By Lt. Eric N. Shine USNR – USMMRR/USMMA KP
Part 1: The New U.S. Department of War
Most people are unaware of a larger picture developing over the course of the past seven or eight decades, or somehow they are willingly choosing to ignore it. This still-developing image portrays matters requiring a greater knowledge of world history, a higher degree of self-education and a more global perspective to recognize and decipher.
Probably the most remarkable change occurring and still underway is a complete militarization of everything in the United States, if not around the world. The most disturbing sign of this breach of civilian commons today by the military, comes in the form of or the creation, or should I say recreation, as it had once been known up and until 1946, of a new or at least reinvigorated Department of War, which is no longer a “Department of Defense,” to ward off foreign invasion.
The War Department existed from 1789 until September 18, 1947, when it was renamed initially as the Department of the Army, then became part of the new, joint National Military Establishment (NME). Shortly thereafter, in 1949, the NME was finally converted to the Department of Defense. The Department of War was organized for war (offense) and not for defense. The interrelated and end result of this today, is the creation of the newly founded Department of Homeland Security, which was to be originally dubbed the Department of Homeland Defense to allow the long-standing Department of Defense to once again go on the offensive.
One of the main reasons for this change was in response to the latest batch of International Geneva Conventions from the 1940s in the wake of World War II, that outlawed offensive wars, or wars of aggression.
Fast forward to today in 2010, and all of this is being reversed, intentionally. One thing that is clear is the Geneva Conventions that came about in aftermath of two horrendous World Wars are under attack here at home and have been since at least the late 1990s. The metamorphosis now of our Department of Defense back into a Department of War somehow is one of a number of intended and directed results. Former President George W. Bush accelerated these attacks from under his administration and to the point that our own soldiers were in jeopardy of no longer being protected by these conventions. This earth-shattering change of state is irreconcilable with our Constitution or foundational system of civilian self-governance and is largely unnoticed by 97 % of our citizenry.
Integral to this, is the creation of what was originally dubbed the Department of Homeland Defense as put in effect in 2003, which was done to allow the long-standing Department of Defense to expand exponentially and once again go on the offensive. Most know it now as the Department of Homeland Security [DHS]. This was the actual splitting in two of the Department of Defense and the movement of military law, or a form of martial law into the DHS. This is coupled with outsourcing and contracting of everyday duties to a private army of support personnel to cook, clean, move, transport and do all sorts of things our military personnel used to do for themselves without any associated profit margin attached to these efforts. This has been done to grow the army basically overnight without garnering much attention.
First, to look at all of this more critically, we must jump back in time to the Nuremburg Trials and subsequent International Conventions outlawing wars of aggression by one Nation-State upon another. These International Conventions incorporated by almost all Nations maintained a level of law, order and peace, albeit imperfect, by outlawing and hoping to forever prevent what Germany had done in provoking and attacking other European countries, as well as forever entrenching all existing National and International borders that were in place at the time as well.
Wars involving Germany, World War I and World War II were not defensive wars in order to protect a Nation-State from a foreign aggressor, or repel invasion from an aggressor, but were instead aggressive wars of conquest.
One must travel back further and revisit our own Constitution, and systems of self defense designed therein, then come forward observing changes in legal and political climates, both within the U.S. and the World over the past 200 years or so to understand just how troublesome this all is. In America – home of the Free and the Brave, we are now moving backward to a time much like medieval Europe where Privy Councils and Star Chambers were employed to terrorize people and maintain a darkness that had enveloped Europe. These councils or courts were run chiefly by military forces, and not for independent judiciary, or what most would equate to military tribunals.
Fast forward once again back to the lead up to the war in Iraq and into today. Whilst thinking along these lines one cannot forget that the Gulf War in the 1980s and into the 1990s was started by the Administration of the first President Bush, George H.W. Bush.
Closer to today, and just prior to the launch of the War in Iraq on March 18th, 2003, the newly formed Department of Homeland Security (DHS) was consummated, but few to this day understand what it is or what it is intended to become or foster.
