I started to attempt to sort all this out, and came across a good article:
http://www.lewrockwell.com/bovard/bovard56.htmlDennis Kucinich lists among his Articles of Impeachment, #s 22 & 23
CREATING SECRET LAWS & VIOLATION OF THE POSSE COMITATUS
Do some of these "Secret laws" have to do with caveats contained in other Acts (eg PAtriot Act) which contradict, and/or override the Posse Comitatus?
I intended to have all this neat and tidy, and post it by today, but got bogged down, & have just not had enough time to get back and finish the project. I wonder if it was intentional to make this so convoluted and confusing. It is to me, anyway.
Here is a start: info on the posse comitatus and changes to it under Bush.
1) POSSE COMITATUS ACT passed on June 16, 1878 after the end of Reconstruction.
Title 18, U.S. Code, Section 1385
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air 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.
2) CHANGES TO ACT UNDER BUSH
John Warner Defense Authorization Act -Hr5122, was signed by the president on Oct 17, 2006. John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122) changed the name of the key provision in the statute book from "Insurrection Act" to "Enforcement of the Laws to Restore Public Order Act." Sec. 1042 (??) of the Act, "Use of the Armed Forces in Major Public Emergencies," effectively overturned what is known as posse comitatus.
3) REPEAL OF ACT BY SENATE (March 2008)
Congress Quietly Repeals Martial Law Provision
By Jim Bovard
Mon, 21 Apr 2008 06:03:00
(Bovard) -- In late 2006, Congress revised the Posse Comitatus Act and the Insurrection Act to make it far easier for a president to declare martial law. Those changes were repealed at the end of this January as part of Public Law 110-181 (HR 4986), the National Defense Authorization Act for Fiscal Year 2008 (signed into law by President Bush on January 28, 2008).
Senator Patrick Leahy (D-Vt), who championed the opposition to the original law, was also the hero of the repeal. It helped that all the nation’s governors opposed the 2006 law.
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