Well here we go again…….just the heck with Posse Comitatus and the rule of law…we’ll just go ahead and let the military do law enforcements work for us. It’s all a matter of getting us accustomed to seeing military presence in America. This is 180 degrees on what this nation was established on. Marines pulling people out of their cars at check points in America? How much of this are we going to accept here in America. The Posse Comitatus Act was established in 1878 because the Union Army was abusing it authority in the south and harassing citizens. Why do the people today think the same thing won’t happen in modern day America? Remember…“Power corrupts and absolute power corrupts absolutely”. Benjamin Franklin said, “Those who give up essential liberty for a little safety, deserve neither.”
In addition to the Military Commissions Act of 2006, a 1994 U.S. Defense Department Directive (DODD 3025) allows military commanders to take emergency actions in domestic situations.
A recent report by the U.S. Army War College discusses the possibility of Pentagon resources and troops being used in the event of civil unrest due to the economic crisis, “such as protests against businesses and government or runs on beleaguered banks,” according to the Phoenix Business Journal.
The U.S. Army War College report, entitled Known Unknowns: Unconventional Strategic Shocks in Defense Strategy Development details, “Widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security,” writes [Ret.] Lt. Col. Nathan Freir for the U.S. Army War College. “Deliberate employment of weapons of mass destruction or other catastrophic capabilities, unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters are all paths to disruptive domestic shock.”
Usmc and California Highway Patrol Caught Red Handed #51
Well, the CHP have been caught red handed not only breaking the Posse Comitatus Act by working with the military, but also caught lying to the public. As I reported the other day about the Marine Corps Air and Ground Combat Center (MCAGCC) and the local California Highway Patrol are going to be working together during the holiday’s in San Bernardino County, California. KCDZ-FM ran an editorial reminding the CHP about “Federal laws prohibiting the military from enforcing civilian lives,” reports KCDZ-FM. The CHP then sent out another press release to the radio station around 11:30 am on Dec. 10th anouncing joint work with the military. View first press release here:
Then issued a second release on December 12th, here: with the portion of the USMC Military Police have being removed. Because Law enforcement these days love to play games, the number at the bottom of the release was to be used by the media to be given the exact location of a DUI checkpoint (by law to be given 2 hours before checkpoint), however, “no one ever answered the phone,” reports KCDZ-FM. Moreover, “to add insult to injury,” because CHP law enforcement apparently believe they are above the laws of this great country, the “CHP held the checkpoint in front of the Home Depot in Yucca Valley, they did indeed include marked military police cars, as well as, uniformed military police,” reports KCDZ-FM.
Read the entire article here:
I also ran across the comical article about the same topic:
California Highway Patrol squares off with The Marine Corps
Tuesday, 12. February 2008, 21:52:45
A friend sent me this news snippitt and it was too good not to pass along . . .
Two California Highway Patrol Officers were conducting speeding enforcement on Interstate 5 near MCAS Miramar. One of the officers was using a hand held radar device to check speeding vehicles approaching near the crest of a hill. The officers were suddenly surprised when the radar gun began reading 300 miles per hour. The officer attempted to reset the radar gun, but it would not
reset and turned itself off. Just then a deafening roar over the treetops revealed that the radar had in fact locked onto a USMC F/A-18 Hornet Fighter plane which was engaged in a low flying exercise near the location.
Back at the CHP Headquarters the Patrol Captain fired off a complaint to the USMC Base Commander.
Back came a reply in true USMC style: ( I Loved this one…)
” Thank you for the message, which allows us to complete the file on this incident. You may be interested to know that the tactical computer in the Hornet had detected the presence of, and subsequently locked onto your hostile radar equipment and automatically sent a jamming signal back to it. Furthermore,an air to ground missile aboard the fully armed aircraft had also
automatically locked onto your equipment. Fortunately the Marine Pilot flying the Hornet recognized the situation for what it was, quickly responded to the missile system alert status and was able to override the automated defense system before the missile was launched and your hostile radar was destroyed. Thank you for your concern.”
Wonder if the CHP Captain ever told his troops how close they came to being blown up….
As we reported yesterday, the Marine Corps Air and Ground Combat Center has dispatched uniformed and presumably armed (we have no confirmation of the latter) soldiers to assist the California Highway Patrol (CHP) in the operation of unconstitutional sobriety checkpoints in San Bernardino County, California, the largest county in California and the country (San Bernardino County is directly east of Los Angeles).
Today,Gary Daigneault, News Director at KCDZ-FM based in Joshua Tree, California, said the California Highway Patrol was less than forthcoming with their plan to team up with the military police, a direct violation of the Posse Comitatus Act preventing the military from performing civilian law enforcement duties.
This audio from KCDZ-FM 107 Joshua Tree,California
After running an editorial last week reminding the Marines stationed at the Marine Corps Air and Ground Combat Center of the illegality of such an operation, the California Highway Patrol sent the radio station a fax indicating that the action would not include military police (see faxes at right).
