EUA, militares se auto-concedem poder : decretar Lei Marcial sem autorização do Presidente.
In a move that makes clear the direction that our country is increasingly heading towards, the Department of Defense has published an update to a US code that outlines military power during civil unrest. The code, ““Defense Support of Civilian Law Enforcement Agencies,” was slightly altered during a May 13th update which now allows the military to unilaterally declare martial law without presidential approval. Multiple sections of the code outline plans and policies for a martial law scenario and should be considered a must read for any American worried about their freedoms in what has become a hostile American police state.
The rule seems to actually contradict itself, in one part claiming that the military can only be used during extreme circumstances with Presidential approval and then, in an updated part of the code, declaring that the military can put troops on the streets without approval from the president or local law enforcement. The primary restriction on DoD participation in civilian law enforcement activities is the Posse Comitatus Act. It provides that whoever willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute U.S. laws, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, shall be fined under title 18, U.S.C., or imprisoned not more than two years, or both. Section 182.6 (a) describes in detail the assistance that the Department of Defense may and may not provide civilian law enforcement agencies.
b. Support During Civil Disturbances
The President is authorized by the Constitution and laws of the United States to employ the Armed Forces of the United States to suppress insurrections, rebellions, and domestic violence under various conditions and circumstances. Planning and preparedness by the Federal Government, including the Department of Defense, for civil disturbances is important due to the potential severity of the consequences of such events for the Nation and the population. The employment of Federal military forces to control civil disturbances shall only occur in a specified civil jurisdiction under specific circumstances as authorized by the President, normally through issuance of an Executive order or other Presidential directive authorizing and directing the Secretary of Defense to provide for the restoration of law and order in a specific State or locality. A little further down within the code the above text is made completely irrelevant. (emphasis mine)
Domestic emergencies. Emergencies affecting the public welfare and occurring within the 50 states, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof, as a result of enemy attack, insurrection, civil disturbance, earthquake, fire, flood, or other public disasters or equivalent emergencies that endanger life and property or disrupt the usual process of government. Domestic emergencies include civil defense emergencies, civil disturbances, major disasters, and natural disasters. [[Page 21829]].
Emergency authority. A Federal military commander’s authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances, because:
(1) Such activities are necessary to prevent significant loss of life or wanton destruction of property and are necessary to restore governmental function and public order; or
(2) Duly constituted Federal, State, or local authorities are unable or decline to provide adequate protection for Federal property or Federal governmental functions.Most worrying is that the examples given as possible reasons for when the military would need to use their, “emergency authority,” are so broad and open to interpretation that it essentially gives them the power to declare martial law whenever they choose.
Domestic emergencies. Emergencies affecting the public welfare and occurring within the 50 states, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof, as a result of enemy attack, insurrection, civil disturbance, earthquake, fire, flood, or other public disasters or equivalent emergencies that endanger life and property or disrupt the usual process of government. Domestic emergencies include civil defense emergencies, civil disturbances, major disasters, and natural disasters. [[Page 21829]].
Emergency authority. A Federal military commander’s authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances, because:
(2) Duly constituted Federal, State, or local authorities are unable or decline to provide adequate protection for Federal property or Federal governmental functions.Most worrying is that the examples given as possible reasons for when the military would need to use their, “emergency authority,” are so broad and open to interpretation that it essentially gives them the power to declare martial law whenever they choose.
