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To: Perseverando

http://www.gpo.gov/fdsys/pkg/FR-2013-04-12/html/2013-07802.htm

This grants the military the power to declare martial law without Congress, president, or local officials.


3 posted on 05/21/2013 6:51:16 AM PDT by DBrow
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To: DBrow
"This grants the military the power to declare martial law without Congress, president, or local officials. "

Banana Republic Militaries seem to have a basic right to do so without any legal authorization.

12 posted on 05/21/2013 7:12:18 AM PDT by Paladin2
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To: DBrow
This grants the military the power to declare martial law without Congress, president, or local officials.

From your link:

[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21826-21839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2013-07802]

============================================================
-----------------------------------------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[DOD-2009-OS-0038; RIN 0790-AI54]

32 CFR Part 182

Defense Support of Civilian Law Enforcement Agencies

AGENCY: Department of Defense.

ACTION: Final rule.

(Lot's of bureaucratic BS, but here's a snippet:

Sec. 182.3 Definitions

The following definitions apply to this part:
Civil authorities. Those elected and appointed officers and employees who constitute the government of the United States, the governments of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. possessions and territories, and political subdivisions thereof.
Civil disturbance. Group acts of violence and disorder prejudicial to public law and order.
Civilian law enforcement official. An officer or employee of a civilian Federal, State, local, and tribal law enforcement agency with responsibility for enforcement of the laws within the jurisdiction of that agency.
DoD personnel. Federal military officers and enlisted personnel and civilian employees of the Department of Defense.
Domestic emergencies. Emergencies affecting the public welfare and occurring within the 50 states, District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and territories, or any political subdivision thereof, as a result of enemy attack, insurrection, civil disturbance, earthquake, fire, flood, or other public disasters or equivalent emergencies that endanger life and property or disrupt the usual process of government. Domestic emergencies include civil defense emergencies, civil disturbances, major disasters, and natural disasters.

"[[Page 21829]]

Emergency authority. A Federal military commander's authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances because:
(1) Such activities are necessary to prevent significant loss of life or wanton destruction of property and are necessary to restore governmental function and public order; or
(2) Duly constituted Federal, State, or local authorities are unable or decline to provide adequate protection for Federal property or Federal governmental functions.
Explosives or munitions emergency. A situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.
Law enforcement agency. Any of a number of agencies (outside the Department of Defense) chartered and empowered to enforce U.S. laws in the following jurisdictions: the United States, a State (or political subdivision) of the United States, a territory (or political subdivision) of the United States, a federally recognized Native American tribe or Alaskan Native Village, or within the borders of a host nation."

18 posted on 05/21/2013 7:45:10 AM PDT by Perseverando (The truth is hate to those who hate the truth.)
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