Posse Comitatus – Will it Survive?

Posse Comitatus – Will it Survive?

Tim O’Connor – CPH President – 7/19/2022

Posse Comitatus is a Latin word which means: “the entire body of the inhabitants who may be summoned by the sheriff to assist in preserving the public peace (as in a riot) or in executing a legal precept that is forcibly opposed including under the common law every male inhabitant who is above 15 years of age and not infirm.”

At 18 USC 1385 there is a prohibition placed upon the military being used for domestic policing. It reads: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”

Constitutionally at Article 1, Section 8,

“The Congress shall have Power […] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;”

Constitutionally, Congress has 18 things that it is given the power to do. Above are the six that have anything to do with the military forces. It has been a really long time since Congress passed a law declaring war on another nation. They do refund the military forces every two years under what is they called the National Defense Authorization Act (NDAA) for Fiscal Year _____. These NDAA’s have incrementally become a huge problem to domestic tranquility. Congress is supposed to pass laws for the regulation of the military, not a joint chiefs of staff. The Militia is NOT the National Guard and Congress does not allocate money to train Militia forces through the States, so there is no Militia for them to call forth to quell insurrections, turn invasion forces back, nor to execute the laws of the US.

Basically, except for passing money for the military to use and, set some of the regulations in the military, Congress does nothing to fulfill the rest the Constitutional duties included here. What they do include is generally within these NDAA bills. They are thousands of pages long with dozens and dozens of amendments. The NDAA for 2023 (H.R. 7900) has passed the House.

Legally, it is only possible to have policing done by military members in cases where Congress expressly allows the military to operate. They are trying to pull this off. Certain members of Congress have inserted language into this massive bill to give the military the ability to do whatever they want and the president to, likewise, order them to do whatever they want.

The NDAA (H.R. 4350) that came out of the House of Representatives for 2022 has yet to be passed. It is still an active bill. In Section 525, the bill seeks to amend 10 USC 916, “Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.” I suggest you look this up; however, anyone covered by this section will be subject to a court-martial and treated as a terrorist because the bill adds that definition to the already defined military code. That includes anything which is deemed “provoking speech or gestures,” as found at 10 USC 917.

In Section 529A, titled “Countering Extremism in the Armed Forces” the bill seeks to add an entire chapter, chapter 89. Section 1801 establishes the Office of Countering Extremism and a Director to head up the office. The Director will be responsible for creating policy to counter extremism, counter extremism, provide for protection of those making reports of extremism, make use of “outside experts on extremism” (like the SPLC), and “perform any additional duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security.” That’s dangerous.

Section 1802 is about training and education. It prescribes that the Department of Homeland Security provide training to help the branches of the military identify any possibility of extremism within the ranks of the enlisted and when speaking with recruits and potential recruits.

Section 1803 establishes a database of extremist activity to be kept which includes the offending behavior; rank, race, gender, and ethnicity; the agencies involved with investigating the incident; any actions taken; any administrative action, including a “final disposition;” and the records collected. Also included in the database is to be anything the FBI sent to the Secretary of Defense, Secretary of DHS, or local law enforcement regarding any current or former military member pertaining to extremism. Any answers to any questions about extremism are to be included. Any paperwork pertaining to anyone removed or prevented from joining the military and any revoked security clearances are also to be included. The database can be expanded upon as the Secretary of Defense sees fit.

Section 1804 details the need for the new Director of the Office of Countering Extremism to provide a report to Congress. Part of this report is to include whatever recommendations the Director has in order to get Congress to pass legislation to expand the Directors efforts in combating extremism.

Section 1805 makes the reader well aware that whatever definition of extremism the Secretary of Defense comes up with will be the definition people will be subject to.

While this is still an active bill, another bill, S. 1605, was passed into law and has the same title as H.R. 4350. Even in the Senate bill, a report concerning educational efforts about extremism and another report covering the recommendations the Secretary of Defense would like to see made law to amend 10 USC 47. Also in the Senate bill is Section 549(g)(5):

“The term ‘qualified civilian victim service organization’ means an organization outside the Department of Defense that –

(A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and

(B) is located in a community surrounding a military installation.”

So if a service member commits an act of domestic violence, the Department of Defense is going to be the entity to decide whether or not they will accept the victim’s report or not. They basically are getting the ability to determine whether these events happened or not. Guess what they are going to do after they get rid of all of the ‘extremists?’

The first report, the one about education, I couldn’t find.

The second of the two reports mentioned here strongly advocates for passing the House version of the 2022 NDAA. It’s only three pages long but about half of the paper is devoted to that. The other major chunk of this report is about the DoD’s usage of social media to kick service members out of the military and to deny recruits entry. Another, more in-depth report about the recommendations can be found here. It is worth looking at the way that Lloyd Austin sees extremism.

Now, there are amendments to these bills as well. The most notable is an amendment to H.R. 4530 offered by Adam Schiff, House Amendment 109. I’ve read this 30 times and Doug Hagmann finally got it to click as to how it actually works. His proposed amendment would prevent the military’s oversight by EVERYONE. It reads:

“24. An Amendment To Be Offered by Representative Schiff of California or His Designee, Debatable for 10 Minutes

“At the end of subtitle C of title V, add the following new section:

“SEC. 5__. EXCLUSION OF EVIDENCE OBTAINED WITHOUT PRIOR AUTHORIZATION.

“Section 271 of title 10, United States Code, is amended by adding at the end the following new subsection:

“``(d) Notwithstanding any other provision of law, any information obtained by or with the assistance of a member of the Armed Forces in violation of section 1385 of title 18, shall not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof.''.”

