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Dear Sirs;
I don’t know if you’ll publish, or not; but wanted to submit a piece I’ve researched and written anyway. My name is Frederick W. Thomas and I live near the small town of Cleveland, GA. Here’s a little about me, as advised I submit on your “Policy for Articles” page.
DOB: 9/17/38
Career: 1. Radioman Chief Petty Officer, USN, Retired (30 years service on surface craft, submarines, and with amphibious forces); Veteran of War in Viet Nam
2. Aerospace Communications Systems Engineer (Retired from Lockheed/Martin Corp. 5/30/2008; and 20 years with various other aerospace firms, i.e., Boeing, General Dynamics)
3. Held Top Secret Security Clearance for nearly 50 years
4. Married 48 years, father of two, and grandfather of five
5. Enjoying my retirement in the hills of Northeast Georgia.
If you’d like more information, I have a professional resume that stretches five pages from when I was in industry.
Thank you,
Fred Thomas
Here is my piece:
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December 12, 2008
Analysis, Assessment, Opinion
Frederick W. Thomas
I offer this as an assessment of certain actions taken by the U.S. Government (Majority Democrat Congress), and by the President of the United States, George W. Bush, and state my opinion pertaining to the issues identified, here-in.
Three critical items to begin:
First, let me state that I do not think there will be rioting and blood in the streets, nor do I advocate a general rebellion against the U.S. Government for cause. I am not an anarchist. So far as I can tell, there is no cause to date that could, or should, precipitate a general uprising, and/or attempt to overthrow the government of this country. In any case, I am foresworn to defend the Constitution of the United States from all enemies, both foreign and domestic, and hold this oath to be binding unto death; and,
Second, in furtherance to the U.S. Constitution, our founding fathers gave us a “Bill of Rights.” In that bill is the First Amendment, which guarantees Americans the right to redress grievances committed, or perpetrated, by our government. That’s the legal Constitutional way, and our government has no choice but to permit redress of wrong; and,
Third, for our protection and individual defense, the founders also gave us the Second Amendment, the sole purpose of which was to grant the citizenry the right to defend themselves against the tyrannies of our own government, expressly by permitting ownership and the keeping of arms. I wouldn’t attempt, nor ever give council to attempt, to overthrow the U.S. Government; but, I sure as hell, would take up arms to defend me and mine against it, if it ever came to that.
Now, to this assessment, and my opinions.
What I bring to your attention are a series of laws enacted by the Congress, and actions taken by POTUS, i.e., executive order, that cause me concern. My concern stems from the aggregate of these actions when taken together, and what I see as the potential for a real civil disaster in America.
Journalist Geoff Metcalf pointed out in his article “The Unintended Consequences of Abrogating Posse Comitatus,” dated: December 7, 2008, the consequences of the fed’s disregarding of the law, and the terrible results of one case where that took place, i.e., the Janet Reno massacre of the Branch Davidians. I would add another; the tragedy of the Randy Weaver family on Ruby Ridge when agents of the FBI and BATF broke the law, ended up killing Weaver’s wife and son, almost exclusively without cause. We’d all like to think these were aberrations, that events like those could never happen again, we’ve got safeguards in place now to protect us. We would also be wrong.
Consider:
Public Law 109-364, the “John Warner Defense Authorization Act of 2007″ (H.R.5122) (2), which was signed by President Bush on October 17th, 2006, rescinded the Posse Comitatus Act (18 U.S.C.1385) of 1878. The Defense Authorization Act is what the Geoff Metcalf piece that I sent out on the 10th was all about.
Posse Comitatus in American law and jurisprudence derives from English law. The literal translation of the Latin “posse comitatus”: A thing is said to be in “posse” when it may possibly be, and “comitatus” the power of the county, including the aid and attendance of all knights and other men above the age of fifteen within the county; but, ecclesiastical persons, and such as labour under any infirmity, are not compellable to attend. It is used where a riot is committed, a possession is kept on a forcible entry, or any force or rescue made contrary to the commandment of the Queen’s writ, or in opposition to the execution of justice.
The Posse Comitatus Act of 1878
20 Stat. L.. 145, June 18, 1878
CHAP. 263 – An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes.
SEC. 15.
From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.
10 U.S.C. (United States Code) 375
Sec. 375. Restriction on direct participation by military personnel:
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
~~~
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 all 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 why I’m concerned.
In addition, the Military Commissions Act of 2006 rescinded Habeas Corpus. So, what exactly does that mean to us? 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 did not hold sway. 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 c0nsider 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.
In a sense, the two laws (The Patriot Act and the Military Commissions Act rescinding habeas corpus) complement one another. One (the rescinding of habeas corpus) allows for military interrogation tactics and detention abroad, while the other (The Patriot Act) seeks to enforce acquiescence at home, i.e., preparing to order the military onto the streets of America. Remember, the term for putting an area under military law enforcement control is precise; the term is “martial law.” You can be arrested, placed in detention, and not see the light of day until the government gets to your case. Could be a while. Furthermore, you can scream to high heaven and anybody that could get you free will never hear your cries. You can be held without cause! You are no longer innocent until proven guilty, and without the restrictions of habeas corpus placed upon the government, you are in limbo. You are not an unlawful combatant held at Guantanamo, you are an American citizen in detention in America.
