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Will there be Martial law in the USA before December 1st, 2009

Settled as No

Background: The martial law concept in the U.S. is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. Article 1, Section 9 of the U.S. Constitution states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public Safety may require it."

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. Since that time, however, USNORTHCOM [6] has increased its direct involvement with civilian administration.

Settlement details:As reported by a major mainstream news source.

 
Forecast history %
Yes
2%
No
98%
Settled as No on Sun 6th Dec 2009 2am PST

Suspend date: Mon 30th Nov 2009 3:59pm PST
Settlement date: Sun 6th Dec 2009 2am PST
Prediction cut-off: Predictions on this question after Mon 30th Nov 2009 3:59pm PST have been voided because they were made after the question could be settled

Initial likelihoods: Yes: 10%

Action history:

Created Mon 9th Feb 2009 4:08pm PST by blacksoapman
Changed Question text Tue 10th Feb 2009 11:06am PST by destry[Admin]: ... law in the USA before 12/1/09December 1st, 2009
Suspended Mon 30th Nov 2009 3:59pm PST : Suspend date reached
Settlement requested Sun 6th Dec 2009 12:41am PST by nyharel: No martial law in the USA...
Settled as 'No' Sun 6th Dec 2009 2am PST by destry[Admin]

Suspend date: Mon 30th Nov 2009 3:59pm PST
Settlement date: Sun 6th Dec 2009 2am PST
Prediction cut-off: Predictions on this question after Mon 30th Nov 2009 3:59pm PST have been voided because they were made after the question could be settled details

 

Predictions (34)

16 weeks ago
impossibleman predicted Yes (H$1 at 2%)
16 weeks ago
nyharel predicted No (H$400 at 98%)
17 weeks ago
dclark1032 predicted No (H$100 at 98%)
18 weeks ago
nyharel predicted No (H$300 at 98%)
18 weeks ago
nyharel predicted No (H$300 at 98%)

Comments (10)

Ha! You're not sucking me in to this question to make a quick buck! Presume you mean 12/1/10?
posted 1 year ago
No I'm not trust me I don't know how to make a quick buck on here
posted 1 year ago
Army MP’s ‘Just Showed Up’ and ‘Didn’t Cross the Line,’ Alabama Law Enforcement Official Says
Wednesday, March 18, 2009
By Pete Winn, Senior Writer/Editor


U.S. Army soldiers from Ft. Rucker patrol the downtown area of Samson, Alabama after a shooting spree March 10, 2009. (Photo: Reuters/Mark Wallheiser. Used by permission. )
(CNSNews.com) - The commander of the Alabama Bureau of Investigation office in Dothan, Ala., told CNSNews.com that neither he nor his agents called for U.S. troops to come to the scene of murders in Samson, Ala., on the night of March 10 -- but he was very glad they came.

“I don’t know who called them,” Lt. Barry Tucker told CNSNews.com. “I didn’t. I didn’t have time to call anybody.”

The U.S. Army Training and Doctrine Command is investigating how and why 22 active duty MP’s from nearby Ft. Rucker, Ala., came to be placed on the streets of Samson during the night of a horrendous murder spree in the tiny South Alabama community - a possible violation of the federal Posse Comitatus Act.

Tucker said he was in charge of the crime scene that night.

“The bottom line is, I’m the commander of the Bureau of Investigation in the Dothan area. All of the (crime) scenes were in my area. It’s my responsibility to see that they’re secured, being worked - everything that goes on with a criminal investigation. And we were doing that.”

Tucker said law enforcement agencies in the area weren’t actually called in - they volunteered themselves.

“I received calls from just about every law enforcement agency in southeast Alabama wanting to know how they could help,” Tucker said. “A lot of them, in the case of Fort Rucker, just showed up.”

Tucker, who said he was in Samson for several hours on the night in question, actually stopped to talk to the soldiers that had been dispatched.

“I talked to the MP’s, they were fired up to be there,” Tucker said. “They weren’t performing what I consider to be a law enforcement function.”

Tucker had high praise for the soldiers, and said that everyone at the crime scene - local residents and law enforcement alike - seemed pleased the MPs were there.

“I myself am a retired lieutenant colonel in the MPs,” Tucker said. “I understand about Posse Comitatus and how that works and how the line is drawn for MPs from an active duty base working a law enforcement mission outside of the base.

“I know where the line is - and I didn’t see that line crossed,” he said.

“What I saw was MPs standing out in the road, moving traffic, doing things that would normally be done at a traffic control point. They were augmented by civilian law enforcement from outside agencies. Anything that would’ve happened could have been handled by the law enforcement agencies.”

He added: “Some of my agents said that they saw them at the crime scene, but they were outside of the tape. ‘Traffic control points’ don’t have to be just (for) vehicles. They can be for pedestrians, they can be cameras from news sources. That’s what I saw.”

Tucker said the soldiers were a “welcome sight” to the community.

“It’s good to see the post coming to life and coming out and getting involved with the community when they needed help and they needed to see some authority figures,” he added.

The Civilian Use of Military Troops: ‘Muddy Waters’

Experts on the use of military troops for civilian purposes say it is becoming increasingly difficult to know where the line is drawn between proper use and improper use.

Civilian attorney Craig Trebilcock, a reserve colonel in the Army Judge Advocate General’s office, told CNSNews.com that in recent years, the president, Congress and the courts have all “muddied the waters” when it comes to civilian use of military force.

