IN THE UNITED STATES, NO DECLARATION OF MARTIAL LAW IS NECESSARY. IT IS CUSTOMARY FOR THE PRESIDENT, A GOVERNOR, OR A MILITARY COMMANDER TO PUBLISH A PROCLAMATION TO INFORM THE PEOPLE.
Code of Federal Regulations Title 32, Chapter V, Part 501, Sec. 501.4.(edit:attached below--welles)
"Martial Law depends for its justification upon public necessity. Necessity gives rise to its creation; necessity justifies its exercise; and necessity limits its duration."
"In most instances the decision to impose martial law is made by the President, who normally announces his decision by proclamation, which usually contains his instructions concerning its exercise and any limitations thereon."
When the Federal Armed Forces have been committed, "the population of the affected area will be informed of the rules of conduct and other restrictive measures the military is authorized to enforce. These will normally be announced by proclamation or order . . ."
Sec 501.1 (e) "Units and members of the Army Reserve on active duty may be employed in civil disturbances operations in the same manner as active forces."
Sec. 501.3 (a) "In the enforcement of the laws, Federal Armed Forces are employed as a part of the military power of the United States and act under the orders of the President as Commander in Chief."
Code of Federal Regulations] [Title 32, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR501.4]
[Page 8-9]
TITLE 32--NATIONAL DEFENSE
CHAPTER V--DEPARTMENT OF THE ARMY
PART 501--EMPLOYMENT OF TROOPS IN AID OF CIVIL AUTHORITIES--Table of Contents
Sec. 501.4 Martial law.
It is unlikely that situations requiring the commitment of Federal Armed Forces will necessitate the declaration of martial law. When Federal Armed Forces are committed in the event of civil disturbances, their proper role is to support, not supplant, civil authority. Martial law depends for its justification upon public necessity. Necessity gives rise to its creation; necessity justifies its exercise; and necessity limits its duration. The extent of the military force used and the actual measures taken, consequently, will depend upon the actual threat to order and public safety which exists at the time. In most instances the decision to impose martial law is made by the President, who normally announces his decision by a proclamation, which usually contains his instructions concerning its exercise and any limitations thereon. However, the decision to impose martial law may be made by the local commander on the spot, if the circumstances demand immediate action, and time and available communications facilities do not permit obtaining prior approval from higher authority (Sec. 501.2). Whether or not a proclamation exists, it is incumbent upon commanders concerned to weigh every proposed action against the threat to public order and safety it is designed to meet, in order that the necessity therefor may be ascertained. When Federal Armed Forces have been committed in an objective area in a martial law situation, the population of the affected area will be informed of the rules of conduct and other restrictive measures the military is authorized to enforce. These will normally be announced by
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proclamation or order and will be given the widest possible publicity by all available media. Federal Armed Forces ordinarily will exercise police powers previously inoperative in the affected area, restore and maintain order, insure the essential mechanics of distribution, transportation, and communication, and initiate necessary relief measures.
But the real beauty of the situation is Bush can first manufacture a terrorist attack or some such thing and then declare martial law because of the manufactured episode.
According to a classified document prepared for Rumsfeld, the new organization, known by its Orwellian moniker as the Proactive Pre-emptive Operations Group, or P2OG, terrorist attacks will be provoked which would then require "counter-attack" by the United States on countries "harboring the terrorists".
P2OG would launch secret operations aimed at "stimulating reactions" among terrorists and states possessing weapons of mass destruction, meaning it would prod terrorist cells into action, thus exposing them to "quick-response" attacks by US forces.
The Los Angeles Times has revealed the creation of an organisation by US Secretary of Defence Donald Rumsfeld called the "Proactive, Preemptive Operations Group" Its purpose is to "bring together CIA and military covert action, information warfare, intelligence, and cover and deception". The PPOG's role is to manufacture the terrorism that is to be combatted. http://www.missouri.edu/~quinnl/news/p2og.html
The Federal Emergency Management Agency – FEMA, is empowered to implement the horrific Executive Orders 10995 through 11005. As acting president of the United States during the declaration of a national emergency and Martial Law Bush can also issue Executive Orders, granting him far reaching powers to unilaterally create law without congressional oversight and approval.
The Bush administration used the September 11 terrorist attack as an opportunity to implement a "shadow government," based on old plans prepared during the Cold War. More than 150 officials were initially evacuated by helicopter to different locations in mountainous regions of the eastern United States.
In late October the temporary arrangement was made permanent, officially establishing the new regime. Since then Bush has added hand picked people from top levels of the civil service who will carry out his commands unquestioningly. Legal documents have been drafted to give these officials the full powers of government in the event of a catastrophe.
The sinister and illegal "shadow government" consists entirely of executive branch officials. No members of the legislative and judicial branches of government are included in the secret plan. In television interviews Senate Majority Leader Tom Daschle, confirmed that neither he nor any other congressional leader had been consulted about the plan. When asked whether this constituted a secret government, he replied, "I don't know. I don't know what their role is, what their current authority is, because we haven't been informed."
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