Declaring the US a Battlefield

by DAVE LINDORFF

The looming collapse of the US military in Iraq, of which a number of generals and former generals, including former Chief of Staff Colin Powell, have warned, is happening none too soon, as it my be the best hope for preventing military rule here at home.

From the looks of things, the Bush/Cheney regime has been working assiduously to pave the way for a declaration of military rule, such that at this point it really lacks only the pretext to trigger a suspension of Constitutional government. They have done this with the active support of Democrats in Congress, though most of the heavy lifting was done by the last, Republican-led Congress.

The first step, or course, was the first Authorization for Use of Military Force, passed in September 2001, which the president has subsequently used to claim-improperly, but so what? -that the whole world, including the US, is a battlefield in a so-called "War" on Terror, and that he has extra-Constitutional unitary executive powers to ignore laws passed by Congress. As constitutional scholar and former Reagan-era associate deputy attorney general Bruce Fein observes, that one claim, that the US is itself a battlefield, is enough to allow this or some future president to declare martial law, "since you can always declare martial law on a battlefield. All he’d need would be a pretext, like another terrorist attack inside the U.S."

The 2001 AUMF was followed by the PATRIOT Act, passed in October 2001, which undermined much of the Bill of Rights. Around the same time, the president began a campaign of massive spying on Americans by the National Security Agency, conducted without any warrants or other judicial review. It was and remains a program that is clearly aimed at American dissidents and at the administration’s political opponents, since the Foreign Intelligence Surveillance Court would never have raised no objections to spying on potential terrorists. (And it, and other government spying programs, have resulted in the government’s having a list now of some 325,000 "suspected terrorists"!)

The other thing we saw early on was the establishment of an underground government-within-a-government, though the activation, following 9-11, of the so-called "Continuity of Government" protocol, which saw heads of federal agencies moved secretly to an underground bunker where, working under the direction of Vice President Dick Cheney, the "government" functioned out of sight of Congress and the public for critical months.

It was also during the first year following 9-11 that the Bush/Cheney regime began its programs of arrest and detention without charge-mostly of resident aliens, but also of American citizens-and of kidnapping and torture in a chain of gulag prisons overseas and at the Navy base at Guantanamo Bay.

The following year, Attorney General John Ashcroft began his program to develop a mass network of tens of millions of citizen spies-Operation TIPS. That program, which had considerable support from key Democrats (notably Sen. Joe Lieberman), was curtailed by Congress when key conservatives got wind of the scale of the thing, but the concept survives without a name, and is reportedly being expanded today.

Meanwhile, last October Bush and Cheney, with the help of a compliant Congress, put in place some key elements needed for a military putsch. There was the overturning of the venerable Posse Comitatus Act of 1878, which barred the use of active duty military inside the United States for police-type functions, and the revision of the Insurrection Act, so as to empower the president to take control of National Guard units in the 50 states even over the objections of the governors of those states.

Put this together with the wholly secret construction now under way–courtesy of a $385-million grant by the US Army Corps of Engineers to Halliburton subsidiary KBR Inc–of detention camps reportedly capable of confining as many as 400,000 people, and a recent report that the Pentagon has a document, dated June 1, 2007, classified Top Secret, which declares there to be a developing "insurgency" within the U.S, and which lays out a whole martial law counterinsurgency campaign against legal dissent, and you have all the ingredients for a military takeover of the United States.

As we go about our daily lives–our shopping, our escapist movie watching, and even our protesting and political organizing-we need to be aware that there is a real risk that it could all blow up, and that we could find ourselves facing armed, uniformed troops at our doors.

Bruce Fein isn’t an alarmist. He says he doesn’t see martial law coming tomorrow. But he is also realistic. "Really, by declaring the US to be a battlefield, Bush already made it possible for himself to declare martial law, because you can always declare martial law on a battlefield," he says. "All he would need would be a pretext, like another terrorist attack on the U.S."

Indeed, the revised Insurrection Act (10. USC 331-335) approved by Congress and signed into law by Bush last October, specifically says that the president can federalize the National Guard to "suppress public disorder" in the event of "national disorder, epidemic, other serious public health emergency, terrorist attack or incident." That determination, the act states, is solely the president’s to make. Congress is not involved.

Fein says, "This is all sitting around like a loaded gun waiting to go off. I think the risk of martial law is trivial right now, but the minute there is a terrorist attack, then it is real. And it stays with us after Bush and Cheney are gone, because terrorism stays with us forever." (It may be significant that Hillary Clinton, the leading Democratic candidate for president, has called for the revocation of the 2002 Authorization for Use of Military Force against Iraq, but not of the earlier 2001 AUMF which Bush claims makes him commander in chief of a borderless, endless war on terror.)

Sen. Patrick Leahy (D-VT), chair of the Senate Judiciary Committee, has added an amendment to the upcoming Defense bill, restoring the Insurrection Act to its former version-a move that has the endorsement of all 50 governors–but Fein argues that would not solve the problem, since Bush still claims that the U.S. is a battlefield. Besides, a Leahy aide concedes that Bush could sign the next Defense Appropriations bill and then use a signing statement to invalidate the Insurrection Act rider.

