-Caveat Lector- More military police powers? Defense bill seeks to end prior restrictions ---------------------------------------------------------------------------- ---- By Jon E. Dougherty © 1999 WorldNetDaily.com Under the auspices of combating illegal drugs, guarding borders and preventing terrorism, new provisions in the House and Senate Defense Appropriations Bills seek to increase the use of the U.S. military in domestic law enforcement. According to sources, the bill would end the requirement for local law agencies to reimburse the federal government for any local use of military equipment, as well as enable the Department of Defense to deploy military troops in cases of anticipated or actual terrorist attacks. Dave Kopel of the Independence Institute said both houses of Congress contained provisions and amendments that would, if passed, "set precedents for years to come." For example, one provision would remove the requirement for local law enforcement agencies to reimburse the DOD for use of military resources, at the discretion of the Secretary of Defense. "That is currently the main practical check on the use of military equipment by local police," Kopel told WorldNetDaily. He added that he is worried about an overall growth in the federal government's "tendency to militarize local police officers." Kopel said the precedent for government's current fixation on more dramatic use of the military as law enforcement personnel has its roots in Waco, Texas. There, in 1993, some 83 members of a religious group known as the Branch Davidians and their leader, David Koresh, died when a fire engulfed their community, allegedly because armored military vehicles ignited kerosene lanterns when making a forced entry. Since then, Kopel said, the federal government has been "eroding the protections contained in the Posse Comitatus Act" -- a law that prevents most uses of the military in civilian law enforcement application. In the past, he added, most of the amendments to the original law had been based on bogus drug issues. Tim Lynch, a spokesman for The CATO Institute, confirmed the provision, and told WorldNetDaily he believes it is a precursor to end the strict limitations on civilian law enforcement use of military assets and personnel. He added that the measure had not yet passed into law, but said he fears "it is a certainty." "Not too many people are talking about it, not many are objecting to it and it looks like it's just going to sail through," he said. "That concerns us." Lynch said it was "odd" that this measure was added to a defense appropriations bill that would include "the last six months of this year." "Our fear is that, OK, when next year comes along, will this protection go away altogether," he said. "We definitely don't want to see that." On another front, Kopel told WorldNetDaily the House of Representatives voted in June to allow the military to "directly take over border patrol duties." The measure, which was originally introduced as H.R. 628 by Ohio Democrat James Traficant in February, is now being considered as part of the total Defense Authorization Bill for FY 2000. Mr. Traficant's office did not return phone calls to WorldNetDaily. However, a spokesman for Rep. Floyd Spence, R-S.C., Chairman of the House Armed Services Committee, confirmed Mr. Traficant's legislation was passed by the House and is currently being considered in a joint House-Senate conference committee. "The (Traficant) amendment passed by a margin of 242-181," the spokesman said. Specifically, the Traficant amendment would amend Title 10, United States Code, to authorize the Secretary of Defense to assign members of the Armed Forces, "under certain circumstances and subject to certain conditions, to assist the Immigration and Naturalization Service and the United States Customs Service in the performance of border protection functions." If passed the measure would allow military personnel to assist the Border Patrol in curbing illegal immigration by "preventing entry into the U.S." The bill also gives the military the authority to prevent entry of "drug traffickers and terrorists," and would allow military inspections of "cargo, vehicles, and aircraft at points of entry into the U.S." Gregory Nojeim, Legislative Counsel for the Washington, D.C., chapter of the ACLU, said the sum total of the new military roles in civilian law enforcement would eventually destroy "what was left of" the Posse Comitatus Act. "These provisions ... will blow a hole in Posse Comitatus large enough to drive a thousand tanks onto our city streets," he told WorldNetDaily. Nojeim said he is most concerned about language in the bill that gives much more arbitrary judgement on the potential conditions in which the military could be used in the hands of the Secretary of Defense, the Attorney General and the Secretary of the Treasury. For example, Section 1067 of S. 1059, the Senate version of the appropriations bill, changes current law by allowing the Secretary of Defense to request troops to respond to the mere threat of a terrorist incident, rather than having to wait for an actual attack. "And what constitutes a threat? Anything the Department of Defense says is a threat," he said. Furthermore, Nojeim said, "the nature, the kind, of assistance has changed too." "If this passes, military assistance may be given for such period as the Secretary of Defense determines necessary to prepare for and prevent an attack," he said, "rather than just responding to assist civilian authorities during or after an attack." Nojeim acknowledged that prudence may dictate that the federal government prepare U.S. forces to meet such threats but he added that the new emphasis appears to be on deploying the military before trouble starts, "in something other than a crisis situation." "They're trying to make it more of a routine thing to have the military involved in enforcing American civil law," he added. "Imagine having troops on your streets and in your back yard for an undetermined amount of time for what could be an ambiguous reason." Nojeim also noted there were planned changes in the way military personnel performed their duties when in the service of civilian authorities. "Before, personnel could not participate in any direct manner," he said. "But the new provision makes it sound as if the only thing the military would be used for would be to shoot. They're setting it up where troops can shoot, but they can't arrest." He noted that even former Defense Secretary Caspar Weinberger, when asked to assess the impact of such legislation a few years ago, commented about the irony of the bill's stated intentions and the actual meaning of the language contained in it. "Weinberger asked congressional sponsors if they really wanted to establish that condition," Nojeim said. ---------------------------------------------------------------------------- ---- Jon E. Dougherty is a senior writer and columnist for WorldNetDaily, as well as a morning co-host of Daybreak America. ---------------------------------------------------------------------------- ---- DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! 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