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Posse Comitatus & Habeas Corpus Suspended

 
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BuffaloJack
Master Chief Petty Officer of the Navy


Joined: 10 Aug 2004
Posts: 1637
Location: Buffalo, New York

PostPosted: Mon Dec 18, 2006 5:50 pm    Post subject: Posse Comitatus & Habeas Corpus Suspended Reply with quote

Quote:
TWO ACTS OF TYRANNY ON THE SAME DAY!
On October 17, 2006, 'a date which will live in infamy' . . . there were two acts of tyranny committed. The first was a public signing of the 'Military Commissions Act of 2006' which suspended habeas corpus allowing the president to declare you an 'enemy combatant' and end your rights to seek legal or judicial relief from unlawful imprisonment.

The second act of tyranny took place in a private Oval Office ceremony, in which the president signed into law the 'John Warner National Defense Authorization Act (NDAA) of 2007' which essentially eliminates the protections of the Posse Comitatus Act and re-wrote the Insurrection Act. The NDAA will allow the president to declare a 'public emergency' and take control of state-based National Guard units without the consent of the governor or local authorities, in order to 'suppress public disorder'!
http://www.americanchronicle.com/articles/viewArticle.asp?articleID=17775

The liberal press has painted this in the most negative view possible (see the full article above), but this will do wonders for our country's security and keeping bad people from doing further harm to us.

I hadn't seen this before, but as long as it doesn't go on for decades this is what we need to deal effectively with terrorists.
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docford
Lt.Jg.


Joined: 11 Aug 2004
Posts: 149

PostPosted: Mon Dec 18, 2006 8:16 pm    Post subject: Reply with quote

Gee. I can understand why the liberals are upset.

Essentially, the law repeals 10 U.S.C. 12304(c), removing the prohibition on the use of reservists to suppress insurrection or respond to disasters, accidents, and catastrophes. It also amends 10 U.S.C. 333 to provide authorization for the President to use the armed forces to restore public order and enforce the law in specific circumstances following a natural disaster, epidemic, public health emergency, terrorist attack, or other condition.

So, during a public emergency the National Guard would be under federal instead of state control. Who would you trust more to see the big picture?

I guess the liberals think that potential anarchy (e.g., the Louisiana and New Orleans response to Katrina) is preferable to a unified response to disasters.
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docford
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Joined: 11 Aug 2004
Posts: 149

PostPosted: Mon Dec 18, 2006 8:26 pm    Post subject: Reply with quote

Oops. Forgot the Posse Commitatus part of this.

The old law prohibited the military (who has the ways, means and experience) from performing functions that are typically under the rubric of "police powers" reserved to the states under the 10th Amendment.

Katrina is a perfect example of the flaws in this setup. Before Katrina, all emergency planning scenarios assumed that there would still be a functioning police and emergency response force following a disaster. Because of Posse Commitatus, the military could not step in to fill the security void after the New Orleans police department decided to retreat to higher ground and never return. The result - total anarchy and no structure for delivering emergency aid.

Yeah. That system worked really well.
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BuffaloJack
Master Chief Petty Officer of the Navy


Joined: 10 Aug 2004
Posts: 1637
Location: Buffalo, New York

PostPosted: Mon Dec 18, 2006 8:36 pm    Post subject: Reply with quote

One of the reasons for Posse Commitatus was not because of what most people think. After the Civil War the state and local southern governments were bankrupt. For 15 years they used Federal troops as a FREE police force. The military commanders wanted Posse Commitatus because their operating budgets were a shambles due to local and state officials using them instead of providing a real civil police force.
Somewhere between then and now the liberal interpretation of Posse Commitatus morphed it into today's perverted interpretation.
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