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- Jul 13, 2007
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Possibly practicing civil disobedience over a curfew?
Sure. Some of them. Fits into the "confront the Police" category. Not something a family would want to be doing at that time of night though.
Possibly practicing civil disobedience over a curfew?
Watch this:
Well if this is any example in a small scale, what I'm seeing in a worst case scenario that the police would fold quickly, National Guard most likely won't be enough to deal with multiple flash points even in a single state so that means mobilizing regular army and declaring martial law fairly quickly.
I fail to see a difference between the police and the N.G. Same weapons, same vehicles, same uniforms and gear, same tactics. What will deploying the N.G. do that a militarized police force is incapable of?
With events in Ferguson deteriorating from day to day, despite the arrival of the Missouri National Guard, some have asked what further escalation steps are possible.
As a reminder, the reason Missouri governor Jay Nixon resorted to the aid of the National Guard is due to the limitations imposed by the Posse Comitatus Act which, broadly, seeks to limit the powers of Federal government in using federal military personnel, i.e., the Armed Forces of the United States, to enforce state laws. The Act does not apply to the National Guard, nor to the US Coast Guard, although the former will likely not see much practical use in Missouri.
However, as usually happens, there are loopholes and the best place to uncover these is in a 132-page primer conveniently released by none other than the US Army back on April 21, known simply as ATP 3-39.33 "Civil Disturbances." The primer begins with the umbrella statement:
Civil unrest may range from simple, nonviolent protests that address specific issues, to events that turn into full-scale riots. Gathering in protest may be a recognized right of any person or group, regardless of where U.S. forces may be operating. In the United States, this fundamental right is protected under the Constitution of the United States...
"Protected" it may be, but as usual, the interpretation of the Constitution is in the eye of the beholder, or more appropriately, gun holder.
Because shortly thereafter we further read the following:
The Constitution of the United States, laws, regulations, policies, and other legal issues limit the use of federal military personnel in domestic support operations. Any Army involvement in civil disturbance operations involves many legal issues requiring comprehensive legal reviews. However, federal forces are authorized for use in civil disturbance operations under certain circumstances.
What circumstances? For the answer we turn to section, 2-8, whose provisions may soon become applicable to Ferguson and/or other municipal regions, should the rioting in the St. Louis suburb escalate further. To wit:
[...]
In other words, if and when the US Armed Forces decide that rioting infringes upon any of these exclusions, then the constitution no longer applies and the use of lethal force becomes a viable option against US citizens.
It gets worse, because whereas one would expect that a "Constitutional expert" such as the president, Barack Obama would be the one tasked with interpreting if and when the Constitution no longer applies, the primer is quite explicit in handing over responsibility to "federal military commanders":
... 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 disturbance.
So should Obama resume his vacation even as things in Missouri escalate dramatically, and be "unreachable", it may well come to pass that Obama's opinion will be irrelevant not only whether the National Guard should be unleashed in Ferguson, but whether Posse Comitatus is suddenly null and void.
The good news: the use of lethal force is not the only option the US Army would have if and when it engages with the population. US citizens may simply be herded into "temporary internment camps" for reindoctrination purposes under the supervision of PSYOP Officer (no really, they used that word), as follows from the Army's FM3-39.40 "Internment and Resettlment Operations" manual:
[...]
In other words, if and when the time comes to "override" Posse Comitatus, random US citizens may have two options: i) end up in the US version of a Gulag or, worse, ii) be shot.
I'll just put this here.
Under What Conditions Can The US Army Engage American Citizens: The Army's "Civil Disturbances" Primer
http://www.zerohedge.com/news/2014-...can-citizens-armys-civil-disturbances-?page=3
10 USC 333: "When a state cannot or will not protect the constitutional rights of the citizens, due to domestic violence or conspiracy to hinder execution of State or Federal law, the use of the militia or Armed Forces is authorized."
Obviously that one isn't taken seriously.
I've heard of the school. Not sure what incident you're talking about.