...On April 24, 2007, Major General Timothy Lowenberg, the Adjutant General, Washington National Guard, and Director of the Washington Military Department, testified before the Senate Judiciary Committee on “The Insurrection Act Rider and State Control of the National Guard.” He was speaking in opposition to Section 1076 of the recently passed 2007 National Defense Authorization Act (NDAA), which President Bush quietly signed into law this past October 17.
The law clears the way for the President to execute martial law, commandeer National Guard units around the country and unilaterally authorize military operations against the American people in the event of an executive declaration of a “public emergency.”
This move toward martial law, which is intended to facilitate more effective counterinsurgency measures on the home front, took place, according to Lowenberg, “without any hearing or consultation with the governors and without any articulation or justification of need.” This, despite the fact that Section 1076 of the new law “changed more than one hundred years of well-established and carefully balanced state-federal and civil-military relationships.” In other words, with one swipe of the pen, says the General, “one hundred years of law and policy were changed without any publicly or privately acknowledged author or proponent of the change.”
Its “Federal Plans for Implementing Expanded Martial Law Authority” are to be executed via the recently created domestic military command, the Northern Command or NORTHCOM. “One key USNORTHCOM planning assumption,” says Lowenberg, “is that the President will invoke the new Martial Law powers if he concludes state and/or local authorities no longer possess either the capability or the will to maintain order.” In fact, this “
highly subjective assumption,” as Lowenberg puts it, has been in the works for some time now. According to the General, the “US Northern Command has been engaged for some time in deliberative planning for implementation of Section 1076 of the 2007 National Defense Authorization. The formal NORTHCOM CONPLAN 2502-05 was approved by Secretary of Defense Gates on March 15, 2007,”
Further, according to the General, the 2007 NDAA provisions “could be used to compel National Guard forces to engage in civil disturbance operations under federal control.” In that case, NORTHCOM will effectuate its move to martial law, its “CONPLAN,” by way of its very own “civil disturbance plan,” Department of Defense Civil Disturbance Plan 55-2, code-named Garden Plot. Major Tom Herthel, of the United States Air Force Judge Advocate General School, recently laid out the Rules of Engagement & Rules for the Use of Force during the implementation of “GARDEN PLOT,” which according to Herthel, is ”the plan to provide the basis for all preparation, deployment, employment, and redeployment of all designated forces, including National Guard forces called to active federal service, for use in domestic civil disturbance operations as directed by the President.” Among other things,
the “rules” allow for the use of lethal force during domestic “civil disturbance operations.”...