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Saturday, June 4, 2016

ATP 3-39.33 How To Deal With Civil Disturbance

ATP 3-39.33 How To Deal With Civil Disturbance
Ron Westernik 
The subject here is Department of the US Army Publication ATP 3-39.33, Civil Disturbance. If you want to know why our federal government is "federalizing" our state and local law enforcement organizations, and if you want to know how the federal government and under what circumstances, it will commit federal troops within the US, you need to read this document. It is interesting to note that Alan Greenspan, in an interview on Thursday with Fox News said that Venezuela is now under martial law and that “America is next.” He said that what was happening in Venezuela was inevitably going to take place in the US.
I want to take this opportunity to illustrate a few points contained in the document. See below. They deal with the use of federal forces within the US and justification for it. The whole document is a "smoking gun" of what I fear we will face in our lifetime. God help us. -- Ron

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. The following references pertain to the use of federal forces within the United States, therefore; commanders, staffs, and leaders must be familiar with, and adhere to, the parameters within them—

Insurrection Act (10 USC 333–334).

Posse Comitatus Act (18 USC 1385).

32 CFR, Part 215.

AR 381-10.

DODD 3025.18.

DODI 3025.21.

NGR 500-1.

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.

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.
The new Army manual, known as ATP 3-39.33, provides discussion and techniques about civil disturbances and crowd control operations that occur in the continental United States (CONUS) and outside the continental United States (OCONUS).

This document, published earlier this year, promises to change the way the “authorities” deal with protesters, even peaceful ones. The consequences of ATP 39.33 could prove deadly for protesters. Further, the provisions of this Army manual could prove to be the end of the First Amendment right to peaceably assemble.