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Under What Conditions Can The US Army Engage Citizens: The Army's "Civil Disturbances" Primer

Tyler Durden's picture




 

With events in Ferguson deteriorating from day to day, despite the arrival of the Missouri National Guard, some have asked what further escalation steps are possible.

As a reminder, the reason Missouri governor Jay Nixon resorted to the aid of the National Guard is due to the limitations imposed by the Posse Comitatus Act which, broadly, seeks to limit the powers of Federal government in using federal military personnel, i.e., the Armed Forces of the United States, to enforce state laws. The Act does not apply to the National Guard, nor to the US Coast Guard, although the former will likely not see much practical use in Missouri.

However, as usually happens, there are loopholes and the best place to uncover these is in a 132-page primer conveniently released by none other than the US Army back on April 21, known simply as ATP 3-39.33 "Civil Disturbances." The primer begins with the umbrella statement:

Civil unrest may range from simple, nonviolent protests that address specific issues, to events that turn into full-scale riots. Gathering in protest may be a recognized right of any person or group, regardless of where U.S. forces may be operating. In the United States, this fundamental right is protected under the Constitution of the United States...

"Protected" it may be, but as usual, the interpretation of the Constitution is in the eye of the beholder, or more appropriately, gun holder. Because shortly thereafter we further read the following:

The Constitution of the United States, laws, regulations, policies, and other legal issues limit the use of federal military personnel in domestic support operations. Any Army involvement in civil disturbance operations involves many legal issues requiring comprehensive legal reviews. However, federal forces are authorized for use in civil disturbance operations under certain circumstances.

What circumstances? For the answer we turn to section, 2-8, whose provisions may soon become applicable to Ferguson and/or other municipal regions, should the rioting in the St. Louis suburb escalate further. To wit:

The Constitution of the United States provides two exceptions for which the Posse Comitatus Act does not apply. These exceptions are based upon the inherent right of the U.S. government to ensure the preservation of public order and to carrying out governmental operations within its territorial limits by force, if necessary. These two exceptions are—

  • Emergency authority. A sudden and unexpected civil disturbance, disaster, or calamity may seriously endanger life and property and disrupt normal governmental functions to such an extent that local authorities cannot control the situation. At such times, the federal government may use military force to prevent the loss of life or wanton destruction of property and to restore government functions and public order. In these circumstances, federal military commanders have the 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 (see DODD 3025.18).
  • Protection of federal property and functions. When the need for the protection of federal property or federal functions exists, and duly constituted local authorities are unable to, or decline to provide adequate protection, federal action, including the use of military forces, is authorized.

2-9. Laws passed by the U.S. congress include four exceptions to the Posse Comitatus Act. With the first three laws discussed below (10 USC 331–333) there is a prerequisite that the President must take personal action, including the issuance of a proclamation calling upon insurgents to disperse and retire peaceably within a limited time. The four exceptions, based on law are—

  • 10 USC 331. When a state is unable to control domestic violence and they have requested federal assistance, the use of the militia or Armed Forces is authorized.
  • 10 USC 332. When ordinary enforcement means are unworkable due to unlawful obstructions or rebellion against the authority of the United States, use of the militia or Armed Forces is authorized.
  • 10 USC 333. When a state cannot or will not protect the constitutional rights of the citizens, due to domestic violence or conspiracy to hinder execution of State or Federal law, the use of the militia or Armed Forces is authorized.
  • House Joint Resolution 1292. This resolution directs all departments of the U.S. government, upon request of the Secret Service, to assist in carrying out its statutory duties to protect government officials and major political candidates from physical harm.

In other words, if and when the US Armed Forces decide that rioting infringes upon any of these exclusions, then the constitution no longer applies and the use of lethal force becomes a viable option against US citizens.

It gets worse, because whereas one would expect that a "Constitutional expert" such as the president, Barack Obama would be the one tasked with interpreting if and when the Constitution no longer applies, the primer is quite explicit in handing over responsibility to "federal military commanders":

... federal military commanders have the 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 disturbance.

So should Obama resume his vacation even as things in Missouri escalate dramatically, and be "unreachable", it may well come to pass that Obama's opinion will be irrelevant not only whether the National Guard should be unleashed in Ferguson, but whether Posse Comitatus is suddenly null and void.