As a KCDZ-FM news report broadcast today points out, by law — to avoid entrapment — the California Highway Patrol is required to provide the location of its checkpoints to the media at least two hours prior. Although the CHP did provide the radio station with a telephone number to get this information, when the number was called there was no answer.
Moreover, “to add insult to injury,” Marine Corps military police, in uniform and in marked military police cars, were indeed teamed up with CHP outside of a Home Depot in the town of Yucca Valley.
After examining the documents faxed to KCDZ-FM, it becomes obvious that the CHP in Joshua Tree deliberately released disinformation to the media designed to cover its participation with the Marines, as noted a direct violation of Posse Comitatus.
The first CHP News release dated December 10 indicated the police planned to work with the Marines, while a second press release dated December 12, after KCDZ-FM aired a critical news editorial, had this reference removed. Both documents include a note indicating the media would be able to contact the Barstow Dispatch Center on December 12 to receive location information required by law. As noted above, calls to the number provided went unanswered.
It should be obvious the Marines and the California Highway Patrol are engaged in a disinformation campaign against the media in order to cover up their illegal and unconstitutional behavior. Not only do they want to entrap the residents of San Bernardino County in their “sobriety/driver license checkpoint” in violation of the Fourth Amendment protecting the people against unreasonable searches and seizures, they also want to send a message that the military will henceforth be involved in domestic law enforcement in direct violation of Posse Comitatus.
Marines Establish Military Presence in California
Branson Hunter, writing for the Big Bear Observation Post blog, reports that the Marine Corps Air and Ground Combat Center (MCAGCC) and the local California Highway Patrol will be working together over the holiday “in a joint effort to reduce accidents and drinking and driving” in San Bernardino County.
At the end of this video from CNN the Army Times denies it will not be involved in “civil unrest”, but that is what was on their website before the citizenry cried out about it….then they removed it.
Gary Daigneault discussed the ramifications of this joint effort today on his 107.7 F.M. Talk Back show. Mr. Daigneault and his callers seemed to be very concerned. On its face, one may think this is a good idea. But it’s not. I agree with Mr. Daigneault and his callers. Most of which seemed to think this is a very bad idea. Mr. Daigneault contacted a Constitutional Law expert, and the attorney informed him this is absolutely unconstitutional. It’s NOT permitted under the Posse Comitatus Act of 1878, 8 U.S.C. § 1385. It’s my understanding that the Constitutional Law expert said CHP officers could be arrested out there working with the Military Police because it’s a “felony.”
Many of his callers vocalized that this joint effort or mutual cooperation between the military and the CHP is going to be very intimidating. They (as I) are very concerned the CHP is going through with this action. It’s not really clear what the specific role of the Military Police will be… To assist; to observe; to train; to make a strong military presence; to take charge of military offenders detained by the CHP? Nonetheless, whatever, it’s unconstitutional; it’s a felony. I contacted the Morongo CHP office.* The dispatcher said the program will be in effect tonight. When I asked here were it was going to be, she said call back tonight after 7:00 P.M. But I politely protested, these DUI check stops are public. She said I have to speak with CHP Public Affairs officer after seven.* A call to the CHP Public Affairs Officer’s number* after seven got a recorded message to call from 9-5 during business hours. Query: why wasn’t I told that?
By the Posse Comitatus Act of 1878, 20 Stat. 152, 18 U.S.C. § 1385, it was provided that “it shall NOT (emphasis added) be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress… .” The effect of this prohibition, however, was largely nullified by a ruling of the Attorney General “that by Revised Statutes 5298 and 5300 [10 U.S.C. §§ 332, 334] the military forces, under the direction of the President, could be used to assist a marshal. 16 Ops. Atty. Gen. 162.” B. RICH, THE PRESIDENTS AND CIVIL DISORDER 196 n.21 (1941).
Okay, as far as I know the President has not given direction to the local CHP to deploy the USMC on public roads in order to setup a military presence during routine DUI check stops in the Basin. It’s not allowed. Whoever came up with plan in the CHP in my opinion is abusing their powers. Where is the public necessity or authority to do this? There is none — unless the Commander in Chief made the call. It’s also my opinion, the CHP has made a very bad choice in their joint venture with the Marine Corps. Though I have intrinsic belief that the CHP has the very best of intentions, however, good intentions does not override the U.S. Constitution.
I know the Marine Corps has the best of intentions too. But the best of intentions is not cause to trump the Constitution.
It’s little encroachments like this that undermine the Constitution. Then one day you wake up, and it gone. I can see numerous scenarios during those DUI check stops. To name a few: The Military Police go to the aid of the CHP to take down a civilian bad guy. A drunken teen. Unruly tweakers. Will the Military Police be armed? Do they have any sort orders of engagements?
