Come for the politics, stay for the snark.

Let the trolls come, and then ignore them. that’s the worst thing you can do to a troll.

Donald Jessica Trump found guilty as fuck – May 30, 2024!

Lick the third rail, it tastes like chocolate!

… riddled with inexplicable and elementary errors of law and fact

An almost top 10,000 blog!

Spilling the end game before they can coat it in frankl luntz-approved dogwhistles.

Peak wingnut was a lie.

The US Supreme Court is on the ballot in november.

Only Democrats have agency, apparently.

Republicans in disarray!

Compromise? There is no middle ground between a firefighter and an arsonist.

Sitting here in limbo waiting for the dice to roll

An unpunished coup is a training exercise.

if you can’t see it, then you are useless in the fight to stop it.

Elections aren’t won by handwringing, cowering, and/or bashing your own candidates.

We still have time to mess this up!

Tick tock motherfuckers!

It’s a good piece. click on over. but then come back!!

The gop is a fucking disgrace.

Many life forms that would benefit from greater intelligence, sadly, do not have it.

Good lord, these people are nuts.

If a good thing happens for a bad reason, it’s still a good thing.

Republicans: “Abortion is murder but you can take a bus to get one.” Easy peasy.

If you still can’t see these things even now, maybe politics isn’t your forte and you should stop writing about it.

You are here: Home / Foreign Affairs / Military / How Is This Legal?

How Is This Legal?

by | 64 Comments

This post is in: ,

Break out your tinfoil hat:

The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle, helping restore essential services and escorting supply convoys.

Now they’re training for the same mission — with a twist — at home.

Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters, including terrorist attacks.

It is not the first time an active-duty unit has been tapped to help at home. In August 2005, for example, when Hurricane Katrina unleashed hell in Mississippi and Louisiana, several active-duty units were pulled from various posts and mobilized to those areas.

But this new mission marks the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.

Given the events of the past few months, this will raise a lot of eyebrows.

Don’t get me wrong, I think they should be training for this sort of thing. Just not sure if they need to be stationed permanently and whether or not it is legal.

*** Update ***

Apparently mocking tinfoil hat conspiracy theorists, asking how something is legal, and then saying you think it is a good idea qualifies as being a simplistic ninny.

Reader Interactions

64Comments

  2. 2.

    Comrade SGEW

    Given the events of the past few months, this will raise a lot of eyebrows.

    My eyebrows ascended past my hairline in early 2002 and haven’t been seen since.

    The force of the country has been an ever appealing notion to this maladministration since their inception. The phrase “police state” sounds awfully good to them. They like policemen, very much.

    Listen to the Dirty Fucking Hippies, god damn it! We’ve been right an awful lot for the last 7 years, and these tinfoil hats aren’t just for show you know.

  3. 3.

    TheFountainHead

    Now we know why they’ve been building all those secret camps. My guess is that the intellectuals and teh gays get rounded up first.

  4. 4.

    Libby

    I’ve been wearing that tinfoil hat for two years now. I made a bet with someone back then that Bush will declare martial law and suspend the elections.

    Considering what happened at the RNC with the mass arrests of journalists and peaceful protesters, and the contract to build those detention camps for ’emergency immigration crises’ I think tinfoil is the appropriate attire.

    Even if they don’t suspend the elections, I think they’re planning to steal the vote again and this time I suspect, and probably so do they, that people will take to the streets if they do. Especially since people are so pissed off already about the economy.

  5. 5.

    Lie baby, lie!

    Obviously, the authorities see the citizens as a potential danger to the republic. Maybe they plan an October surprise and just want to get the troops in place. Makes me wonder if Bush plans to stay on after January as head codpiece.

    Since we seem to have morphed into a fascist state, maybe the next stop is pure, unadulterated dictatorship.

  6. 6.

    Comrade Scrutinizer

    Well, we need to fill up those secret prisons that Haliburton built a few years ago. Up against the wall, Comrades!

  8. 8.

    chopper

    Given the events of the past few months, this will raise a lot of eyebrows.

    probably not. americans are dumb.

  9. 9.

    Libby

    Oh, this probably belongs on the other thread but I’m going to post it here for better visibility. Bernie Sanders has a petition going on the bailout and I like his terms for it. I don’t know if we need one or not, but if we do this is the way to go. Forgive the long excerpt:

    Any plan to clean up the mess on Wall Street must:

    Ensure that middle income and working families are not the ones who are paying for this bailout by
    Imposing a five-year, 10 percent surtax on income over $1 million a year for couples and over $500,000 for single taxpayers. That would raise more than $300 billion in revenue over five years;

    Ensuring that assets purchased from banks are realistically discounted so companies are not rewarded for their risky behavior and taxpayers can recover the amount they paid for them; and

    Requiring that taxpayers receive equity stakes in the bailed-out companies so that the taxpayers’ assumption of risk is rewarded when companies’ stock goes up.

    Taken together these three provisions will substantially reduce the likelihood that this bailout will end up on the backs of average American taxpayers.

    Include a major economic recovery package which puts Americans to work at decent wages. Among many other areas, we can create millions of jobs rebuilding our crumbling infrastructure and moving our country from fossil fuels to energy efficiency and sustainable energy. Further, we must protect our must vulnerable families from the very difficult times they are experiencing.

    Repeal the disastrous de-regulatory legislation that facilitated this crisis.

    End the danger posed by companies that are “too big too fail,” that is, companies whose failure would cause systemic harm to the U.S. economy. If a company is too big to fail, it is too big to exist. We need to determine which companies fall in this category and then break them up.

  10. 10.

    linda

    it’s about establishing precedent. then it’s the gradual escalation to where it’s become routine to see tanks patrolling major american cities. americans are easy to train to be docile. watch any airport ‘security’ line.

  14. 14.

    The Moar You Know

    Public Law 109-364, or the “John Warner Defense Authorization Act of 2007” (H.R.5122) (2), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a “public emergency” and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to “suppress public disorder.”

    Oh hooray.

  17. 17.

    Pb

    It isn’t legal (again, yet), not that that’ll stop them. All that crap got repealed and restored to its original 1807 wording. Thank your Democratic congress for something. The applicable exception is this:

    Troops used under the order of the President of the United States pursuant to the Insurrection Act, as was the case during the 1992 Los Angeles Riots.

    Past that, you’d need a nuclear threat, or you’d have to send in the Coast Guard or something…

  18. 18.

    SGEW

    The relevant sections of the John Warner National Defense Authorization Act for Fiscal Year 2007:

    SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
    • (a) Use of the Armed Forces Authorized-
    •
    • (1) IN GENERAL- Section 333 of title 10, United States Code, is amended to read as follows:

    `Sec. 333. Major public emergencies; interference with State and Federal law
    • `(a) Use of Armed Forces in Major Public Emergencies- (1) The President may employ the armed forces, including the National Guard in Federal service, to–
    • `(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that–
    • `(i) domestic violence has occurred to such an extent that the constituted authoritiesof the State or possession are incapable of maintaining public order; and
    •
    • `(ii) such violence results in a condition described in paragraph (2); or
    •
    • `(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
    •
    • `(2) A condition described in this paragraph is a condition that–
    • `(A) so hinders the execution of the laws of a State or possession, as applicable, andof the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authoritiesof that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
    • `(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

    (emphasis added)

    Quick translation: If th’ Preznit decides that “public order” is disturbed by a “conspiracy” that is “impeding the course of justice” he can call in the army to “supress” said conspiracy.

    You figure it out. Don’t say we didn’t warn you.

  19. 19.

    b. hussein canuckistani

    It’s legal because they have the force of arms to make it legal. Now shut the fuck up.

  22. 22.

    Cassidy

    This is an assignment, much like any other Rapid Deployment mission. When I was with 3rd ID, part of our red cycle tasking was to be on standby for natural disaster recovery (this was post-Katrina). My unit actually trained for that mission. My medics and I, studied the Natural Disaster Response system, talked to local authorities, etc., so that we would know where we stand, medically, should we get called on.

    shorter….this is nothing new.