The good news: the use of lethal force is not the only option the US Army would have if and when it engages with the population. US citizens may simply  be herded into "temporary internment camps" for reindoctrination purposes under the supervision of PSYOP Officer (no really, they used that word), as follows from the Army's FM3-39.40 "Internment and Resettlment Operations" manual:

Internment and Resettlement (I/R) operations facilitate the ability to conduct rapid and decisive combat operations; deter, mitigate, and defeat threats to populations that may result in conflict; reverse conditions of human suffering; and build the capacity  of a foreign government to effectively care for and govern its population. This includes capabilities to conduct  shaping operations across the spectrum of military operations to mitigate and defeat the underlying conditions  for conflict and counter the core motivations that result in support to criminal, terrorist, insurgent, and other destabilizing groups. I/R operations also include the daily incarceration of U.S. military prisoners at facilities  throughout the world.

 

An adaptive enemy will manipulate populations that are hostile to U.S. intent by instigating mass civil disobedience, directing criminal activity, masking their operations in urban and other complex terrain, maintaining an indistinguishable presence through cultural anonymity, and actively seeking the traditional sanctuary of protected areas as defined by the rules of land warfare. Such actions will facilitate the dispersal of threat forces, negate technological overmatches, and degrade targeting opportunities. Commanders will use technology and conduct police intelligence operations to influence and control populations, evacuate detainees and, conclusively, transition rehabilitative and reconciliation operations to other functional agencies. The combat identification of friend, foe, or neutral is used to differentiate combatants from noncombatants and friendly forces from threat forces.

Presenting army camps, hopefully not in a city near you:

Detainee facilities, an important planning consideration, are treated in the same basic fashion as any base camps. The same basic planning considerations are taken into  account. Some detainee facilities will be subordinate to a larger base camp but they may also be at a separate location.

And:

The PSYOP officer in charge of supporting I/R operations serves as the special staff officer responsible for PSYOP. The PSYOP officer advises the military police commander on the psychological impact of military police or MI actions to prevent misunderstandings and disturbances by detainees and DCs. The supporting I/R PSYOP team has two missions that reduce the need to divert military police assets to maintain security in the I/R facility.  The team—

  • Assists the military police force in controlling detainees and DCs.
  • Introduces detainees or DCs to U.S. and multinational policy.
  • Develops PSYOP products that are designed to pacify and acclimate detainees or DCs to accept U.S. I/R facility authority and regulations.
  • Gains the cooperation of detainees or DCs to reduce the number of guards needed.
  • Identifies malcontents, trained agitators, and political leaders within the facility who may try to organize resistance or create disturbances.
  • Develops and executes indoctrination programs to reduce or remove antagonistic attitudes.
  • Identifies political activists.
  • Provides loudspeaker support (such as administrative announcements and facility instructions when necessary).
  • Helps the military police commander control detainee and DC populations during emergencies.
  • Plans and executes a PSYOP

In other words, if and when the time comes to "override" Posse Comitatus, random US citizens may have two options: i) end up in the US version of a Gulag or, worse, ii) be shot.

 

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Tue, 08/19/2014 - 20:23 | 5117636 brushhog
brushhog's picture

Its just the illusion that there are any limitations on them at all, the fact is if TPTB feel that the they need to call in the army to kill American citizens then they can and they'll just fall back on the broad interpretation of the loophole.

Wed, 08/20/2014 - 07:00 | 5118961 hootowl
hootowl's picture

Keep paying your illegal income taxes folks.  You are financing the demise of your own country and removing any future hope for your children and grandchildren for any real freedom and prosperity.

Has their ever been a more ignorant and cowardly citizenry in the history of the world?

Tue, 08/19/2014 - 19:18 | 5117328 Bárðarbunga
Bárðarbunga's picture

The Act does not apply to the National Guard, nor to the US Coast Guard, although the former will likely not see much practical use in Missouri.

Then why the fuck are the National Guard in Ferguson if they perform no practical use? Are you saying the Coast Guard should be there instead?

Wed, 08/20/2014 - 06:57 | 5118955 hootowl
hootowl's picture

The Demoncrapic governor of MO. won't use the guard against his Ebonic Plague voting base......better to let the mess fester into murder and chaos, then try to blame someone else later.

Tue, 08/19/2014 - 19:31 | 5117413 Seize Mars
Seize Mars's picture

Thanks, Rothschilds!

