Leahy says Bush overturned Posse Comitatus, a power grab.

[madfloridian]

He is challenging Bush over control of the National Guard.

Bush Challenged Over National Guard Control

A little-noticed piece of last year's huge federal Defense budget bill is causing another confrontation between Senator Leahy and President Bush. The issue is who controls the National Guard in times of national emergency. It's a question that tests the balance of power between the states -- and the federal government.

Each state's National Guard is under the ultimate control of the governor, who serves as the Guard's commander in chief. In the winter of 1998, governor Howard Dean called up the Vermont Guard to assist with the big ice storm. Just this last winter, governor Douglas ordered over a hundred guard members into action to help prepare for possible flooding. When Guard units are called up for overseas deployments, their command transfers from the states to the federal government. The president becomes the Guard's commander in chief, just like the regular armed forces. But overseas deployments are not the issue here.

What's being contested is how easily can the president call up Guard units for domestic emergencies, such as Hurricane Katrina. Authorities agree that Katrina justified the Guard call-ups. But under the two century-old Insurrection Act, only a large scale domestic emergency qualifies. And the 19th century Posse Comitatus act further barred the use of the military as a domestic police force.

...."Senator Patrick Leahy says that concept was turned upside down when the Bush administration slipped in a much broader use of the military into the defense bill, such as deployments on the Mexican border. "It did overturn Posse Comitatus," Leahy said. "It broke down what I call tension, a very appropriate tension, between the states and the federal government. It basically said the states don't exist."

Leahy goes on to call it a power grab, and he says it is giving too much power to the White House.

[Swamp Rat]

1. Go get 'em Leahy!!!!

[ellenfl]

2. they just get scarier and scarier. k&r eom

[rodeodance]

3. i just do not understand why Senators do not things are slipped in!

[ThomWV]

13. This is the most important comment on this subject

How can a high ranking Democrat - even though he is refering to legislation enacted while a Republican Congress was in charge- say that anything was ever slipped into any bill? No vote should ever be cast by any Representative or Senator for any bill or amendment to any bill that they have not read. Further no bill should exist that does not footnote somewhere who its author is; who wrote it and who edited it.

[stellanoir]

4. It totally did.

Ever since I saw the photo from early '03 of the humvee in Baghdad with the sign on the windshield that read "One weekend a week. . .My Butt," I thought. "OMG these guys signed up to haul sandbags in natural disasters, and not to participate in illegal invasions and endless occupations."

This "misadministration" that has prided itself on national security has crippled ours indefinitely.

It's truly sickening.

[madfloridian]

5. Leahy says the legislation will pass. Will withstand veto.

From the article:

"Leahy says all fifty states agree, and his legislation putting control of the Guard back where it was will pass Congress, -- and withstand any presidential veto, if it should come to that."

[bonito]

6. K&R n/t

[madfloridian]

7. More of Leahy's comments on the subject.....Mentions Blanco and Katrina

"Senator Patrick Leahy (D-VT) spoke out vehemently against the provision, as part of an overall defense of the National Guard as a body, which is best employed locally, by the Governor of the state in which the Guard is stationed, and not siphoned off as an auxiliary national force by the White House and Pentagon. Below are two quotes from his statements on September 29, 2006 in the Senate. You can also read his complete statement here.

"It also should concern us all that the conference agreement includes language that subvert solid, longstanding posse comitatus statutes that limit the military's involvement in law enforcement, thereby making it easier for the President to declare martial law. There is good reason for the constructive friction in existing law when it comes to martial law declarations..."

"Also, it seems the changes to the Insurrection Act have survived the conference because the Pentagon and the White House want it. It is easy to see the attempts of the President and his advisors to avoid the debacle involving the National Guard after Hurricane Katrina, when Governor Blanco of Louisiana would not give control of the National Guard over to President and the Federal chain of command. Governor Blanco rightfully insisted that she be closely consulted and remain largely in control of the military forces operating in the State during that emergency. This infuriated the White House, and now they are looking for some automatic triggers--natural disasters, terrorist attacks, or a disease epidemic--to avoid having to consult with the Governors."

http://www.opednews.com/articles/opedne_timothy__070611_our_coming_national_.htm

[aquart]

8. I suggest happy hints of how much Hillary will love it.

If that doesn't get them to remove it, nothing will.

[diane in sf]

10. This assumes of course that the pugs are planning on leaving after the 08 elections

or indeed allowing them to happen.

[aquart]

18. Thieves leave when they're finished looting.

This nation is tapped out.

[caligirl]

9. This with cong Olvers comments KPete posted yesterday are disturbing

Cong. Olver, in a meeting July 3rd with constituents re: HR333, said Bush would attack Iran and cancel 08 elections. The chiefs of the military won't put up with him doing this I hope.

[wakeme2008]

11. Bush IMHO fucked up using this to send NG from outside of Texas to Texas

to guard the borders. He is using them to be his National Police Force and the Governors do not like it even the Repugs Gov.

[malaise]

12. About time

I've been waiting for this to be challegned for ages. Come on Governors - back up Leahy!

[formercia]

14. me too

the fact it was left in the bill is one of the major reasons I felt Congress had been subverted.

I don't buy the argument that they didn't see this coming. People were screaming bloody murder.

[KharmaTrain]

15. Perparing Another Coffin Nail...

The difference between being in the minority and the majority. And, dare I say, it was Libermann's vote for Harry Reid that made this happen (i know, i know...but it's true).

Until last January, Leahey and Conyers were shut out on getting answers or doing any investigation of the many criminal activities they, and the rest of us, have been hearing and reading about. The problem was so widespread and the process requires 500 dance steps before the train really gets rolling...but rolling now it is.

The "Unitary" Executive concept is headed for the courts and a showdown with the Constitution. Along the way the specific incidents of criminality and criminals will be documented and, hopefully, prosecuted. But it's now just a work in progress...just like how the detectives need to find more solid evidence before they can pounce.

It is a power grab and the more this regime tries to obstruct and stonewall, the worse the ultimate verdict will be for them.

[malaise]

16. Agreed 100%

[madfloridian]

17. A kick for Leahy.

He's great.

[slampoet]

19. That Happened two years ago and you are just waking up to it?

Hell, this was being diluted as far back as 1988 in the drug war.


Where has Leahy been?