While I agree this is a frightening aspect, and potentially conflict under
Posse Comitatus, I note that the authority referred to in the article is
10USC18, which, as US Code, is action taken by those elected officials who
comprise the Congress, and thence approved by the President, NOT a
regulation promulgated by DOD as a CFR which would have affect on all
Americans, or a DoD/DA/etc. regulation which would only have effect on
uniform members of service and employees of service. Not that it is less
frightening, but that blame must be placed where it squarely belongs -
Congress and the President.


On Sat, May 18, 2013 at 3:00 PM, <[email protected]>wrote:

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>    1. Not good (Olson, Joseph E.)
>    2. Re: Not good (Joe Waldron)
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>
> Message: 1
> Date: Fri, 17 May 2013 14:49:53 -0500
> From: "Olson, Joseph E." <[email protected]>
> To: "Firearms Reg, List" <[email protected]>
> Subject: Not good
> Message-ID:
>         <
> caomejo6qtly4-ss3qvzuvzboz8cxtee3bqdktyfcmbs-kqz...@mail.gmail.com>
> Content-Type: text/plain; charset="windows-1252"
>
> This reminds me of the Soviet tanks rumbling into the streets of Budapest
> in 1956 (when I lived in West Germany).
>
> [snip]  ...The lines blurred even further Monday as a new dynamic was
> introduced to the militarization of domestic law enforcement. By making a
> few subtle changes to a regulation in the U.S. Code titled ?Defense Support
> of Civilian Law Enforcement Agencies? the military has quietly granted
> itself the ability to police the streets without obtaining prior local or
> state consent, upending a precedent that has been in place for more than
> two centuries. The most objectionable aspect of the regulatory change is
> the inclusion of vague language that permits military intervention in the
> event of ?civil disturbances.? According to the rule: ?Federal military
> commanders have the 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.? ? ( I notice an apparent anomaly in this
> excerpt: The United Sates Code [USC] is composed of *statutes* ? enacted by
> Congress.  Agency *regulations* are often part of the United States Code of
> Federal Regulations [CFR]. Then there are such compendia as Army
> Regulations, etc.).  [snip]
>
>
> http://www.longislandpress.com/2013/05/14/u-s-military-power-grab-goes-into-effect/
>
> **************************************************************************************************************
> Professor Joseph Olson, J.D.(*Hon*. Duke), LL.M.(*Tax*. Florida)
>                o    651-523-2142
> Hamline University School of Law (MS-D2037)
>                     f     651-523-2236
> St. Paul, MN  55113-1235
>                                      c    612-865-7956
> [email protected]
> http://law.hamline.edu/constitutional_law/joseph_olson.html
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> ------------------------------
>
> Message: 2
> Date: Fri, 17 May 2013 15:35:37 -0500
> From: Joe Waldron <[email protected]>
> To: [email protected]
> Subject: Re: Not good
> Message-ID: <[email protected]>
> Content-Type: text/plain; charset="iso-8859-1"; Format="flowed"
>
> The handwriting has been on the wall since 2002, when the U.S. Northern
> Command, a combatant command, was formed in the aftermath of 9/11.  But
> it's been coming even before that.  See Kopel & Blackman's work in "No
> More Wacos."
>
>
>
> On 5/17/2013 2:49 PM, Olson, Joseph E. wrote:
> >
> > This reminds me of the Soviet tanks rumbling into the streets of
> > Budapest in 1956 (when I lived in West Germany).
> >
> > [snip]  ...The lines blurred even further Monday as a new dynamic was
> > introduced to the militarization of domestic law enforcement. By
> > making a few subtle changes to a regulation in the U.S. Code titled
> > "Defense Support of Civilian Law Enforcement Agencies" the military
> > has quietly granted itself the ability to police the streets without
> > obtaining prior local or state consent, upending a precedent that has
> > been in place for more than two centuries. The most objectionable
> > aspect of the regulatory change is the inclusion of vague language
> > that permits military intervention in the event of "civil
> > disturbances." According to the rule: "Federal military commanders
> > have the 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." ... ( I notice an
> > apparent anomaly in this excerpt: The United Sates Code [USC] is
> > composed of /statutes/ -- enacted by Congress.  Agency
> > /regulations/ are often part of the United States Code of Federal
> > Regulations [CFR]. Then there are such compendia as Army Regulations,
> > etc.).  [snip]
> >
> >
> http://www.longislandpress.com/2013/05/14/u-s-military-power-grab-goes-into-effect/
> >
> >
> **************************************************************************************************************
> > Professor Joseph Olson, J.D.(/Hon/. Duke), LL.M.(/Tax/. Florida)
> >                    o    651-523-2142
> > Hamline University School of Law (MS-D2037)
> >         f     651-523-2236
> > St. Paul, MN  55113-1235
> >    c 612-865-7956
> > [email protected] <mailto:[email protected]>
> > http://law.hamline.edu/constitutional_law/joseph_olson.html
> >
> >
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> End of Firearmsregprof Digest, Vol 109, Issue 6
> ***********************************************
>



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