Obama Executive Order 13528 Subverts Posse Comitatus Act of 1878

On January 11, 2010, President Obama signed Executive Order (EO) 13528 (PDF) — right after the over-hyped Flight 253 ‘terrorist’ attack, the fraudulently engineered Swine Flu pandemic and a few other man-made disasters — that, among other things, establishes a Council of Governors, chosen by the President who, as noted by the Intel Daily, will rubber-stamp long-sought-after Pentagon contingency plans to seize control of state National Guard forces in the event of a ‘National Emergency.’

Executive Orders are orders given by the President that are generally used to direct Federal Agencies and officials in their execution of laws or policies established by Congress. In many instances, especially during this past decade, Executive Orders have been used to guide agencies in directions contrary to Congressional intent. Executive Orders are controversial since they are sometimes use to make law without the consent of Congress. It’s time for a closer look at EOs & Directives and it’s time to fix the intentional, oft illegal, subversion of laws.

In keeping with tradition, no mention was made in the corporate media of President Obama’s EO 13528 that egregiously subverts the Posse Comitatus Act of 1878. A White House Press Release claims the ten member, bipartisan Council was created ‘to strengthen further the partnership between the Federal Government and State Governments to protect our Nation against all types of hazards.’

Once appointed, according to the White House Press Release, the council will be reviewing such matters as involving the National Guard of various States; Homeland defense; civil support; synchronization and integration of State and Federal military activities in the United States; and other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities.

Synchronizing and integrating state National Guard units with those of the Armed Forces would place them under the control of the United States Northern Command (USNORTHCOM) that was egregiously created in 2002, allegedly to help fight the ‘War on Terror’ — one of the largest acts of treason ever perpetrated against U.S. citizens by its Government.

The Posse Comitatus Act of 1878 Prohibits Using the Military for Civilian Law Enforcement

The Posse Comitatus Act of 1878 – which EO 13528 clearly subverts — bars the use of the military for civilian law enforcement. For years Bush tried to accomplish the same thing, especially after his administration’s criminal inactions during the 2005 Hurricane Katrina disaster.

During the height of the 2005 Hurricane Katrina crisis, Bush tried citing presidential prerogatives for using the National Guard troops under the Insurrection Act, a draconian statute that authorizes the President to federalize National Guard units when state governments fail to ‘suppress rebellion.’ The plight of Katrina victims was twisted — aided and abetted by complicit corporate media — into an act of ‘rebellion’ and a new criminal category was concocted to criminalize the traumatized New Orleans residents.

As noted by The Intel Daily, given the serious implications such proposals would have for a functioning democracy, the media’s deafening silence on Obama’s Executive Order is hardly surprising. As the cheerleaders in the illegal occupations of Iraq and Afghanistan, and now Pakistan with Iran and Yemen coming soon, the censorship by the media says a lot about the state of affairs in ‘new normal’ America. As with his predecessors, Mr. hope and change will try to illegally forge ahead and invest the permanent National Security bureaucracy with unprecedented power.

Under the guise of the 2008 National Defense Authorization Actmore potentially illegal ‘legislation’ — the President will establish the bipartisan Council of Governors to advise, and exchange views and information with the Secretary of Defense, the Secretary of Homeland Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions. The Secretary of Defense will designate the Executive Director of this toothless Council.

In ‘exchanging views’ with the Assistant to the President for Intergovernmental Affairs and Public Engagement, the Assistant Secretary for Defense for Homeland Defense and Americas Security Affairs, the Commander, United States Northern Command, the Chief National Guard Bureau, the Commandant of the Coast Guard and other appropriate officials of the Department of Homeland Security and the Department of Defense as well as appropriate officials of other executive departments or agencies designated by the Secretary of Defense or the Secretary of Homeland Security, the council will serve as civilian cover for political decisions made by the Executive Branch and the security apparatus.

Obama Had Previously Proposed Expanding Military Use in Domestic Disasters

Last summer Obama proposed expanding the military’s authority to respond to domestic disasters. His proposal was opposed by the National Governors Association (NGA) because it would invite confusion on critical command and control issues, complicate inter-agency planning, establish stove-piped response efforts and interfere with gubernatorial Constitutional responsibilities to ensure the safety and security of their citizens.

EO 13528 further erodes the constitutional limits on Executive Branch power, and actually has little to do with catastrophic emergency response. It is however, the latest attempt to expand the National Security state and the Continuity of Government (COG) programs that are, and have been, illegally kept secret from Congress and the American people.

Many members of Congress are not authorized to view information on COG plans, procedures, capabilities and facilities, as well as the classified annexes of National Security Presidential Directive 51 and Homeland Security Presidential Directive 20 (NSPD 51/HSPD 20), two other draconian, illegal pieces of ‘legislation.’ Despite Obama’s vows of openness and transparency, even the redacted version of those documents have been removed from the White House web site.

Reagan-era EO 12656 defines a national security emergency as ‘any occurrence, including natural disaster, military attack, technological emergency, or other emergency that seriously degrades or seriously threatens the national security of the United States.’ The problem is, the U.S. Government has a history of terrorizing its own citizens and creating disasters and false flag attacks.

Secretive Continuity of Government Plan Raises a Lot of Questions

George W. Bush’s Homeland Security Presidential Directive 8 (HSPD-8), also removed from the White House web site, established ‘a national program and multi-year planning system to conduct homeland security preparedness-related exercises.’ That program, details of which are unavailable to Congress and the American people, is to be carried out in collaboration with state and local governments and private sector entities. The secrecy surrounding the shady creation of illegal ‘law’ raises a lot of questions and concerns.

Loosely worded definitions concerning the Defense Department’s role during such emergencies leave the door open for potential abuses by unscrupulous politicians and their corporate partners. USNORTHCOM’s role in all of this is shrouded in secrecy. As the past decade has shown, the egregious amount of corruption in Washington has gotten entirely out of hand and something needs to be done to stop it. The fact that corrupted military leaders are now courting corrupted politicians also raises a lot of flags.

The timing of the deployment of U.S. combat troops as an on-call federal response force coinciding with the greatest economic emergency and financial disaster since the 1930s that was fraudulently created by Wall Street is peculiar and suspicious.

The fact that COG plans are shrouded in secrecy and kept from members of Congress and the American people is very disturbing and very revealing. It raises a LOT of questions. In keeping with the tradition of creating tyranny while destroying any semblance of law — like his predecessor — President Obama’s EO 13528 undermines the democratic rights of the American people. Mr. Obama needs to start paying attention to those that elected him, keep his promises that put him in office and quit running Bush’s third term. It’s time for accountability and it’s time to restore the rule of law.

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