Crossposted from my Blog,The Wild Wild Left
Posse Comitatus: The Act prohibits most members of the federal uniformed services (today the Army, Air Force, and State National Guard forces when such are called into federal service) from exercising nominally state law enforcement, police, or peace officer powers that maintain “law and order” on non-federal property (states and their counties and municipal divisions) within the United States.
The statute generally prohibits federal military personnel and units of the National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress.
When Herr Bush tried to force Louisiana to hand control of their National Guard as hostage for Federal assistance and they said “No,” the PTB were enraged at being thwarted. Another way needed to be found. You see, legally, nowhere does it say “except where expressly authorized by the President.”
So, Herr Change, continuing the non-change of the Unitary Executive created a loophole. Having the brightest mind at the helm backfires, when that mind is in service for the very forces that oppress us.
Enter Executive Order 13528.
If the President cannot command the use of State Guards, he could always create a body of Governors to do so for him.
Section 1. Council of Governors.
(a) There is established a Council of Governors (Council). The Council shall consist of 10 State Governors appointed by the President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms.
(b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council.
Sec. 2. Functions.
The Council shall meet at the call of the Secretary of Defense or the Co-Chairs of the Council to exchange views, information, or advice with the Secretary of Defense; the Secretary of Homeland Security; the Assistant to the President for Homeland Security and Counterterrorism; the Assistant to the President for Intergovernmental Affairs and Public Engagement; the Assistant Secretary of Defense for Homeland Defense and Americas’ Security Affairs; the Commander, United States Northern Command; the Chief, National Guard Bureau; the Commandant of the Coast Guard; and other appropriate officials of the Department of Homeland Security and the Department of Defense, and appropriate officials of other executive departments or agencies as may be designated by the Secretary of Defense or the Secretary of Homeland Security. Such views, information, or advice shall concern:
(a) matters involving the National Guard of the various States;
(b) homeland defense;
(c) civil support;
(d) synchronization and integration of State and Federal military activities in the United States; and
(e) other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities.
Sec. 3. Administration.
(a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council.
(b) Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law.
(c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support, assignment or detail of personnel, and information as may be necessary for the performance of the Council’s functions.
(d) The Council may establish subcommittees of the Council. These subcommittees shall consist exclusively of Members of the Council and any designated employees of a Member with authority to act on the Member’s behalf, as appropriate to aid the Council in carrying out its functions under this order.
(e) The Council may establish a charter that is consistent with the terms of this order to refine further its purpose, scope, and objectives and to allocate duties, as appropriate, among members.
Sec. 4. Definitions.
As used in this order:
(a) the term ”State” has the meaning provided in paragraph (15) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101 (15)); and
(b) the term ”Governor” has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (5)).
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Signature of Barack Obama
The White House,
January 11, 2010.
I admit, after my cringe factor reading the link to Tom Burghardt’s Op/Ed “Big Brother: Obama Calls for the Integration of State and Federal Military Forces – Executive Order Seeks to “Synchronize and Integrate” sent me by both Louise and Gottlieb, I tried very hard to be objective.
Had this been in place during Hurricane Katrina, would the exchange of timely information been preemptive and forced the Feds to act sooner? Perhaps. I still find nothing in it that commands relief efforts… only the use of Military Personnel within our borders against We The People.
Tell me when, I implore anyone, relief for disaster became equated with Soldiers and Automatic Weapons.
Tell me why, I beg, it would not be more efficient to set up people at the Stores in such devastated areas, and pass out the inventory in a calm manner. It would be far cheaper for the government to replace or compensate private businesses to replace inventory on-hand, rather than bring in inventory at gun-point, when people are desperate and starving.
Someone tell me on what grounds starving, injured people could be framed as:
Bush cited presidential prerogatives for doing so under the Insurrection Act, a repressive statute which authorizes the President to federalize National Guard units when state governments fail to “suppress rebellion.” How the plight of citizens engulfed by Katrina’s flood waters could be twisted into an act of “rebellion” was achieved when Orwellian spin doctors, aided and abetted by a compliant media, invented a new criminal category to cover traumatized New Orleans residents: “Drowning while Black.”
Explain the mentality that while Section 5c provides that, “This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person,” the Act itself certainly does exactly create, by its very existence, a benefit of using Military Force against our Citizens within our own borders.
Wherein does our Constitution provide that 10 out of 50 Governors may make procedural decisions for deeming any disaster or actions by US Citizens and create an Internal “War Theater”?
Homeland Defense against our own Citizens?
This really can only mean one thing, no matter how objectively one tries to look at it.
They plan on using the Military within our borders against us. They already did during Katrina. They already did at Kent State before that.
The portends to me are such.
They know that the Greatest Depression has just begun. They know that people will be “gathering” food to stave off starvation and plan on Defending the Stockholders right to profit off our misery, and the Wealthy’s right to be sole purchasers of those goods.
They are planning for the inevitable People’s revolt against those who hoard all the assets, planning for the Elites, like THEMSELVES that hold the Power of Office to protect themselves against the People from whom they gained their Power and Wealth.
Like those who pull up in Haiti at heavily armed private beaches, just miles from the devastation and enjoy their little fiestas on the beach, barbecues, margaritas and sunsets, and think to themselves, “Haiti, is this a Great Country or What?!?“, while the population lives on 2 dollars a day in slums past those walls; soon our own country will be the same. Like those who enjoy these things in less armed places, the seamy underbelly just a mile or two down the road will be invisible to them.
A Great Divide separated by 12 foot walls and guards. The Haves, the Have-Nots. We will soon be slaving to work for the Upper Classes, toiling in the hot sun to make their yards beautiful, their walls smooth and freshly painted, smiling in joy when they throw their pittances at us on pay day, because this week our family eats. Just like everywhere else we have our Resorts worldwide.
Soon, the Haves will extol the just how fucking “GREAT!” the US is, when they can get a plumber or electrician to install a whole system for $20, and dine a group of 4 at our bistros for merely $5!!!
The Irony is Delicious, is it not?
Hell, we have been doing this to “Third World” countries for a century or more.
Now we are, with tacit approval, putting the mechanization in place for the same to be done to us.
The Pat Act, Surveillance, Posse Comitatus gone, Habeas Corpus gone, Indefinite Detention, Electronic Strip Search, NORTHCOM.
The newest and most insidious?
Executive Order 13528.
For our safety. For our Security.
Just who, motherfuckers, do you think the Military will protect?
Guns are not Disaster Relief. Not in Haiti. Not on US Soil.
It’s not for you, it’s FROM you.
This Government has declared War on Us.
You lose, you poor bastards. I lose.
The Revolution may be Televised, but we won’t be able to watch it. God knows thieves, insurrectionists, thugs, insurgents, looters, criminals and terrorists like us won’t be able to afford to watch TV and see how they rationalize killing us.
America. Is this a Great Country or What?
Viva La Revolucion!