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BY MICHAEL WEBSTER: Syndicated Investigative Reporter: Dec 18, 2008 at 12:30 PM PST

The Bush administration claims that the use of the military to support civil authorities stems from core national values as expressed in the Constitution. Article I, Section 8. It states, “Congress shall have power... to provide for calling forth the Militia to execute laws of the Union, suppress Insurrections, and repel Invasions.” Article II, Section 3 states the President, “...shall take care that the Laws be faithfully executed.” The 10th Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it, are reserved to the States respectively...,” providing the basis that Federal government support, including DoD assistance, is provided in support of State and local authorities.




According to Gerry J. Gilmore of "Family Security Matters reports that Pentagon officials have established a new rapid-response joint task force and plan to create two more in coming years to bolster assistance to civil authorities following potential chemical, biological or nuclear attacks or natural disasters, a senior U.S. official said.
These new units will team with other federal agencies in support of local responders following chemical, biological or nuclear terror attacks on the homeland or during natural disasters, Paul McHale, assistant secretary of defense for homeland defense and Americas’ security affairs, told reporters recently.

The establishment of the new units “builds upon a decade of improving [Defense Department] capabilities to deal with a domestic terrorist attack involving a weapon of mass destruction,” McHale said.

The first new 4,700-member task force was assigned camiseta ajax amsterdam fc to a component of U.S. Northern Command on Oct. 1, 2008 McHale said. The new unit, he said, is built around a core of active-duty soldiers from the U.S. Army 3rd Infantry Division’s 1st Brigade Combat Team based at Fort Stewart, Ga. This task force, he said, falls under the control of Northcom’s Joint Force Land Component Command, U.S. Army North, in San Antonio. Commanded by

Plans are to stand up the other two new joint task forces in 2010 and 2011, respectively, McHale said. These units, he said, mostly will comprise reserve component personnel from all the military services.

Each task force will be capable of performing tasks such as medical response, decontamination, technical rescue, patient evacuation, and communications and logistics support, to include air and land transportation assets for transport of supplies, people and equipment, according to U.S. Army North documents.

The task forces would be ordered into action by the president, McHale said, following requests for disaster-relief assistance from state governors.





The Bush administration indicates that the President is authorized by the Constitution and Title 10 (10 USC 331?334) to suppress insurrections, rebellions, and domestic violence. After issuing a Cease and Desist Order, the President issues an executive order that directs the Attorney General and the SECDEF to take appropriate steps to disperse insurgents and restore law and order. The Attorney General is then responsible to coordinate the federal response to domestic civil disturbances. The restrictions of the Posse Comitatus Act no longer apply to federal troops executing the orders of the President to quell the disturbance in accordance with Rules of the Use of Force (RUF) approved by the DoD General Counsel and the Attorney General.

Even though McHale said, the new units do not conduct law-enforcement missions. And further stated in the event of civil disturbances and some other types of national emergencies, other designated U.S. military units could be ordered by the president to help civil authorities establish order as part of the Garden Plot domestic security plan. However the USNORTHCOM Concept Plan (CONPLAN) 2502 (Civil Disturbance Operations), is the plan for supporting state and local authorities during civil disturbances. This plan serves as the foundation for any CDO operation and standardizes most activities and command relationships. Tasks performed by military forces may include joint patrolling with law enforcement officers; securing key buildings, memorials, intersections and bridges; and acting as a quick reaction force. The JTF commander, a general officer, coordinates all DoD support with the Senior Civilian Representative of the Attorney General (SCRAG). DoD will usually establish a JTF headquarters near where the Attorney General’s local representative is based.

Garden Plot is the DoD replicas camisetas futbol Civil Disturbance Plan, the generic Operations Plan [OPLAN] for military support related to domestic civil disturbances. The department of the Army Civil Disturbance Plan (DA GARDEN PLOT), is the governing publication for planning, deployment, employment, and redeployment of federal military resources involved in countering domestic civil disturbances. Military assistance to Federal, State, and local government (including government of U.S. territories) and their law enforcement agencies for civil disturbances and civil disturbance operations, including response to terrorist incidents, are referred to cumulatively as "Military Assistance for Civil Disturbances (MACDIS)."

The DoD Strategy for Homeland Defense and Civil Support (2005) defines Defense Support of Civil Authorities (DSCA) as, “DoD support, including federal military forces, the Department’s career civilian and contractor personnel, and DoD agency and component assets, for domestic emergencies and for designated law enforcement and other activities.” It notes that DSCA is also often referred to as Civil Support. There has been discussion in some DoD offices of distinguishing between the two terms: Civil Support as a total force construct with DSCA involving Federal support only and not include the National Guard in Title 32 or State Active Duty status. But as of 2008 they remained essentially synonymous.

Civil disturbances are riots, acts of violence, insurrections, unlawful obstructions or assemblages, or other disorders prejudicial to public law and order. The term civil disturbance includes all domestic conditions requiring or likely camiseta ac milán to require the use of Federal Armed Forces pursuant to the provisions of Chapter 15 of Title 10, United States Code.

The Posse Comitatus Act of 1878 (PCA), subsequent amendments and policy decisions prohibits the use of federal military forces (to include Reserve forces) to perform internal police functions. PCA thus restricts the type of support DoD can provide domestic law enforcement organizations. There are a wide variety of exceptions to the PCA and the law essentially gives the President all the authority he needs to employ DoD forces inside the U.S. although there may appropriately be political consequence that would inhibit such employment.