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Posse Comitatus Elimination

The lamestream media told you:

 “New Post To Help Military Respond To U.S. Disasters” according to Dan Elliott writing for the Associated Press.

The Uninvited Ombudsman notes however that:

“Effort to Eliminate Posse Comitatus Protection Underway”

This story is so bad I have to pull it apart piece by piece.

Lamestream: “The Defense Dept. is grooming a new type of commander to coordinate the military response to domestic disasters, hoping to save lives by avoiding some of the chaos that plagued the Hurricane Katrina rescue effort.”

Ombudsman: Using FEMA and federal incompetence during the Katrina disaster as an excuse, someone in the chain of military command, probably right at the top, is planning to actually name officers in charge of using military force against the public.

Lamestream: “The officers, called dual-status commanders, would be able to lead both active-duty and National Guard troops -- a power that requires special training and authority because of legal restrictions on the use of the armed forces on U.S. soil.”

Ombudsman: Authorities are claiming that “special training” now allows new armed-forces police called “dual-status commanders” the power to get around the posse comitatus law that for 150 years has forbidden use of the military against the U.S. public.

Lamestream: “No one commander had that authority in the aftermath of Katrina, and military and civilian experts say the lack of coordination contributed to the nightmarish delays, duplications and gaps in the huge rescue effort.”

Ombudsman: Rewriting history, Dan Elliott of the AP claims unnamed “experts” say inadequate government power led to the snafus. However, anyone with a memory recalls it was a grossly incompetent mayor, federal failure to see and respond to the problem, herding mindless thousands from the underwater 9th Ward into a temporary ballpark jail without food, water or sanitation, and thousands of unwanted and unneeded (but paid for) house trailers (now rotting) that caused the problems, not lack of a military commander who could violate our posse comitatus protections and rule over us.

Lamestream: “'It was just like a solid wall was between the two entities,' said Georgia National Guard Col. Michael Scholes, who was part of the Katrina response.”

Ombudsman: A solid wall was wisely placed in front of the U.S. military in the late 1800s to prevent it from enforcing civilian law, and going down the path of every banana republic on the planet. The wall has stood almost rock solid until now.

The wall the Col. is talking about is, as AP puts it: "Active-duty and National Guard troops have distinctly different chains of command. The president is the commander-in-chief of active-duty troops, while the Guard reports through a state chain of command leading to the governor. A dual-status commander would straddle that divide." The wall between parts of the military is nothing compared to the wall needed between the military and the public, which is now being dissolved with AP support.

Lamestream: “'We're going to be able to conduct disaster-response operations on a large scale much more efficiently and effectively than we have in the past,' said Paul Stockton, assistant secretary of Defense for homeland defense.”

Ombudsman: Using a now familiar strategy, "public safety" is being named as the excuse to further destroy laws that protect the public, and increase military and government power.

Lamestream (AP's words): “The dual-status concept is simple, but the execution is not. The active-duty military is limited in what it can do at home...” “...The commanders would get temporary authority to command both types of troops and report up both chains of command...”

Ombudsman: Fulfilling its role as government lapdog and subverter of American values and freedom, the AP supports and cheers on the effort to destroy posse comitatus by saying it's simple. AP goes on to describe how military authorities would gain enormous power, without using the words “enormous” or "power," and rationalizing it by calling it “temporary authority” and only for use during undefined “emergencies.” When “temporary” or “emergency” would end is neither defined nor  addressed. Complete lack of any legitimate authority to subvert our system this way is unmentioned.

Lamestream: “The goal is to have at least one officer in each of the 50 states and in four U.S. territories qualified and ready to be a dual-status commander on a moment's notice... The U.S. Northern Command, with headquarters at Peterson Air Force Base near Colorado Springs, began training the commanders last year.”

Ombudsman: By the time AP got hold of a glimmer of this news, it was already a done deal, having begun a year ago without any apparent oversight or defined perpetrator, among the points AP chose to ignore. No state is to be spared the presence of a posse-comitatus overlord who can ignore the ban on use of military against the public ("for the public," as authorities might frame it). The exact office responsible for this proposal, now an operating branch of government, is not revealed. Rumors that we now have a Czar for Civilian Control Procedures (CCCP) could not be confirmed.

The now overruled posse-comitatus law said, in plain English, 'anyone who uses the military to enforce civilian law, shall pay a steep fine and go to prison'. No act of Congress has repealed this law or its provisions, but that doesn't matter, because Congress and its charter, the U.S. Constitution, apparently don't matter any longer to the people in power. The AP was not reached for comment.


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About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

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