Is HR 5122 a standard military appropriations bill, or part of an attempt to move the United States of America into a military dictatorship? It’s called the John Warner Defense Authorization Act of 2007, sounding pretty typical, but in fact, this law appears to override the Posse Comitatus Act’s restrictions on the use of military forces against civilians within the United States.
Note that there are some very misleading articles about this law and its impact out there right now. Prime among them is this one from San Francisco IndyMedia, which suggests that the law specifically allows the military to be used to control people designated as “undesirables”. Note that nowhere in the text of the legislation is the word “undesirables” ever used. We need to be very careful in how we describe this law. The impact of HR 5122 is certainly alarming, and in combination with other laws, like the Military Commissions Act, may come together to legalize a de facto dictatorship. There is no need, however, to overstate the case.
Thanks to Rudi Gomez for alerting us to this one. A full review will soon come, but for now, here’s a link to read the text of the law yourself. Also consider the following clause in this law:
SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMER-
GENCIES.
(a) USE OF THE ARMED FORCES AUTHORIZED.—
(1) IN GENERAL.—Section 333 of title 10, United States
Code, is amended to read as follows:
USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.—
(1) The President may employ the armed forces, including the
National Guard in Federal service, to—
‘‘(A) restore public order and enforce the laws of the United
States when, as a result of a natural disaster, epidemic, or
other serious public health emergency, terrorist attack or
incident, or other condition in any State or possession of the
United States, the President determines that—
‘‘(i) domestic violence has occurred to such an extent
that the constituted authorities of the State or possession
are incapable of maintaining public order; and
‘‘(ii) such violence results in a condition described in
paragraph (2); or
‘‘(B) suppress, in a State, any insurrection, domestic
violence, unlawful combination, or conspiracy if such insurrec-
tion, violation, combination, or conspiracy results in a condition
described in paragraph (2).
‘‘(2) A condition described in this paragraph is a condition
that—
‘‘(A) so hinders the execution of the laws of a State or
possession, as applicable, and of the United States within that
State or possession, that any part or class of its people is
deprived of a right, privilege, immunity, or protection named
in the Constitution and secured by law, and the constituted
authorities of that State or possession are unable, fail, or refuse
to protect that right, privilege, or immunity, or to give that
protection; or
H.R.5122—323
‘‘(B) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those
laws.
‘‘(3) In any situation covered by paragraph (1)(B), the State
shall be considered to have denied the equal protection of the
laws secured by the Constitution.
‘‘(b) NOTICETOCONGRESS.—The President shall notify Congress
of the determination to exercise the authority in subsection (a)(1)(A)
as soon as practicable after the determination and every 14 days
thereafter during the duration of the exercise of that authority.’’.
(2) PROCLAMATIONTODISPERSE.—Section 334 of such title
is amended by inserting ‘‘or those obstructing the enforcement
of the laws’’ after ‘‘insurgents’’.
(3) HEADINGAMENDMENT.—The heading of chapter 15 of
such title is amended to read as follows:
‘‘CHAPTER 15—ENFORCEMENT OF THE LAWS TO
RESTORE PUBLIC ORDER’’.
(4) CLERICAL AMENDMENTS.—(A) The tables of chapters
at the beginning of subtitle A of title 10, United States Code,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 15 and
inserting the following new item:
‘‘15 Enforcement of the Laws to Restore Public Order ………………………………… 331’’.
(B) The table of sections at the beginning of chapter 15
of such title is amended by striking the item relating to sections
333 and inserting the following new item:
‘‘333. Major public emergencies; interference with State and Federal law.’’.
(b) PROVISIONOFSUPPLIES, SERVICES, ANDEQUIPMENT.—
(1) INGENERAL.—Chapter 152 of such title is amended
by adding at the end the following new section:
