Analysis, Assessment, and Opinion Pertaining to Specific Government Actions

I offer this as an assessment of certain actions taken by the U.S.Government (Majority Democrat Congress), and by the President of theUnited States (POTUS), George W. Bush, and state my opinion pertainingto the issues identified, here-in.

Part TWO

by Frederick W. Thomas, Dec. 2008

In other words, it was (past tense) forbidden by law to employ the U.S. Military in the role of civil police forces.

The rule of  law did not help David Koresh and his followers, the Branch Davidians, nor work in their favor, as it was intended.   The excessive use of force in the Waco affair resulted, as we know, in a complete massacre of all but a handful of the men, women, and children in the Koresh compound.  Attorney General Janet Reno in the Clinton administration was directly responsible for this heinous act, with ultimate responsibility for this tragedy resting upon former President Bill Clinton, himself.

Can this happen again?  Have there really been safeguards put in place to preclude such an event?  There were, but no longer.  Posse comitatus is no more, and the use of deadly force against Americans by government with the good intentions of protecting our nation from terrorism on U.S. soil can actually take place.
You can bank on it getting out of hand with the first American who resists.  Any pretense at fairness by government agents and agencies has been rendered moot by H.R.5122. 

President George W. Bush, in enacting the Patriot Act into law, has also decreed by Presidential Directive, as well, (National Security Presidential Directives, NSPD 51 & 20, respectively; National Continuity Policy) that provides for the “Continuity of Government.”  in paragraph (1) “This directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. This policy establishes “National Essential Functions,” prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.” And, paragraph (3) “It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government under the Constitution and the continuing performance of National Essential Functions under all conditions.”

And, what does that mean to us?  Well, it means exactly that, to wit:  In providing for the “Continuity of Government,” by directive, the POTUS can declare any civil unrest to be a “catastrophic emergency.”  I’m quoting the directives, here: “Any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions” to be an act of terrorism.   The road to hell is paved with good intentions, and the good intentions of the Congress and the president notwithstanding, ANY civil unrest can be defined as terrorism.  Why, you may just be exercising your rights to dissent, yelling and screaming, protest signs in your hand, standing in the way of the doors to the Capitol Building, or City Hall, or any other place in protest of one thing, or another, and some idiot in the local, state, or federal bureaucracy can say out loud that “those people are trying to terrorize us.”  Next thing you know, you’re a terrorist, and can be mowed down by the cops.  You don’t believe it?  Those are the rules now, and that’s what worries me.

 In addition, the Military Commissions Act of 2006 rescinded Habeas Corpus.   What precisely does that mean to Americans?  Habeas Corpus:  habeas corpus n. Law A writ issued to bring a party before a court to prevent unlawful restraint. [<Med. Lat., you should have the body].   And, what exactly is that?  The basic premise behind habeas corpus is that you cannot be held against your will without just cause.  To put it another way, you cannot be jailed if there are no charges against you.  If you are being held, and you demand it, the courts MUST issue a “writ of habeas corpus,” which forces those holding you to answer as to why.  If there is no good or compelling reason, the court must set you free.  It is important to note that of all the civil liberties we take for granted today as a part of the Bill of Rights, the importance of habeas corpus is illustrated by the fact that it was the sole liberty thought important enough to be included in the original text of the Constitution.

Now, we know that the suspension of habeas corpus under the Military Commissions Act was intended to permit the federal government to detain “unlawful combatants” captured on the battlefields of Afghanistan and Iraq to be held at the U.S. Naval Base in Guantanamo, Cuba, for the purpose of protecting Americans from these scumbags, and to keep them in a place outside the United States, where U.S. Constitutional Law would not apply.  It was held by the Bush presidency that unlawful combatants captured on the field of battle DO NOT HAVE ANY RIGHTS UNDER THE CONSTITUTION OF THE UNITED STATES, said rights are guaranteed by our constitution to AMERICAN CITIZENS, ONLY!   In that case, the cowardly murderous scum (they hide behind a mask) captured on the battlefield were subject to Military Law, with ample precedent, and could be interrogated under the auspices of said Military Law.   In this, I absolutely and totally agree with President Bush.  Unfortunately for America in my opinion, leftist attorneys of the ACLU (whom I consider also to be scum) convinced five leftist justices on the Supreme Court into granting unprecedented U.S. Constitutional guarantees to America’s enemies, the unlawful combatants held in detention at Guantanamo Naval Base.

End Part Two

Part One Here

2009-04-20