Defense Department Seeks Legal Authority to Deploy Reservists onto American Streets
May 5, 2012
Thanks to Posse Comitatis, the US military are forbidden from responding on the streets of America whenever the whim is announced.
The Posse Comitatus Act, Section 1385, states that only under “circumstances expressly authorized by the Constitution or Act of Congress” can the military presence on American streets is allowed.
Yet, if the Defense Department has their way, a new authorization act will give them the power to order the armed forces to be used against the American public.
Air Force reservists are slated to be the new response team for domestic disturbances. Disseminated from Air Force Reserve Command (AFRC) and other reserve agencies, these men and women could be called to be first response to natural disasters within the US. The legislation would extend mobilizations for indeterminate periods of time.
The AFRC affirms that reservists are traditionally not used in “homeland disaster response”. The governors of individual states can request the National Guard’s assistance during a natural disaster when local law enforcement becomes overwhelmed.
Our reservists have been asked and often volunteer to assist after disasters hit the homeland,” said Lt. Gen. Charles E. Stenner Jr., chief of Air Force Reserve and AFRC commander. “Mobilizing needed reservists will help sustain their support for longer periods and make operations more efficient. We mobilize reservists to handle contingencies overseas, so it makes sense that we do that to take care of our own country.”
Because of the specialized training that reservists are given in dealing with disasters, the US government has decided they would be perfect as a first response team.
Earlier this month, in Crookston Minnesota, there were armed US National Guardsmen were patrolling a residential neighborhood .
These functions are called “urban operations training” where military personnel carry armed weapons with the command not to “utilize armory or pyrotechnics”.
Within the Air Force Reserve, there are other specialized units such as response personnel, supplies and equipment focused on disaster scenarios.
As recent as 2008 saw our National Guard unit in America under NORTHCOM as “domestic security”.
Stenner proclaims that this new authority will allow the armed forces to make greater contributions to Americans should there be a natural disaster. He is referring to the frustration chiefs of reservist experience because they are “unable to help their communities.”
The push for over-reaching authority allocated to the armed forces will negate local reservist’s purpose by Title 10, which gives them federal power that supersedes state authority in Title 32.
Armed Forces chiefs claim that there were reserve-component Soldiers, Sailors, Airmen and Marines who were close at hand with the capabilities needed, but they didn’t have the authority to act,” said Army Lt. Gen. Jack C. Stultz, chief of Army Reserve. “Finally, we got the law changed. This new legislation says that now we can use Title 10 reserves.”
Without a declaration of emergency or disaster from the President, these armed forces could not act. With this new ability, they can . . . whenever and for whatever purpose they are ordered to.
The law specifies that local law enforcement is still mandated to provide initial response; yet if needed, the National Guard will become the first step requested by a state governor.
And then there is the matter of scenario that allows reservists to be deployed for a promised 120 days, which could be extended based upon request. “We just have to make sure we have the procedures and processes worked out,” Stultz remarked about the specifics that are now being worked out to avoid confusion of authority later on.
Stultz is very anxious to have this power at his fingertips. “Let’s not wait until a hurricane hits to say, ‘How do we do it?’”
These reservists are going to be the response team for any future (and assured) “overseas contingencies”.
As operations in the Middle East are winding down, Stultz can now refocus his attention on militarizing America.
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