Hunter contacted Corporal Knuesn of the MCAGCC Provost Marshal office and MCAGCC Public Affairs Chief, Gunny Sgt. Chris Cox. Both confirmed the USMC will be present on public roads in order to setup a military presence during routine DUI check stops. “They will be working closely over the month to cut down of traffic accidents,” said Cox, “the Military Police will observe DUI check points and watch for their own guys. The intent is to have military presence out there.”
Dispatching Marines on California highways is an obvious violation of the Posse Comitatus Act (18 U.S.C. § 1385) passed on June 16, 1878. The Act prohibits members of the federal uniformed services, including military police, from working with state and local police and law enforcement.
However, since September 11, 2001, the federal government has increasingly ignored Posse Comitatus. On October 1, 2008, the U.S. Army announced its 3rd Infantry Division’s 1st Brigade Combat Team will be under the day-to-day control of the Northern Command, ostensibly “on call” to respond to emergencies and disasters.
“They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack,” the Army Times reported on September 30. “Training for homeland scenarios has already begun at Fort Stewart and includes specialty tasks such as knowing how to use the ‘jaws of life’ to extract a person from a mangled vehicle; extra medical training for a CBRNE incident; and working with U.S. Forestry Service experts on how to go in with chainsaws and cut and clear trees to clear a road or area.”
It is not explained how assisting in traffic accidents falls within the purview of Homeland Security and the military. It appears that the Marines are using this very pretense in San Bernardino County to “cut down of traffic accidents,” a task normally reserved for local law enforcement.
Last month, Defense Secretary Robert Gates added yet another dimension to this incremental domestic militarization when he ordered the Pentagon “to conduct a broad review to determine whether the military, National Guard and Reserve can adequately deal with domestic disasters and whether they have the training and equipment to defend the homeland,” according to CBS News. According to a report issued by the Commission on the National Guard and Reserves, the Pentagon “must use the nation’s citizen soldiers to create an operational force that would be fully trained, equipped and ready to defend the nation, respond to crises and supplement the active duty troops in combat.”
On December 1, the Washington Post reported that the “U.S. military expects to have 20,000 uniformed [rapid reaction] troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials.” The Pentagon admitted that this move represented a “long-planned shift in the Defense Department’s role in homeland security,” never mind the obvious violation of the Posse Comitatus Act. “But the Bush administration and some in Congress have pushed for a heightened homeland military role since the middle of this decade, saying the greatest domestic threat is terrorists exploiting the proliferation of weapons of mass destruction.”
Gunny Sgt. Chris Cox explained more than he probably intended when he told Branson Hunter that the “intent is to have military presence” on California’s roads. Marty Proctor, owner of the Main Street Deli in Swansboro, North Carolina told WorldNetDaily in April, 2000, when the 26th Marine Expeditionary Unit from Camp Lejeune invaded her town. “Members of the elite unit have been in Swansboro all week training with the local police at checkpoints and neighborhood patrols,” David M. Bresnahan wrote at the time.
In addition to the incremental dispatching of soldiers to assist local law enforcement in operating checkpoints and other duties, the federal government has largely taken over the financing, training, and direction of local police. “Under the 1981 ‘Military Cooperation with Law-Enforcement Officials Act,’ the US Department of Defense is supplying the local police with paramilitary training and equipment, especially for SWAT teams, for use against civilians. According to Peter Kraska in his article ‘Militarizing the Police’ in Social Problems (issue #1, 1997), many SWAT teams are being trained by former military special operations officers,” Fred E. Foldvary wrote for the Progress Report in 1999. It should be noted that this was well before the events of September 11, 2001, and the creation of the Department of Homeland Security.
The National Security and Homeland Security Presidential Directive,” otherwise known as PDD 51, was signed into law through executive order by George Bush on May 9, 2007. It allows Bush — and soon enough, Barack Obama — to “take total control over the government and the country, bypassing all other levels of government at the state, federal, local, territorial and tribal levels, and thus ensuring total unprecedented dictatorial power.”
Marines supposedly assisting the California Highway Patrol is part of this effort as well and is designed by the Pentagon and Homeland Security to get citizens accustomed to a “military presence out there.” It dovetails with FEMA’s so-called Clergy Response Teams trained by the federal government to “quell dissent” and pacify citizens to obey the government after a declaration of martial law (see Feds Train Clergy To “Quell Dissent” During Martial Law). Hurricane Katrina played a part in this emerging long-standing plan when police and National Guard patrols forced home owners to hand over their legally owned firearms at gunpoint.
As Branson Hunter notes, the citizens of California and San Bernardino County should immediately voice their concern over the violation of Posse Comitatus and the Constitution. “The bottom line: I urge anyone and everyone who believes in the Constitution, United States Codes, and Posse Comitatus — to do something! What can you do? To begin with, I suggest you contact the local Joshua Tree CHP Public Affairs Officer, Officer McLoud, at: 760. 366.3707 and voice your concern. Further, you can contact the MCAGCC Public Affairs Chief on the base at: 760.830.5476 or 760. 830.6213. Moreover, contact the Provost Marshal office at: 760.830.4215.”