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I posted some of this yesterday but I have expanded on it.
Let me know if I’m on to something.
Green text is Q drops.
>Under what article can the President impose MI take over investigations for the 3 letter agencies?
Article 32 of the Uniform Code of Military Justice (Section 832 of Title 10, United States Code)
http:// www.usmilitarylawyer.com/military-article-32-investigations.asp
>What conditions must present itself? Why is this so VERY important? Who surrounds POTUS?
There are several ways that I think the Military can replace the 3 letter agencies
10 U.S. Code § 802 - Art. 2. Persons subject to this chapter
(Uniform Code of Military Justice)
''(a) The following persons are subject to this chapter:…
(10) In time of declared war or a contingency operation , persons serving with or accompanying an armed force in the field.''
contingency operation
(13)The term “contingency operation” means a military operation that— (A)is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (B)results in the call or order to, or retention on, active duty of members of the uniformed services undersection 712 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
34 U.S. Code § 12601 - Cause of action
''(a) Unlawful conduct
It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
(b) Civil action by Attorney General
Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1)?[1] has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice''
This allows the AG to files civil charges against agents of law enforcement agencies.''
Public Law 107 - 40 - Authorization for Use of Military Force
''The terrorist attacks of September 2001 created new complications for the separation of powers within the war powers sphere. After September 11, the United States Congress passed the Authorization for Use of Military Force against Terrorists (AUMF). While the AUMF did not officially declare war, the legislation provided the President with more authority upon which to exercise his constitutional powers as Commander in Chief. As the U.S. Supreme Court explained in Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) Presidential Commander in Chief powers increase when Congressional intent supports the actions taken by the Commander in Chief. The AUMF served as that expression of Congressional intent.
AUMF authorizes the President to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided in the Sept. 11 attacks."
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a)IN GENERAL. That the President is authorized to use all
necessary and appropriate force against those nations, organizations,
or persons he determines planned, authorized, committed,
or aided the terrorist attacks that occurred on September 11, 2001,
or harbored such organizations or persons, in order to prevent
any future acts of international terrorism against the United States
by such nations, organizations or persons.''
https:// www.congress.gov/107/plaws/publ40/PLAW-107publ40.pdf
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Insurrection Act
''ß 333. Major public emergencies; interference with State and Federal law
(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.–
(1) The President , by using the militia ormay employ the armed forces , or both, or by any other means, shall take such measures as he considers necessary to, including the National Guard in Federal service, to–
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that–
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if it– such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that–
(1) (A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2)(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.''
Interesting tidbit I found:
Though the Supreme Court decided in Coker v. Georgia and Kennedy v. Louisiana that the death penalty was not allowed in cases of adult or child rape, the military court has no such provisions and the death penalty is allowed in both situations.