    And yes, we intended on taking live ammo for Force Protection purposes. Doesn’t mean we were ready to invade Galveston.

    It isn’t legal

    Bullshit. Show me where it says US troops can’t be deployed as part of a recovery effort.

    Couldn’t they just bring back some National Guard units

    3rd ID has been over 3 times in the last 6 years. If anyone deserves a break, it is them.

  23. 23.

    SGEW

    . . . on standby for natural disaster recovery . . . . this is nothing new.

    What’s new is the redefinition of what a “natural disaster” is, which now includes a . . .

    terrorist attack or incident, or other condition

    (emphasis added)

    as has been (and this is IMPORTANT) determined by the President himself, personally. You know. Decided.

    Ponder.

  26. 26.

    Marshall

    If these troops are ever used for anything except true disaster relief, they are likely to fall apart. This is how countries wind up being governed by Colonels or other mid-level military officers.

  27. 27.

    w vincentz

    Has Prez Chimpy ever previously been concerned about “legal” objectives, “justice” outcomes, or “civil liberties”? If so…when?

  29. 29.

    Gay Veteran

    “…My guess is that the intellectuals and teh gays get rounded up first….”

    I’ll give somebody a 12 gauge suppository first, courtesy of my shotgun.

  31. 31.

    AkaComrade

    Just not sure if they need to be stationed permanently and whether or not it is legal.

    9/11

    How could you forget?

  32. 32.

    Comrade RareSanity

    I love a good conspiracy theory as much as anyone else but my detector is not going off about this (am I now a sheeple?).

    I mean a brigade is what about 4000 troops? 4000 troops couldn’t control Cheyenne, WY let alone LA, NYC, Chicago or Atlanta.

    Although this does make me uncomfortable…

  33. 33.

    LiberalTarian

    Past that, you’d need a nuclear threat,

    Bite your tongue. Bush himself said,

    “You know, I was campaigning in Chicago and somebody asked me, is there ever any time where the budget might have to go into deficit? I said only if we were at war or had a national emergency or were in recession. Little did I realize we’d get the trifecta.” —President George W. Bush, Charlotte, North Carolina, Feb. 27, 2002

    I clearly remember him saying that about the war, national emergency and recession BEFORE 9-11. Those bastards let that happen–don’t tempt fate that those treasonous bastards won’t sacrifice another US city to stay in power. If I were San Fran, I would be very, very nervous.

    Oh crap, and October surprise during the Hardly Strictly Bluegrass festival would really, really suck. I wish my tinfoil hat weren’t welded to my head. Oh wait! San Fran has a lot of banking infrastructure. Whew. Then again … the WTC …

  34. 34.

    jake

    Don’t worry, if Obama gets elected the Repubs will leap through their own assholes in their haste to wipe this from the books.

    If McPOW gets elected and there is a riot in NYC, his stunning grasp of geography will deploy forces in Nova Scotia where the Royal Canadian Kilted Yaksmen will offer them decent beer and funny bacon.

  35. 35.

    Cassidy

    SGEW Says:

    Once again, nothing new. With the constant deployment of Guard and Reserve troops, it is only logical to have garrison units pick up the necessary slack in the event of some kind of incident.

  37. 37.

    Tsulagi

    Don’t get me wrong, I think they should be training for this sort of thing.

    I’d go with that,

    shorter….this is nothing new.

    and with that

    The notion that the U.S. military would back any president in a takeover of the country may be fun for conspiracy theories and novels, but it’s total fantasy. Not because I don’t think Bush or particularly Cheney wouldn’t love the thought, but military wouldn’t follow those orders.

    OTOH, there have been those freaking loons coming out of the Air Force Academy in Dobson country who think they’re also flying for Jesus so I’d watch those fuckers.

  39. 39.

    SGEW

    With the constant deployment of Guard and Reserve troops, it is only logical to have garrison units pick up the necessary slack in the event of some kind of incident.

    Sure. But one of the scary things is that the 2007 NDAA allows the President (and whoever he chooses to delegate this power to; read: Cheney) to unilaterally determine when an “emergency” exists, and can now override the Governor of the state. Hell, he would probably argue that he could arrest the Governor of the state.

    Also, read this li’l nugget:

    The President may employ the armed forces, including the National Guard in Federal service . . .

    As far as I can tell, this is a blanket provision (armed forces = army, navy, etc.) that makes sure to include the Nat. Guard. In other words: Bush can declare martial law, send in the army to take over an area, and can call in the Guards as well. Trimming.

  40. 40.

    b. hussein canuckistani

    I mean a brigade is what about 4000 troops? 4000 troops couldn’t control Cheyenne, WY let alone LA, NYC, Chicago or Atlanta.

    It doesn’t take much as long as the police are on your side and you can deputize a brownshirt wingnut militia.

  41. 41.

    SGEW

    The notion that the U.S. military would back any president in a takeover of the country may be fun for conspiracy theories and novels, but it’s total fantasy.

    Oh, I agree completely. But that doesn’t mean that Cheney might not try.

    And, no, not a “takeover of the country” a la armed coup style. More of a gradually building militarized police state, marked by occasional “crises” requiring insurrection control.

    Yeah, it sounds tinfoil hat territory (like the 9/11 paultard idiocy), but the whole “they’re disappearing innocent people and torturing them to death” conspiracy sounded crazy, as did the “going to war on false pretenses” one, and now “they ripped off the country’s economy for personal gain” theory sounds pretty plausible too.

    You know. One of those theories you hear about for years, and then becomes common wisdom.

    Dirty Fucking Hippy warns you all. Ignore me again at your peril.

    (readjusts tinfoil hat. whistles merrily)

  42. 42.

    tBone

    Sure. But one of the scary things is that the 2007 NDAA allows the President (and whoever he chooses to delegate this power to; read: Cheney) to unilaterally determine when an “emergency” exists, and can now override the Governor of the state.

    That stuff was rolled back earlier this year.

  43. 43.

    SGEW

    That stuff was rolled back earlier this year.

    Do you have a link? What bill was it in? (I guess I’m out of the loop – didn’t see it in the news)

  44. 44.

    TenguPhule

    With the constant deployment of Guard and Reserve troops, it is only logical to have garrison units pick up the necessary slack in the event of some kind of incident.

    Sure it is.

    And it is only logical that people be rounded up for their own protection.

    And it is only logical that dissent equals treason.

    And it is only logical that Big Daddy must decide because we are unable to do what Big Daddy thinks we should do.

    “So this is how Democracy dies, to thunderous applause.”

  45. 45.

    LITBMueller

    Hold on, guys: Warner’s 2007 act language which basically repealed Posse Comitatus was itself repealed in 2008. Problem is, Bush issued a Signing Statement that, while not stating that the Administration would ignore the repeal of the Posse Comitatus changes themselves, left open the possibility that they could by using general language.

  46. 46.

    SGEW

    Hookay. The NDAA of 2008 amends as follows:

    `Sec. 333. Interference with State and Federal law
    `The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it–
    `(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
    `(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
    In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.’.
    (2) PROCLAMATION TO DISPERSE- Section 334 of such title is amended by striking `or those obstructing the enforcement of the laws’ after `insurgents’.

    It cleans up some of the worst unconstitutional language (in the sense that the language was vague and could be interpreted too widely), but the basic thrust remains the same.

    Window dressing.

  48. 48.

    Phoenician in a time of Romans

    Here’s an interesting question for you.

    Does anyone want to take any bets that the 3rd Infantry Division’s 1st Brigade Combat Team would just happen to be trained or training and equipped or being equipped with “non-lethal” weapons, allowing them to be more easily unleashed on public disturbances?

    And by “public disturbances”, I mean such things as anti-WTO protests. Or election fraud demonstrations. Or bank run frenzies.

  49. 49.

    LITBMueller

    SGEW, that wording has been the law of the land since 1807. The 2008 bill reversed the changes from 2007 back to the language of the original Insurrection Act. Its the Signing Statement which is worrisome.

  51. 51.

    binzinerator

    Not because I don’t think Bush or particularly Cheney wouldn’t love the thought, but military wouldn’t follow those orders.

    Jeebus. Do you really ever want to have that assertion put to the test?

    And why regular army and not a state’s NG? Fucking Geoge Bush basically drafted the NG as combat troops, so now I guess we have combat troops acting as NG. And it’s all been so fucking wrong.

    The only worse thing is to have Blackwater start operating here. Oops. Too late. Our tinpot pres used them during Katrina, the first time a private military corporation had deployed on US soil, Gustav and Ike, under a Homeland Security contract.

    Tinpot dictators have always used military units drawn from a different area from the one they want to subjugate. Or they use mercenaries. Our imperial president will do both.

  52. 52.

    machine

    Countdown to the coming of an anti-hero who wears a Goldwater mask, a wig and speaks in iambic pentameter. Cloak optional.

  54. 54.

    NewWorldMan

    It doesn’t take much as long as the police are on your side and you can deputize a brownshirt wingnut militia.
    b. hussein canuckistani
    …………………………………..
    Put those Tinfoil hats back on.
    for info on where that militia would come from see
    http://www.talk2action.org/story/2008/9/5/0244/84583
    about the latter rain movement and Sarah Palin’s church
    they have 500,000 wingnuts ready to roll

Comments are closed.

Trackbacks

  1. […] Several bloggers today have pointed to this obviously disturbing article from Army Times, which announces that “beginning Oct. 1 for 12 months, the [1st Brigade Combat Team of the 3rd Infantry Division] will be under the day-to-day control of U.S. Army North” — “the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.” The article details: read on here>> They’ll learn new skills, use some of the ones they acquired in the war zone and more than likely will not be shot at while doing any of it.They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. . . . […]

  2. […] Several [1] bloggers [2] today [3] have pointed to this obviously disturbing article from Army Times [4], which announces that “beginning Oct. 1 for 12 months, the [1st Brigade Combat Team of the 3rd Infantry Division] will be under the day-to-day control of U.S. Army North” — “the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.” The article details: They’ll learn new skills, use some of the ones they acquired in the war zone and more than likely will not be shot at while doing any of it.They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. . . . […]

  3. […] Several [1] bloggers [2] today [3] have pointed to this obviously disturbing article from Army Times [4], which announces that “beginning Oct. 1 for 12 months, the [1st Brigade Combat Team of the 3rd Infantry Division] will be under the day-to-day control of U.S. Army North” — “the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.” The article details: They’ll learn new skills, use some of the ones they acquired in the war zone and more than likely will not be shot at while doing any of it.They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. . . . […]

  4. […] Several bloggers today have pointed to this obviously disturbing article from Army Times, which announces that “beginning Oct. 1 for 12 months, the [1st Brigade Combat Team of the 3rd Infantry Division] will be under the day-to-day control of U.S. Army North” — “the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.” The article details: […]

  5. […] Several bloggers today have pointed to this obviously disturbing article from Army Times, which announces that “beginning Oct. 1 for 12 months, the [1st Brigade Combat Team of the 3rd Infantry Division] will be under the day-to-day control of U.S. Army North” — “the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.” The article details: […]

  6. […] Several bloggers today have pointed to this obviously disturbing article from Army Times, which announces that “beginning Oct. 1 for 12 months, the [1st Brigade Combat Team of the 3rd Infantry Division] will be under the day-to-day control of U.S. Army North” — “the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.” The article details: […]

  10. […] Several bloggers today have pointed to this obviously disturbing article from Army Times, which announces that “beginning Oct. 1 for 12 months, the [1st Brigade Combat Team of the 3rd Infantry Division] will be under the day-to-day control of U.S. Army North” — “the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.” The article details: […]