 

Tue, 08/19/2014 - 19:41 | 5117449 p00k1e
p00k1e's picture

 

These revolutionaries need financing.  They'll get hungry soon.  And look who shows up:

Islamic Terror Sympathizers Reach Out To Ferguson Protestors

According to reports, factions of the Islamic State terror group which is brutalizing parts of the Middle East have turned their attention to civil unrest in Ferguson, Missouri.

 

Bwahahaha!

Tue, 08/19/2014 - 19:43 | 5117457 brushhog
brushhog's picture

This isn't new. After Americans fought a war over a 5% tax on tea, the newly formed government imposed a 20% tax on liquor. When the American patriots rebelled ( whiskey rebellion ) Washington led troops to violently crush it. With the level of militerization of the police forces now, it hardly seems necessary to bring in more military personnel. Police have tanks, body armor, assault weapons and military vehicles just like the army and they are just as willing to shoot what they see as 'enemy combatants' AKA ...American citizens.

Wed, 08/20/2014 - 06:53 | 5118951 hootowl
hootowl's picture

Police live in vulnerable human bodies and have wives, children, siblings, parents, and relatives, etc..

Who is going to protect all these elements while the police (and military personnel) are out summarily murdering and imprisoning their fellow citizens and neighbors?

Ovomit will have to conscript his army of illegal aliens and imported murdering muscum to get the job done.

The head of this snake is an illegal alien squatting in the White Mosque at 1600 Pennsylvania Avenue in the District of Criminals.  If you don't believe that, you are part of the problem.

That place will have to be fumigated and exorcised after the current resident demoniacs are removed from power.

Tue, 08/19/2014 - 19:48 | 5117482 p00k1e
p00k1e's picture

And another thing!  Why in the hell has the "news" been one step ahead of the cops in every move?

It’s almost as if the ‘news’ is narrating….  The ‘news’ new Michael Brown was capped before Darren Wilson knew he capped Michael Brown. 

Tue, 08/19/2014 - 19:52 | 5117503 Kreditanstalt
Kreditanstalt's picture

"When ordinary enforcement means are unworkable due to unlawful obstructions or rebellion against the authority of the United States, use of the militia or Armed Forces is authorized."

Then, in addition to cops and National Guard, the military resumes its essential role as defender of the governments against the people. 

Tue, 08/19/2014 - 19:53 | 5117507 MASTER OF UNIVERSE
MASTER OF UNIVERSE's picture

PSYOPS? We don't need no stinkin' PSYOPS.

Tue, 08/19/2014 - 19:56 | 5117523 asa-vet52
asa-vet52's picture

I didn't read anywhere that it said "random people".

Tue, 08/19/2014 - 20:24 | 5117644 Jackagain
Jackagain's picture

"Random people" are any citizens who cross their gun sights...kind of like collateral damage in a war zone.

Tue, 08/19/2014 - 20:15 | 5117602 Jack Burton
Jack Burton's picture

Things have changed. During my training and service we never once talked about confronting the American people. Clearly the game has changed and Washington DC has become so greedy, corrupt, criminal, dangerous and imperial, that the CIA, NSA, FBI, DEA, and all branches of the military are now tasked with force protection of the Washington DC and Wall Street Banks.

In case some people don't "get it" yet, this is not your country, you make work here and inhabit a space, but this does not belong to you, others, mainly in Washington DC now have ownership and the means to enforce that ownership of this land, it's resources and it wealth. Want to believe you are a free person and all that shit? Maybe once, but no more.

Tue, 08/19/2014 - 20:24 | 5117634 Jackagain
Jackagain's picture

They don't talk about Obama's golf score at Bilderberger and G20 meetings...

Wed, 08/20/2014 - 06:44 | 5118939 hootowl
hootowl's picture

This federal behemoth has become too corrupt to redeem.

 

Secession and reset is the only answer.  This current mess runs too deep to clean it up.

Tue, 08/19/2014 - 20:15 | 5117605 Dewey Cheatum Howe
Dewey Cheatum Howe's picture

Protection of federal property and functions. When the need for the protection of federal property or federal functions exists, and duly constituted local authorities are unable to, or decline to provide adequate protection, federal action, including the use of military forces, is authorized.

...

That wouldn't apply to the St Louis Fed now would it?