As stated, the Department of Homeland Security was originally to be called the Department of Homeland Defense. Everything lies in a name. As in much of this, the “Powers that Be” decided this might be too obvious in exposing what they were doing and someone might just ask; Do we really need two Departments of Defense? This rationale runs along the same vein of thought in naming the Iraq War’s operational name Operation Iraqi Liberation, or O.I.L. for short, doing this initially as a Freudian Slip of sorts, then naming it Operation Iraqi Freedom instead. The problem with this is that the O.I.L. acronym itself was simply a more sophisticated form of CO-INTEL PRO – a smokescreen so people would believe the wars were really only about oil. They are not.
They are about much more than just oil, but oil is a part of it. These wars are about changing the definition of politics, religion, history and yes of course, even business. This much bigger agenda has been in development for sometime now.
By creating a Department of Homeland Security in 2003, supposedly in response to 9-11, the global Military – Industrial – Banking – Religious – Congressional complex was unconstrained to finally change the Department of Defense back to a Department of War – a Department of Offense to carry out Wars of Aggression once again, as it then had a replacement for the Department of Defense in the newly founded Department of Homeland Security.
This conversion and splitting of the Department of Defense into two separate, distinct entities was to foster expansion and militarization of everything, and to seize upon all civilian jurisdictions and authorities, dong so under the Executive Branch’s Constitutional prerogative within Admiralty.
So clearly, since at least 2003 we have a Department of Defense that is actually now instead our Department of War by defect or default, seen clearly in its actions. It is now carrying on wars of aggression abroad. Plus, we have a Department of Homeland Security that is in effect and intended to become our new Department of [Homeland] Defense. The problem is that the new Department of War, although without a more official name change to date, is for carrying on wars of foreign aggression and subjugating peoples from other lands.
The new Department of Defense has been incorporated to work domestically alongside groups like Infragard, Blackwater; Triple Canopy; Integrated Coast Guard Systems; Lockheed – Martin; General Electric; Sea Launch; Fox and others – not to somehow defend us against the invading Al Queda, Arab, or Persian Navies hearkening back to Athens, but instead to carry on the same levels of oppression and even creation of civilian laws from underneath the military as imposed by a military dictatorship right here in the U.S.
President Obama is carrying on in the same vein that King George II had us on, even accelerating beyond what both Bushes carried out. Obama’s behavior and track record in the use of military tribunals is more perverse, less rational and in strong contrast to controlling Supreme Court case law on it. This has accelerated to where he is now pursing prosecution of “terrorists” down several divergent pathways.
What makes this total militarization of all that matters more obvious, is the movement of Military Law [as actually a form of martial law] out of the Department of Defense into the Department of Homeland Security. This of course, occurred under the cover of launching war in March 2003. This is much like, but much more subtle and thus more dangerous, as when Augustus under arms marched across the Rubicon in 49 B.C. and seized control of the Roman Republic with his Legionairres as military forces.
Part 2: Militarization of the Coast Guard
As explained in Part 1 of this series, the Coast Guard, Navy, Army, Joint Chiefs of Staff, the Chair of the Joint Chiefs, the civilian Secretaries of the Department of Defense, Secretary of the Navy and others including President Bush and President Obama have constructed an end run around the Constitution.
This has been carried out through use of the U.S. Coast Guard in its movement from the Department of Transportation, not to the Department of Defense, but into the newly formed, but long planned Department of Homeland Security in 2003. Doing so as if it had just come from the Department of Defense somehow. A convoluted series of legal, political, and even extra-judicial machinations have taken place over a long period of time to bring about this troubling extra-legal and unlawful coup d’état by the military-industrial complex to subjugate civilian populations to its military authority.
