"About a week ago some left-wing bloggers began circulating rumors that Bush had secretly signed something called the "John Warner Defense Authorization Act of 2007" that "allows the president to declare a 'public emergency' and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to 'suppress public disorder.'" I couldn't find the text of the law at the time, formerly H.R. 5122, or a reliable media account, so I decided not to report on it.
I can now confirm the bloggers' account. Bush signed the JWDAA hours after the MCA, in a furtive closed-door White House ceremony. There is, buried deep down in Title V, Subtitle B, Part II, Section 525(a) of the JWDAA, a coup. The Bush Administration has quietly stolen the National Guard away from the states.
Here's the relevant section of Public Law 109-364:
"The [military] Secretary [of the Army, Navy or Air Force] concerned may order a member of a reserve component under the Secretary's jurisdiction to active duty...The training or duty ordered to be performed...may include...support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense."
The National Guard, used to maintain order during natural disasters and civil disturbances and the sole vehicle available under U.S. law to enforce a declaration of martial law, has previously been controlled by state governors. They have now been stripped of that control. Thanks to the JWDAA, Bush or Rumsfeld can now deploy National Guardsmen in American cities without obtaining permission from state governors.
Section 526 of the Warner Act goes further still. It states that the "Governor of a State...with the consent of the [military] Secretary concerned, may order a member of the National Guard to perform Active Guard and Reserve duty..." The key word is "may." A governor can no longer deploy the Guard in his or her state without first getting Rumsfeld's permission.
Patrick Leahy (D-VT) sounded the alarm during senatorial debate, but U.S. state-controlled media ignored him. The Warner Act, he said, "includes language that subverts solid, longstanding posse comitatus statutes that limit the military's involvement in law enforcement, thereby making it easier for the President to declare martial law...We fail our Constitution, neglecting the rights of the states, when we make it easier for the president to declare martial law and trample on local and state sovereignty."
Only one governor, Kathleen Blanco of Louisiana, made a fuss over the Warner Act. A spokesman for the National Governors Association requested a wimpy "clarification" concerning what circumstances might prompt Bush to impose martial law. As far as I can determine this column marks the first time the JWDAA has been mentioned in the mainstream media.
Now the dark men who engineered America's post-9/11 police state have watched the public reject their policies. The incoming Democratic majority Congress will be able to hold hearings and launch investigations that could lead to their indictments and removal from office. John Dingell, the liberal incoming chairman of the Commerce Committee did nothing to dissuade GOP fears of "a blizzard of subpoenas": "As the Lord High Executioner said in 'The Mikado,'" Dingell recently joked, "I have a little list."
A year of crisis commences.
As ugly secrets surface, Bushists will turn desperate. Democracy has failed their grand schemes; token resignations like Rumsfeld's come too little, too late. Only tyranny can save their skins. Will the beleaguered neocons led by Cheney and Bush, cornered like rats, unleash their brand-new police state on their political opponents? Or will they tough it out and suck up the fines and prison sentences to come? The next year or two could go either way.
The nightmare is not over."
Monday, November 13, 2006
The nightmare is not over
Posted by lukery at 11/13/2006 09:35:00 AM