of DOD services. DOD services are subject to law enforcement restrictions that are not applicable to the Coast Guard.

Cooperation with other services in GARDEN PLOT operations is paramount and requires particular understanding of task force constitution and chains of command. Civil disturbance planning cannot be deliberate in that force mix and locales are obviously indeterminate. Guidance herein will provide a basis for Coast Guard participation and related area and district supplemental instructions or other directives. Actual Coast Guard participation will in all likelihood be the logical extension of traditional law enforcement functions.

The Insurrection Act permitted the President to call the militia into Federal service to suppress insurrections and to enforce the law, including when State authorities were unable or unwilling to secure the Constitutional rights of their citizens. Rarely in U.S. history has this authority been employed. In fact, the National Guard has been federalized under the provisions of the Insurrection Act only ten (10) times since World War II.

It is believed by critic's and other patriots that the U.S. Government plans to exercise these options and imprison citizen decedents.