humans are not built to be in constant battle

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Subject: Martial Law Threat is Real: Lucky that the Military is Breaking
Date: Wed, 8 Aug 2007 20:06:22 -0700
From: doctorspook <[EMAIL PROTECTED]>
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Subject: Martial Law Threat is Real: Lucky that the Military is Breaking
Down

Martial Law Threat is Real: Lucky that the Military is Breaking Down

Dave Lindorff Friday, July 27, 2007

The looming collapse of the US military in Iraq, of which a number of
generals and former generals, including former Chief of Staff Colin Powell,
have warned, is happening none too soon, as it may be the best hope for
preventing military rule here at home.

>From the looks of things, the Bush/Cheney regime has been working 
assiduously to pave the way for a declaration of military rule, such that at

this point it really lacks only the pretext to trigger a suspension of
Constitutional government. They have done this with the active support of
Democrats in Congress, though most of the heavy lifting was done by the
last, Republican-led Congress.

The first step, or course, was the first Authorization for Use of Military
Force, passed in September 2001, which the president has subsequently used
to claim-improperly, but so what? -that the whole world, including the US,
is a battlefield in a so-called "War" on Terror, and that he has
extra-Constitutional unitary executive powers to ignore laws passed by
Congress. As constitutional scholar and former Reagan-era associate deputy
attorney general Bruce Fein observes, that one claim, that the US is itself
a battlefield, is enough to allow this or some future president to declare
martial law, "since you can always declare martial law on a battlefield. All

he'd need would be a pretext, like another terrorist attack inside the U.S."

The 2001 AUMF was followed by the PATRIOT Act, passed in October 2001, which

undermined much of the Bill of Rights. Around the same time, the president
began a campaign of massive spying on Americans by the National Security
Agency, conducted without any warrants or other judicial review. It was and
remains a program that is clearly aimed at American dissidents and at the
administration's political opponents, since the Foreign Intelligence
Surveillance Court would never have raised no objections to spying on
potential terrorists. (And it, and other government spying programs, have
resulted in the government's having a list now of some 325,000 "suspected
terrorists"!)

The other thing we saw early on was the establishment of an underground
government-within-a-government, though the activation, following 9-11, of
the so-called "Continuity of Government" protocol, which saw heads of
federal agencies moved secretly to an underground bunker where, working
under the direction of Vice President Dick Cheney, the "government"
functioned out of sight of Congress and the public for critical months.

It was also during the first year following 9-11 that the Bush/Cheney regime

began its programs of arrest and detention without charge-mostly of resident

aliens, but also of American citizens-and of kidnapping and torture in a
chain of gulag prisons overseas and at the Navy base at Guantanamo Bay.

The following year, Attorney General John Ashcroft began his program to
develop a mass network of tens of millions of citizen spies-Operation TIPS.
That program, which had considerable support from key Democrats (notably
Sen. Joe Lieberman), was curtailed by Congress when key conservatives got
wind of the scale of the thing, but the concept survives without a name, and

is reportedly being expanded today.

Meanwhile, last October Bush and Cheney, with the help of a compliant
Congress, put in place some key elements needed for a military putsch. There

was the overturning of the venerable Posse Comitatus Act of 1878, which
barred the use of active duty military inside the United States for
police-type functions, and the revision of the Insurrection Act, so as to
empower the president to take control of National Guard units in the 50
states even over the objections of the governors of those states.

Put this together with the wholly secret construction now under
way--courtesy of a $385-million grant by the US Army Corps of Engineers to
Halliburton subsidiary KBR Inc--of detention camps reportedly capable of
confining as many as 400,000 people, and a recent report that the Pentagon
has a document, dated June 1, 2007, classified Top Secret, which declares
there to be a developing "insurgency" within the U.S, and which lays out a
whole martial law counterinsurgency campaign against legal dissent, and you
have all the ingredients for a military takeover of the United States.

As we go about our daily lives--our shopping, our escapist movie watching,
and even our protesting and political organizing-we need to be aware that
there is a real risk that it could all blow up, and that we could find
ourselves facing armed, uniformed troops at our doors.