This amendment will not allow illegal domestic policing activities conducted by the military to be reviewed by any of the bodies listed above. If this passes into law, the military will be policing us. The person who heads up the military is the president. If this passes into law, the president will be able to utilize all of the laws in the USA PATRIOT Act, and additional resources such as the MIAC Report, and the Southern Poverty Law Center to define and locate extremists. And let’s not forget that the Department of Justice is all over the idea of defining extremism in order to get the military to start policing citizens of the United States. The Department of Homeland Security (The Ministry of Truth, Winston), published their definition of White Supremacist Extremists on June 8, 2022:

“Violent White Supremacist Extremists (WSE) are defined as individuals who seek, wholly or in part, through unlawful acts of force or violence, to support their belief in the intellectual and moral superiority of the white race over other races. The mere advocacy of political or social positions, political activism, use of strong rhetoric, or generalized philosophic embrace of violent tactics may be constitutionally protected activities.”

Biden’s DHS just couldn’t bring themselves to say that there is a First Amendment in the United States that does protect all of those forms of speech. Hate speech laws will get rid of all of that. I am already seen as hateful because I am a white male who believes in the Bible.

In other words, if Shifty Schiff’s amendment goes through, the president will have the entire military at his disposal with no Congressional oversight. Knowing enough of history and human nature, those who are thorns in the presidents side will just be liquidated one way or another.

We all know that we are being spied on by our government. Our social media accounts give the US government way too much infiltration into our personal and social lives. Something you said 15 years ago on facebook may get you fired from your job, restricted from being able to access your bank accounts, or CPS showing up at your door. Seems as though the hate speech laws are ex post facto laws meted out by social justice warriors.

Will Posse Comitatus survive? It seems like it very well may die here. The Democrat Party wants it to, it will save them from having to explain why military assets were on the ground at January 6. The Department of Defense is indicating they would like to see that happen. The rest of the deep state would love to have command of the military to set their ‘utopia’ up for real. Joe Biden, being the deep state’s puppet, will just order whatever they think practical without a second thought.

If Posse Comitatus doesn’t survive, get ready. If you had a Trump flag outside of your house, you will be seen as a threat and the military will come and pick you up. All those Karen’s in your neighborhood will be blowing up extremist hotlines because you had a Don’t Tread on Me flag hanging upon your flag pole. Hopefully you are remembering all of your friends telling you that, since they aren’t doing anything wrong, the surveillance state ushered in by the USA PATRIOT Act is no big deal. Well, it was a big deal in 2001 and now all of it is coming to bear upon the US citizen and then some. Buckle up and pray to God – may He be with you.

You’ll need Him. Alexsander Solzhenitsyn wrote a three volume piece called the Gulag Archipelago. They are the saddest books I have ever read. It’s all about the former U.S.S.R.’s prison system for dissidents and how they got there. Article 58 was how they got there. From pages 60 – 67, Solzhenitsyn wrote:

“Article 58 consisted of fourteen sections.

“In Section 1 we learn that any action (and, according to Article 6 of the Criminal Code, any absence of action) directed towards the weakening of state power was considered to be counterrevolutionary. ...

“Section 2 listed armed rebellion, seizure of power in the capitol or in the provinces, especially for the purpose of severing any part of the U.S.S.R. through the use of force. For this the penalties ranged up to and including execution (as in every succeeding section). …

“Section 3 was ‘assisting in any way or by any means a foreign state at war with the U.S.S.R.’ …

“Section 4 spoke about (fantastic!) aid to the international bourgeoisie. …

“Section 5 was inciting a foreign state to declare war against the U.S.S.R. …

“Section 6 was espionage. “This section was so broadly that if one were to count up all those sentenced under it one might conclude that during Stalin’s time our people supported life not by agriculture or industry, but only by espionage on behalf of foreigners, and by living on subsidies from foreign intelligence services. Espionage was very convenient in its simplicity, comprehensible both to an undeveloped criminal and to a learned jurist, to a journalist and to public opinion. …

“Section 7 applied to subversion of industry, transport, trade, and the circulation of money. …

“Section 8 covered terror (not that terror from above for which the Soviet Criminal Code was supposed to ‘provide a foundation and basis in legality,’ but terrorism from below). …

“Section 9 concerned destruction or damage by explosion or arson (always with a counterrevolutionary purpose), for which the abbreviated term was ‘diversion’ – in other words, sabotage. …

“Section 10. It’s definition was: ‘Propaganda or agitation, containing an appeal for the overthrow, subverting, or weakening of the Soviet power … and, equally, the dissemination or preparation or possession of literary materials of a similar content. …

“Section 11 was a special one; it had no independent content of its own, but provided for an aggravating factor in any of the preceding ones: if the action was undertaken by an organization or if the criminal joined an organization. …

“Section 12 concerned itself closely with the conscience of our citizens: it dealt with the failure to make a denunciation of any action of the types listed. And the penalty for the mortal sin of failure to make a denunciation carried no maximum limit! …

“Section 13, presumably long since out of date, had to do with service in the Tsarist secret police – the Okhrana. (A subsequent form of analogous service was, on the contrary, considered patriotic.) …

“Section 14 stipulated the penalties for ‘conscious failure to carry out defined duties or intentionally careless execution of same.’ In brief it was called ‘sabotagee’ or ‘economic counterrevolution’ – and the penalties, of course, included execution.”

We are literally on the brink, with the imminent threats to the liberties of the United States’ citizenry, including the dissolution of Posse Comitatus, civilian control over the military, and keeping the president in check of having to live under the exact same thing. Stalin and Khrushchev had to open physical letters as they went through the mail. The United Surveillance States of America has a repository of online activity, text messages, social comments and posts, videos, addresses, 10 million public live-feed cameras, 100 million private-feed cameras, and we all carry cell phones. You’ll need God to get out of the Gulag.