This means that the Coast Guard was consummated from an Agency into a self-declared Special Branch of Military – a bastard step child to the military in that, at least a portion of Homeland Security is now under not just military law, but in fact martial law. Military law is indeed, itself, a form of what is considered to be martial law. This Agency, is now clearly a rogue Agent for the military-industrial-Congressional complex, and is using the Pentagon as a conduit to carry out a silent coup. This entity remains innocently known as the U.S. Coast Guard, as portrayed by actor Ashton Kucher, in The Guardian – trying to, through propaganda play the Coast Guard off as all fuzzy and cuddly.
The Coast Guard did not move to DHS from DoD as mentioned, but instead came from Department of Transportation. It has never been in the Department of Defense. Ever!? It is not just an end run around the prohibitions placed on the military, but an end run around the Constitution and the Supreme Court.
Let me try to make it more clear by providing a bit of history.
Up until 1946 all Branches of the Military had separate and distinct Codes of Conduct, most of which conflicted with each other, some with the Constitution and other protections afforded to our Citizens even if found serving as Citizen Soldiers. In response to this, Title 10 was enacted and used to contain all various regular and Constitutional Branches of the Military therein under one system of military law or martial law.
Prior to 1946, since its inception in 1915 and to this day the Coast Guard has tried time-and-time-again to reengineer itself into an extra-Constitutional Branch of Military – one that could somehow impose itself upon, police, regulate, even decide civilian affairs and by this, make civilian laws. That means a Branch of Military or Military Organization is making civilian law by law enforcement actions, regulations, even adjudications. If you are an American, or German-American or if you have half a brain and know anything – even minimally about world history, that paragraph should make you stop and gasp.
In response to behavior by the Coast Guard up until 1946, and since becoming signatory to another round of Geneva Conventions that forbade use of military as had transpired in Germany and here in the United States as well, specifically between 1915 and 1946, our Department of War was restructured and renamed.
To prevent such wars of aggression and to be in compliance, all military authorities were to be used for defensive purposes only. The Department of War was thus converted into the Department of Defense and placed under Title 10 as created specifically for the Defense Department only. Along with this the Coast Guard and its Codes of Conduct were addressed as well due chiefly to its own behavior in trying to impose itself as an extra-Constitutional Branch of Military upon civilians.
Arguments in Congress became so heated in 1946 and 1947 that the U.S. Coast Guard Admirals under pressure from more informed Senators and Representatives finally admitted in the Congressional record that it was not a Branch of Military. Only Branches of the Military, as in the Army as covered under Article I and its branch in the Air Force as was previously the Army Air Corps, and the Navy as covered under Article II and its branch in the form of the Marine Corps, were to come under military law as in Title 10.
Part 3: UCMJ and the separation between military and civilian affairs
As we saw in part 2, the Coast Guard is acting as an extra-Constitutional Branch of Military, which is under Title 10, yet can somehow impose itself upon, police, regulate, even decide civilian affairs and by this, make civilian laws.
Only Branches of the Military, as in the Army as covered under Article I and its branch in the Air Force as was previously the Army Air Corps, and the Navy as covered under Article II and its branch in the form of the Marine Corps, were to come under military law as in Title 10.
Incorporated within Title 10 is the Uniform Code of Military Justice, which was the system of codes of conduct intended to replace any and all previous codes of conduct for all Branches of the Military.
The Uniform Code of Military Justice was given this name for several reasons.
The “uniform” portion refers, first and foremost, to the codes of conduct being only for men and women in uniform, and as to be applied to men and women in uniform by other men and women in the same uniform only; Exemplifying the Separation of Powers Doctrine and the issue of being judged by your peers, so that the Navy does the Navy, the Military [Army] does the Military [Army] and so on and so forth so each protects their own, in full knowledge that any injury to justice or abuse of process might come back and bite any of them or all of them if they do not zealously protect proper and due process.
The other intention in using the term “uniform” was so that it would be clear that it was to be applied uniformly to all Branches of military equally and no Branch would ever again have its own distinct system. That all members in all Branches of the Military would be treated the same was one of the problems that had been encountered that the UCMJ itself had been created to cure in differences between all of the codes of conduct.