Bruce Fein isn't an alarmist. He says he doesn't see martial law coming
tomorrow. But he is also realistic. He says, "This is all sitting around
like a loaded gun waiting to go off. I think the risk of martial law is
trivial right now, but the minute there is a terrorist attack, then it is
real. And it stays with us after Bush and Cheney are gone, because terrorism

stays with us forever." (It may be significant that Hillary Clinton, the
leading Democratic candidate for president, has called for the revocation of

the 2002 Authorization for Use of Military Force against Iraq, but not of
the earlier 2001 AUMF which Bush claims makes him commander in chief of a
borderless, endless war on terror.)

Indeed, the revised Insurrection Act (10. USC 331-335) approved by Congress
and signed into law by Bush last October, specifically says that the
president can federalize the National Guard to "suppress public disorder" in

the event of "national disorder, epidemic, other serious public health
emergency, terrorist attack or incident." That determination, the act
states, is solely the president's to make. Congress is not involved.

Sen. Patrick Leahy (D-VT), chair of the Senate Judiciary Committee, has
added an amendment to the upcoming Defense bill, restoring the Insurrection
Act to its former version-a move that has the endorsement of all 50
governors--but Fein argues that would not solve the problem, since Bush
still claims that the U.S. is a battlefield. Besides, a Leahy aide concedes
that Bush could sign the next Defense Appropriations bill and then use a
signing statement to invalidate the Insurrection Act rider.

Fein argues that the only real defense against the looming disaster of a
martial law declaration would be for Congress to vote for a resolution
determining that there is no "War" on terror. "But they are such cowards
they will never do that," he says.

That leaves us with the military.

If ordered to turn their guns and bayonets on their fellow Americans, would
our "heroes" in uniform follow their consciences, and their oaths to "uphold

and defend" the Constitution of the United States? Or would they follow the
orders of their Commander in Chief?

It has to be a plus that National Guard and Reserve units are on their third

and sometimes fourth deployments to Iraq, and are fuming at the abuse. It
has to be a plus that active duty troops are refusing to re-enlist in
droves-especially mid-level officers.

If we are headed for martial law, better that it be with a broken military.
Maybe if it's broken badly enough, the administration will be afraid to test

the idea. ____________________________

Sidebar: Why US troops should question orders:

Mounting evidence that football star Pat Tillman, who famously gave up a
high-paying pro career to sign up as an Army Ranger and fight Al Qaeda in
Afghanistan, may have been assassinated in a high-level conspiracy to
prevent him from returning to the US as a prominent war critic should make
even hardened military people question orders from their commander in chief,

particularly if those orders involve arresting or shooting American
citizens. Tillman, it is now known, had turned strongly against the war in
Iraq as early as late 2003, and was telling his platoon to vote against
Bush. There are reports too that he was contacting war critics like Noam
Chomsky from Afghanistan about coming out as a war critic in 2004--a
prospect which must have terrified the war-mongers in the White House and
Pentagon.

The military initially claimed Tillman had been killed in combat, then later

claimed his death was from friendly fire. It is now known that an
investigation at the time found no evidence of any enemy fire at all, and
Tillman's death came from three close shots from an M-16 to the forehead,
execution-style. Memos have been found from Pentagon lawyers congratulating
each other for having buried a doctor's report on the possibility of murder.

If this is what the government does to its critics, how can soldiers believe

anything they are being told?

Of course, the shabby treatment afforded to insured troops should also be
having an effect on morale.

Maybe the way to respond to a declaration of martial law is, like the
Israelites on the first Passover, to prominently display a sign on one's
front door saying, "Support the troops: Bring them home!"
___________________________ DAVE LINDORFF is a veteran, award-winning
investigative reporter based in Philadelphia. His latest book, co-authored
by Barbara Olshansky, is "The Case for Impeachment: The Legal Argument for
Removing President George W. Bush from Office" (St. Martin's Press, 2006 and

now available in paperback). His work is available at
www.thiscantbehappening.net  <http://www.thiscantbehappening.net>
<http://www.thiscantbehappening.net>

http://www.afterdowningstreet.org/?q=node/25158



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