Trebilcock said the basic idea of the federal Posse Comitatus Act is very clear - the active use of the military as a police force within the borders of the U.S. is forbidden.

“The basic rule is, you don’t use the Army or Marine Corps to go out chasing criminals. When you have active duty Army troops, they are not supposed to go out and catch bank robbers, for example,” he told CNSNews.com.

Congress has approved a few exceptions to the ban on active use - but not many.

“One is called the Stafford Act,” he said. “During times of tremendous civil disturbance, the governor of a state can invite in federal troops by requesting them from the president. And the last we saw that was in the Los Angeles race riots back in the ‘90s.”

Another exception is in the case of civilian insurrection. But all active use of the military must originate from “very high sources,” Trebilcock pointed out.

“Individual unit commanders cannot authorize a violation of Posse Comitatus, nor can they invoke any of the exceptions,” he added. “That request must come from the governor of a state or ‘the national command authority’-- which is basically the military’s term for the president or secretary of defense.”

The problem, he said, is that court rulings over the last few years have made it “perfectly acceptable” to use military troops within U.S. borders for “logistical support” or “humanitarian relief” for civilian authorities -- and actions by Congress and the president have further complicated things.

“We increasingly see the military doing different types of logistical support at major civilian events like the Olympics or the Super Bowl,” he said. “This is where the line gets blurry.”

The courts have ruled that ‘passive’ use of the military does not violate the Posse Comitatus Act, he said. But the line between passive use and active use is “paper thin,” he added.

“You can have local military forces on the scene of a situation, such as we saw in Waco, Texas, where civilian law enforcement got advice and input from the military - and that was OK, according to the courts.

“You can have military units providing communications support - that’s OK. That’s considered ‘passive,’ not ‘active,’” he said.

“But basically anytime you are putting military forces in control of civilians, you have a problem,” Trebilcock said. “Arresting people, detaining people, executing searches, knocking on somebody’s door and saying, ‘We’re looking for somebody’s gun’ or something like that - that’s pure law enforcement, and there’s no way of wiggling around that.”

Trebilcock, the author of a forthcoming article in Army magazine on the topic, said the Posse Comitatus Act is antiquated and should at least be reviewed by Congress, if not totally overhauled.

“It’s a statute; it’s not a constitutional provision,” he said. “Because the president and Congress keep making exceptions to it, it’s getting to the point where the statute is largely being gutted. It still has some core meaning, but they keep nibbling away at the restrictions of Posse Comitatus until it has lost a lot of its value.”

He added: “Everytime they throw troops down at the border, it nibbles away at it a little more.”
posted 52 weeks ago
almost there it's a start
posted 52 weeks ago
Lefty Outrage at ‘Conservative’ Article Misses Key Fact, Writer Isn’t Conservative
http://www.publiusforum.com/2009/09/30/lefty-outrage-at-conservative-article-misses-key-fact-writer-isnt-conservative/
The left is in an uproar today. They got their panties in a bunch over a piece that ran on the conservative newsblog NewsMax.com where it was suggested that Obama’s irresponsible actions as president could result in a military coup that would “restore” the Constitution.

...

The fact of the matter is that John L. Perry is not a conservative. In fact his bio page says that he’s worked for Jimmy Carter, a Democrat governor of Florida and other Democrat Party institutions.

Perry also has had a distinguished career in public policy. He served President Lyndon B. Johnson as deputy under secretary of commerce and was a White House speech writer and race-relations trouble-shooter for President Johnson.

In the Jimmy Carter administration, he was executive assistant to the under secretary of Housing and Urban Development and was interim director of public information for the Federal Emergency Management Agency.

Perry served as press aide to Gov. LeRoy Collins of Florida and executive assistant to the speaker of the Florida House of Representatives.

Perry was also assistant to the president of the National Association of Broadcasters, a member of the top-management team and director of public relations for the 1982 World’s Fair in Knoxville, Tenn., and an academic fellow at the Center for the Study of Democratic Institutions in Santa Barbara, Calif.


With all that background as a liberal democrat, Perry does not fit the normal image of a “right wing conservative.” Yet not one of the lefty sites going nuts on this story have mentioned this.
[More at the link...]
posted 24 weeks ago
  8 kruijs[Power User]
so, why does a conservative news site publish his articles headlined "right angles"?
since 1999?
didn't they notice since 10 years that had a mole in their rows?

we're talking about someone who, as you say, "recently came to attention after writing a column that seemed to call for a military coup against the Obama administration" on just that site.

http://www.newsmax.com/john_perry/
http://www.zimbio.com/John+L.+Perry/articles/HdwrdTaYkbA/Writer+John+L+Perry+Seems+Call+Military+Coup

maybe "Perry does not fit the normal image of a “right wing conservative.” - but he hasn't had to fear much from them too, obviously, until now.

could it be he simply changed is political views around 20 years ago? the conservatives welcomed him and gladly offered him a platform then - but now, suddenly, he is denied by the "right", like you, because he could damage their reputation?

(not casting stones, just asking)
posted 24 weeks ago
@kruijs:

Do you know what a "right angle" is? It means "perpendicular".
posted 24 weeks ago
  10 kruijs[Power User]
@notablenotices

obviously the term is used in a fully coincidental way. yes.
oh, and "perpendicular" can be used in plural? there are multiple perpendiculars like there a "right angle"s?

Do you know what a "dispensable post" is? It means "distracting from inconvenience".
posted 24 weeks ago

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