Tue, 08/19/2014 - 20:22 | 5117627 Jackagain
Jackagain's picture

Unfortunately they consider even your house and land 'federal property'....just ask the dopes in Boston.

Tue, 08/19/2014 - 20:36 | 5117684 Jackagain
Jackagain's picture

Operation Garden Plot and other criminal activity by our dear leaders...

http://www.uhuh.com/control/garden.htm                                                                                

http://bit.ly/ucEM3a                                                                                                                                    

https://www.youtube.com/watch?v=yr-OCYibwAc                                                                                 

http://www.newswithviews.com/baldwin/baldwin774.htm                                                                  

Tue, 08/19/2014 - 20:39 | 5117706 p00k1e
p00k1e's picture

Psst.  The way this case has been framed, the cop won’t go to trial.  The prosecutor sees self-defense.

Who will explain that ditty to the mob?

 

Tue, 08/19/2014 - 20:42 | 5117716 Uncle Remus
Uncle Remus's picture

Nelly.

Wed, 08/20/2014 - 06:41 | 5118934 hootowl
hootowl's picture

The Ebonic Plague are mobic imbeciles.  Let them go to hell.  Let the facts speak for themselves.

Prosecuting this police officer to appease the Ebonic Plague is a grave injustice.

The Demoncrap governor of MO. should be impeached and removed from office for misfeasance and bias against the police officer, demanding his prosecution even in face of the evidence against such a political persecution.

Tue, 08/19/2014 - 21:23 | 5117880 steelrules
steelrules's picture

This video was just the beginning since then Obama signed the NDAA 

https://www.youtube.com/watch?v=LXfXuk6aWJc

Tue, 08/19/2014 - 22:15 | 5118074 NoelConfidence
NoelConfidence's picture

"If you want a vision of the future, imagine a boot stamping on a human face - forever." ~ George Orwell

Tue, 08/19/2014 - 22:51 | 5118248 robnume
robnume's picture

WTF? It figures that they'd rappel the Feral Reserve building. The elites are preparing for the shitstorm that's gonna hit as the economy gets worse and the police become ever more militant. Almost makes you wanna get the fuck outta here.

Wed, 08/20/2014 - 03:02 | 5118769 Jano
Jano's picture

I wish US goes bust in a racial upheaval, unrest.
US stirs up things in Ua, Iraq, Syria, Libya, Egypt, Pakistan, Afghanistan, equatorial Africa, Central Europe...
You supoprt Gipsies, very the same, like the Blacks, no work, just steal , waht they can, your NGOs advocate them, you prepare for the racial unrest wiht his stupid minority, which is quickly becoming the majority, because they have 10 children....I wish you white Americans, who gave away their country to jewish lobby, I wish you all dead for this, what you do to the whole world.

Wed, 08/20/2014 - 03:43 | 5118814 napper
napper's picture

A better question would be: Under what conditions can the US govt / CIA / other secret services or agencies engage Americans 9/11 style.

 

I can take a guess at some:

(1) starting an expensive war so that the MIC makes hundreds of billions

(2) opportunity to play geo-political game when no other country is powerful enough or resolute enough to help the other side

(3) create an excuse to pass normally unacceptable population control laws (like the "Patrict Act")

(4) maintain the petrodollar supremacy and Federal Reserve's monopoly to print USD

Wed, 08/20/2014 - 11:09 | 5119955 turnoffthewater
turnoffthewater's picture

Pay attention to the last word of the title 'primer' GL

Funny I can't up or down vote anyone. But I'm outside of CONUS. Maybe the reins are starting to tighten. Just an observation. I'll check to see if this post makes it through the rain. Cheers

Edit: Ok I'm not that bad of a guy but still can't up or down vote. Oh maybe its where I'm from. That's racisst. Damn must remember Ferguson or join.

Now where did I put that silly passaporte.

Thu, 08/21/2014 - 00:10 | 5123960 Cdn1
Cdn1's picture

Posse Comitatus was originally a law the racist south pushed through (in bargain for disputed Hayes election settlement) to get the fed army out of the Reconstruction south...so they could go back to oppressing blacks.

http://en.wikipedia.org/wiki/Posse_Comitatus_Act

Eisenhower used exception to Posse Comitatus through the Enforcement Acts  to help southern blacks with Fed troops in 1958

http://en.wikipedia.org/wiki/Enforcement_Acts

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