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Monday, December 10, 2012

Definition of Military Rule

If some may be interested, I would like to share this information which is relevant to Sec. 1021 of the 2012 NDAA. Here is a good summation of military rule at this link.
 
As stated within:
“Martial law [in the sense we are using it] is more accurately described as martial rule, which obtain in a domestic community when the military authority carries on the government, or at least some of its functions. Martial rule may exist de facto; the term is noncommittal as to its legality.”(6) (Emphasis added)
Sec. 1021 of the 2012 NDAA established this de facto martial rule or martial law by prescribing military detention and and disposition under the law of war, i.e., military commissions, with no exclusion for U.S. citizens. While it is arguable whether martial rule was necessary in the past as it was sometimes applied, such as removing Japanese American from the west coast in WW II or suppressing free speech in the Civil War, there certainly is no military necessity for it today, except the one manufactured on the Senate floor in the fevered minds of Joe Lieberman, John McCain, and Lindsey Graham.

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