I have no problem with the suspension of habeas corpus in the case of enemy combatants. The five justices on the Surpreme Court are flat out wrong. What I do have a problem with is the application of the Military Commissions Act, in conjunction with the Patriot Act, on American soil. Do you think you still have the right, under the U.S. Constitution, to defend yourself from tyrannies imposed by our government gone out of control? Well, our current government, the majority Democrat Congress doesn’t think so, and that’s why one of the leading advocates of gun control and the disarming of American citizens, Rep. Henry Waxman, who when informed of the implications extended in the Second Amendment that the founding fathers thought to be vital to our people said, “Oh no, we can’t have that! They might want to shoot US!”
From the moment the Patriot Act was signed and forever forward, Americans lost the right to depose the government by protest, or anything else, as a consequence to the laws associated with homeland security. Pick up your shotgun and march on City Hall, and see what happens. All it will take is for that afore-mentioned idiot to utter those words, “they’re trying to terrorize us.”
What follows could be the “unintended consequences” of the afore described congressional and presidential actions.
Could a general rebellion against governmental tyranny begin and expand? I don’t know! Depends upon the circumstances! For example, what do you think would happen if the Supremes ever took up the issue of Obama’s citizenship and he be found not qualified for the office of the president because he isn’t a natural born citizen? He could be declared “not qualified,” and John McCain would become POTUS by default. McCain’s the candidate with the next most votes, you see. You can bank on race riots the likes of which would make the L.A. and Watts riots look like a playground scuffle. Half the country would go up in flames. Or, how about this? Obama takes office in January and THEN it’s determined he was ineligible, a usurper, and no government organization, agency, court, or body of citizens does a thing about it. And then, what if every act he signs and treaty he makes is declared by the political opposition to be invalid? I think it’s possible that political resistance to a usurper would turn this country on it’s head, and into insurrection in short order.
In order for civil unrest to begin, ensue, and conclude with catastrophic results in America, an atmosphere of despotism would have to be created. Acts of despotism by members of the Congress in key positions could be a catalyst for civil unrest, as could despotism in a sitting president result in unrest and civil insurrection. We, as a nation, have been fortunate in our history not to have either. That doesn’t mean we shouldn’t be concerned, or that we needn’t be vigilant, either. We must be both, and take active part in our own governance, or suffer the fate of many other nations and empires, to wit, they fell. There are so many other things that might precipitate civil disorder it boggles the mind.
1. The state of the union today is one of economic turbulence, with impending higher taxation. We’re going to have to pay the price for these woes with significantly increased taxation, i.e., the trillion plus cost of bailouts. Jobs are scarce, and currently we have the highest unemployment in 30 years. Socialism is on the rise and the haves are going to be taxed out of their shoes to support the have-nots and the non-productive. It’s called legalized plunder. That’s when people use government to take the property of others. Government should punish plunder-not sponsor it. Another catalyst.
2. Personal property is destroyed by rioters to the tune of hundreds of millions of dollars every time a racial violent act garners national attention. Citizens are killed in senseless acts of violence in these riots, and others are killed/wounded by those attempting to protect their property from the rioters. The California National Guard has been called up to quell riots many times in the past half century. Senseless rioting and destruction of private property, another catalyst.
3. After WW-I unemployment was so high that we were close to economic depression even then. The U.S. Government promised jobs to the men who fought the war. They lied, their promises were never kept. After the war, veterans camped on the Capitol Mall in protest, demanding those jobs. They numbered nearly 10,000. Result: General McArthur, then Maj., was ordered by the POTUS to disperse and evacuate the camp, and to use deadly force if necessary. McArthur opened fire on those veterans, American citizens camped in protest of government lies, on the Capitol Mall. Another catalyst.
4. We are beset with an implacable enemy, i.e., radical Islamic extremists, whose sole aim is the destruction and annihilation of the West. A diplomatic discourse with this enemy is not possible, because they do not negotiate. Relaxed vigilance and a failure of government to protect our nation from this enemy may result in further attacks on our soil, with loss of life in the 10’s of thousands. Whomever, in the halls of government, that is responsible for a failure to protect Americans should further and devastating attacks on us take place again, could face rage and murder.
In any event, and with the way it’s set up now I also think it’s pretty much a certainty that a sitting president would by Executive Order federalize the National Guard of every state, to quell civil unrest. What’s worse, or just as bad, is that a third of the population could quickly and with a lot of bloodshed be interred behind a fence, and sit there for an indeterminate period because habeas corpus no longer exists to force those in power to show just cause.
And, every third world nation with a grudge and some seconders too, might attempt military action against America on our soil, and American interests all over the globe. What the hell, why not would be their attitude. They could almost attack with impunity, as the country would be incapable of responding to attacks from everywhere and everyone. How about THEM apples!
Do I think a civil conflagration of enormous proportions, or a rebellion, is in our near future, i.e., next 10 years? Nah! Americans are a bunch of sheep, and will simply ignore the Constitution, just as does the Democrats in the Congress. The famous quotation of Thomas Jefferson, that: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” can only be described now as the quaint uttering of an historical personage. My other half disagrees with me; but, she always does.
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Moe Lane
Dan McLaughlin
Steve Maley
Daniel Horowitz