Fein argues that the only real defense against the looming disaster of a martial law declaration would be for Congress to vote for a resolution determining that there is no "War" on terror. "But they are such cowards they will never do that," he says.

That leaves us with the military.

If ordered to turn their guns and bayonets on their fellow Americans, would our "heroes" in uniform follow their consciences, and their oaths to "uphold and defend" the Constitution of the United States? Or would they follow the orders of their Commander in Chief?

It has to be a plus that National Guard and Reserve units are on their third and sometimes fourth deployments to Iraq, and are fuming at the abuse. It has to be a plus that active duty troops are refusing to re-enlist in droves-especially mid-level officers.

If we are headed for martial law, better that it be with a broken military. Maybe if it’s broken badly enough, the administration will be afraid to test the idea.

DAVE LINDORFF is the author of Killing Time: an Investigation into the Death Row Case of Mumia Abu-Jamal. His n book of CounterPunch columns titled "This Can’t be Happening!" is published by Common Courage Press. Lindorff’s newest book is "The Case for Impeachment",
co-authored by Barbara Olshansky.

He can be reached at: dlindorff@yahoo.com




Dave Lindorff is a founding member of ThisCantBeHappening!, an online newspaper collective, and is a contributor to Hopeless: Barack Obama and the Politics of Illusion (AK Press).

Like What You’ve Read? Support CounterPunch
Weekend Edition
July 31-33, 2015
Jeffrey St. Clair
Bernie and the Sandernistas: Into the Void
John Pilger
Julian Assange: the Untold Story of an Epic Struggle for Justice
Roberto J. González – David Price
Remaking the Human Terrain: The US Military’s Continuing Quest to Commandeer Culture
Lawrence Ware
Bernie Sanders’ Race Problem
Andrew Levine
The Logic of Illlogic: Narrow Self-Interest Keeps Israel’s “Existential Threats” Alive
ANDRE VLTCHEK
Kos, Bodrum, Desperate Refugees and a Dying Child
Paul Street
“That’s Politics”: the Sandernistas on the Master’s Schedule
Ted Rall
How the LAPD Conspired to Get Me Fired from the LA Times
Mike Whitney
Power-Mad Erdogan Launches War in Attempt to Become Turkey’s Supreme Leader
Ellen Brown
The Greek Coup: Liquidity as a Weapon of Coercion
Stephen Lendman
Russia Challenges America’s Orwellian NED
Will Parrish
The Politics of California’s Water System
John Wight
The Murder of Ali Saad Dawabsha, a Palestinian Infant Burned Alive by Israeli Terrorists
Jeffrey Blankfort
Leading Bibi’s Army in the War for Washington
Geoffrey McDonald
Obama’s Overtime Tweak: What is the Fair Price of a Missed Life?
Brian Cloughley
Hypocrisy, Obama-Style
Robert Fantina
Israeli Missteps Take a Toll
Pete Dolack
Speculators Circling Puerto Rico Latest Mode of Colonialism
Ron Jacobs
Spying on Black Writers: the FB Eye Blues
Paul Buhle
The Leftwing Seventies?
Binoy Kampmark
The TPP Trade Deal: of Sovereignty and Secrecy
David Swanson
Vietnam, Fifty Years After Defeating the US
Robert Hunziker
Human-Made Evolution
Shamus Cooke
Why Obama’s “Safe Zone” in Syria Will Inflame the War Zone
David Rosen
Hillary Clinton: Learn From Your Sisters
Sam Husseini
How #AllLivesMatter and #BlackLivesMatter Can Devalue Life
Shepherd Bliss
Why I Support Bernie Sanders for President
Louis Proyect
Manufacturing Denial
Howard Lisnoff
The Wrong Argument
Tracey Harris
Living Tiny: a Richer and More Sustainable Future
Kollibri terre Sonnenblume
A Day of Tears: Report from the “sHell No!” Action in Portland
Tom Clifford
Guns of August: the Gulf War Revisited
Renee Lovelace
I Dream of Ghana
Colin Todhunter
GMOs: Where Does Science Begin and Lobbying End?
Ben Debney
Modern Newspeak Dictionary, pt. II
Christopher Brauchli
Guns Don’t Kill People, Immigrants Do and Other Congressional Words of Wisdom
S. Mubashir Noor
India’s UNSC Endgame
Ellen Taylor
The Voyage of the Golden Rule
Norman Ball
Ten Questions for Lee Drutman: Author of “The Business of America is Lobbying”
Franklin Lamb
Return to Ma’loula, Syria
Masturah Alatas
Six Critics in Search of an Author
Mark Hand
Cinéma Engagé: Filmmaker Chronicles Texas Fracking Wars
Mary Lou Singleton
Gender, Patriarchy, and All That Jazz
Patrick Hiller
The Icebreaker and #ShellNo: How Activists Determine the Course
Charles Larson
Tango Bends Its Gender: Carolina De Robertis’s “The Gods of Tango”