Anyone who comes under Title 10 cannot be involved in civilian affairs. Period. Regardless of where they find themselves. Title 10 itself outlaws this, something that was derived from the Geneva Conventions and our own laws. You cannot come under Title 10 for any purposes whatsoever, and then simply ignore the most important section of Title 10 prohibiting anyone who comes under Title 10 from getting involved in civilian affairs in any way, shape or form. This was also derived from our system of laws that stemmed from England. In fact, Supreme Court Justice Hugo Black went all the way back to the Magna Carta from 1215 a.d. in the decision in Reid vs. Covert, U.S. Sup. Ct. 357 1957 that declared military tribunals of civilians to be un-Constitutional.
Title 10 also addressed matters that came up in our Civil War in using the Military internally on our own people for police or regulatory functions. In response to this, case law like Ex Parte Milligan was eventually heard by the Supreme Court and laws like the Posse Comitatus Act were passed by Congress. Due chiefly to the North using the Military internally upon the South as a police and regulatory body during Reconstruction. We are in a “Civil War” again, and just like in that War and as in Reconstruction thereafter, the Powers That Be within the U.S. Government representing the Corporations are again trying to use the Military to impose their wishes and ideology upon American Citizens. This is one reason why Health [Care] Insurance Reform is being pushed while under a form of military dictatorship. Like it or not. That is history.
Title 10 reinforces a bright line of separation between our military and civilian affairs. Much along the lines of what the Romans as a Republic had set out to prevent such as what Augustus did in 49 B.C. in placing civilians under military rule and command. In Roman law, both common law and statutory law, a Legionnaire was to be put to death for violating these precepts and for even entering in any way into civilian affairs or public commons. This was how serious the Romans took this as they knew the encroachment of the military into civilian affairs was the death knell for any Free Republic. That encroachment by the military was means of enslavement and dictatorship.
Plus, all Constitutional Military Forces, like our Article I Military, or Article II Navy, along with respective Branches that were placed into the Department of Defense all come exclusively under Title 10. This included the Army, Navy, Air Force, and Marines, but not the Coast Guard and for good reason and measure. The Coast Guard was placed under Title 14, and for its internal and remedial Codes of Conduct this civilian law enforcement Agency was placed under Title 5 and not the Uniform Code of Military Justice or Title 10. International Conventions from 1946 were crafted into all these laws.
Part 4: Propaganda and Obfuscation
In preparation for the Coast Guard’s move to Homeland Security executed in 2003, some forces that were involved who stood to profit enormously from changes started publishing propaganda in this regard. One of the most notable is an article by Bonnie Baker about Posse Comitatus and the Coast Guard, yet still reveals a good bit of truth in it. All really good propaganda always does, and then twists in the end, only to eventually leave us all twisting forever in winds of change.
The Coast Guard was not moved into or under the Department of Defense. It was never under the Department of War. It is not a Branch of Military and never has been. It did not branch off of the Navy nor the Army, which are the only two Constitutional forms of military we have. Yet, the Coast Guard has been trying to claim its position as a Branch of Military ever since its inception in 1915.
In fact, and in response to what it had been doing in acting as if it were a Branch of Military and using its pseudo self-made Military Codes from 1915 to 1945 to impose itself upon civilians, it was placed under Title 14 outside of the Department of Defense in the Department of Commerce at this point in time. It was clearly defined as a Federal Maritime Police and Law Enforcement Agency. Not any sort of a Branch of Military of any kind. When its members, who were and still are intended to be Civil Service employees, come under Title 14 they are governed by Title 5 or the Administrative Procedure Act as internal and only remedial civil service law, not the UCMJ.
Several things come into play here though that intentionally, by design, confuse and confound the matters at hand. First, the Coast Guard is often drawn on in times of National Emergency to help fulfill any surge requirements and move Coast Guard personnel as needed right into the Department of the Navy under the Department of Defense. This is accomplished by placing each and all personnel who are transferred into the Navy from the Coast Guard under and on Title 10 Executive Orders. When this occurs these individuals lose any and all police or regulatory powers.
