December 30, 2003

I've decided I'm not gonna let go of this martial law thing. You wanna do the latest version of "it can't happen here", that's cool . . . just don't read this stuff, aaiight?

Sydney Morning Herald, July '02, "Foundations are in place for martial law in the US." Excerpt:

FEMA, whose main role is disaster response, is also responsible for handling US domestic unrest.

From 1982-84 Colonel Oliver North assisted FEMA in drafting its civil defence preparations. Details of these plans emerged during the 1987 Iran-Contra scandal.

They included executive orders providing for suspension of the constitution, the imposition of martial law, internment camps, and the turning over of government to the president and FEMA.

A Miami Herald article on July 5, 1987, reported that the former FEMA director Louis Guiffrida's deputy, John Brinkerhoff, handled the martial law portion of the planning. The plan was said to be similar to one Mr Giuffrida had developed earlier to combat "a national uprising by black militants". It provided for the detention "of at least 21million American Negroes"' in "assembly centres or relocation camps".

South Jersey News, March '03, "Red alert? Stay home, await word." Clip:

If the nation escalates to "red alert," which is the highest in the color-coded readiness against terror, you will be assumed by authorities to be the enemy if you so much as venture outside your home, the state's anti-terror czar says . . .

A red alert would also tear away virtually all personal freedoms to move about and associate.

"Red means all noncritical functions cease," Caspersen said. "Noncritical would be almost all businesses, except health-related."

Pravda, May '02, "U.S. Plans for Martial Law, Tele-Governance, Suspension of Elections." Clip:

The U.S. government has used martial law on numerous occasions, most often to quell domestic disturbances in specific locations around the country. According to the United States Constitution Online, during the War of 1812, Andrew Jackson imposed martial law in an area of New Orleans. When a judge demanded Jackson produce, through the writ of habeas corpus, a man arrested for sedition, Jackson ordered the arrest of the judge. in 1892 at Coeur d'Alene, Idaho, rebellious mine workers blew up a mill and shot at strike breaking workers. Mine owners requested that the state's governor impose martial law and, to no surprise, he did. In 1914, federal troops were ordered by Woodrow Wilson to end the Coal Field Wars in Colorado. In 1934, dockworkers in San Francisco initiated a strike and the governor declared the dockyards subject to martial law empowering the National Guard to make arrests and try detainees. The Supreme Court opined twice on matters involving martial law in Ex Parte Milligan and Duncan v. Kahanamoku. In 1866, Milligan's Supreme Court writers proclaimed that Abraham Lincoln's imposition of martial law had been unconstitutional:

"Martial law destroys every guarantee of the Constitution and effectually renders the military independent of an superior to the civil power - the attempt to do which by the King of Great Britain was deemed by our fathers such an offense that they assigned it to the world as one of the causes which impelled them to declare their independence. Civil liberty and this kind of martial law cannot endure together; the antagonism is irreconcilable, and, in the conflict, one or the other must perish" . . .

James Madison had in right in 1794 when he wisely warned about "the old trick of turning every contingency into a resource for accumulating force in the government." The United States was founded by political sages like Madison, Jefferson, and Franklin. It will ultimately see its demise as a democracy through the likes of Bush II, his father, and the Trent Lotts and Dick Armeys that pervade the American body politic.

Print and keep this one - it's The Common Sense Survival Guides bit on the subject. A small chunk:

Executive Order 12656: "ASSIGNMENT OF EMERGENCY PREPAREDNESS RESPONSIBILITIES", "A national emergency is any occurrence, including natural disaster, military attack, technological emergency, or other emergency that seriously degrades or seriously threatens the national security of the United States. Policy for national security emergency preparedness shall be established by the President." This order includes federal takeover of all local law enforcement agencies, wage and price controls, prohibits you from moving assets in or out of the United States, creates a draft, controls all travel in and out of the United States, and much more.

Still with me? This next one is a "memo" that originated with and which I found at SurvivalistSkills. A slice:

While no federal statutes appear to define martial law, one section of the Code of Federal Regulations ("CFR") -- 32 CFR 501.4(80) -- makes four points about martial law:

First, federal troops are normally deployed domestically without a declaration of martial law.(81) "It is unlikely that situations requiring the commitment of Federal Armed Forces will necessitate the declaration of martial law."

Second, the "law of necessity" undergirds the implementation of martial law. "When Federal Armed Forces are committed in the event of civil disturbances, their proper role is to support, not supplant, civil authority. Martial law depends for its justification upon public necessity. Necessity gives rise to its creation; necessity justifies its exercise; and necessity limits its duration. The extent of the military force used and the actual measures taken, consequently, will depend upon the actual threat to order and public safety which exists at the time."

Third, declarations of martial law are not limited to the President. "In most instances the decision to impose martial law is made by the President, who normally announces his decision by a proclamation, which usually contains his instructions concerning its exercise and any limitations thereon. However, the decision to impose martial law may be made by the local commander on the spot, if the circumstances demand immediate action, and time and available communications facilities do not permit obtaining prior approval from higher authority (Sec. 501.2). Whether or not a proclamation exists, it is incumbent upon commanders concerned to weigh every proposed action against the threat to public order and safety it is designed to meet, in order that the necessity therefor may be ascertained."

Fourth, the rules of conduct for citizens are merely announced by the military and are immediately effective. "When Federal Armed Forces have been committed in an objective area in a martial law situation, the population of the affected area will be informed of the rules of conduct and other restrictive measures the military is authorized to enforce. These will normally be announced by proclamation or order and will be given the widest possible publicity by all available media. Federal Armed Forces ordinarily will exercise police powers previously inoperative in the affected area, restore and maintain order, insure the essential mechanics of distribution, transportation, and communication, and initiate necessary relief measures.

Think Eric Rudolph knew anything about Mount Weather?

Be at peace.