The other time the Coast Guard’s Civil Service employees deal with the Navy is when they are needed to be used as Boarding Parties, or a Civilian Law Enforcement Agency of civilian personnel when dealing with any civilians encountered by the Navy – such as in drug enforcement maneuvers or in rescuing Cuban refugees on the high seas. In these instances the Coast Guard remains under Title 14 and does not come under Title 10 so as to protect the U.S. Navy from becoming involved in civilian affairs as outlined in the Posse Comitatus Act of 1878 as incorporated into Title 5, Title 10, and Title 18.
The only time any Coast Guard personnel are to come under Title 10 is when they are moved into the Department of Defense under the Department of the Navy and become active duty Naval personnel and thus must shed any and all police and regulatory powers.
While under Title 14, the Coast Guard cannot come under Title 10. If ever found under Title 10 by transfer it cannot remain or be under Title 14. They are like oil and water and they don’t mix. The Coast Guard does not come under Title 10 ever, as it cannot be a Law enforcement Agency, or Federal Maritime Police Force and be governed by Title 10 and the UCMJ, which is military law or martial law that is to be contained within the Department of Defense and only used for Regular Branches of the Military.
Only Branches of Military, as in the Army as covered under Article I and its branch in the Air Force [previously Army Air Corps], and Navy as covered under Article II and its branch in the form of the Marine Corps are to come under military law as in Title 10. Exclusively. Specifically. That’s it. No body else.
Moving any portion of Title 10, or military law, out of the Department of Defense is like moving a portion of the military as in personnel or hardware itself, out of the Department of Defense and into some other Agency. This is in strict contrast to the very strong prohibitions in what is being attempted by using the Coast Guard as a Special Branch of Military to administer civilian affairs somehow.
Doing this would be akin to using the Air force, especially and even after 9-11 when it might have seen as more necessary, possibly, to take over public air traffic, both Private and Commercial and place all under the thumb of the Air Force or Military. This did not happen even though 9-11 involved planes, regardless of what versions of the events you wish to believe. Better yet, or more exemplary would be as if the Army took over all our State DMVs.
This has already happened with the Coast Guard that now owns and controls the National Driver Registry in response to the incident onboard and involving the Exxon Valdez and Captain Joseph Hazelwood. Coast Guard and former Commandant Admiral Loy who now works for Lockheed – Martin is also using this Registry to work on the new Bio-Metric National I.D. Cards for private enterprise and military federal contractors like Lockheed – Martin that are precursors to the new National I.D..
The Coast Guard as a self-declared Special Branch of Military is licensing civilians as well. It is also registering or documenting civilian vessels much like our State DMVs are supposed to be doing with the revenues reverting of course to the States. Not anymore. The Coast Guard is also taxing and fining civilians, as well as trying civilians in what are clearly military tribunals and more.
It would be bad enough, and still un-Constitutional if the Coast Guard was still just a Federal Maritime Police Force carrying on its own trials. This would be like State Troopers or the Highway Patrol carrying on their own show trials.
The Coast Guard, and Navy, and Army and Joint Chiefs of Staff, and the Chair of the Joint Chiefs, and the civilian Secretaries of the Department of Defense, and Secretary of the Navy and others including President Bush and President Obama have constructed this end run around the Constitution.
A more clear international example in what the Coast Guard is attempting?
It’s worse than Tianemen Square in China.
We don’t do that here. We are supposed to chastise all those who do.
Problem is, the Coast Guard has now voluntarily taken on the use of Title10 and the UCMJ now for internal purposes somehow, whilst remaining under Title 14 and doing so since it moved into the newfound Department of Homeland Security. It is controlled internally by martial law, but acting externally as a Civil Service Federal Police. The Coast Guard has forever married military or martial law with civilian law enforcement under admiralty.
© 2010 Lt. Eric N. Shine USNR – USMMRR/ USMMA KP
By Lt. Eric N. Shine USNR – USMMRR/USMMA KP