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Name:   MAJ USA RET - Email Member
Subject:   Police, the Guard, and Troops
Date:   6/6/2020 9:53:50 AM

 

Perhaps it is helpful to clarify some concepts:

Law abiding citizens will not be targeted for suppression by National Guard or American Troops. Protesting (peacefully) is legal.

Rioting, looting, assault and battery, obstructing the flow of traffic, arson, and verbally and physically abusing law enforcement officers is ILLEGAL (criminal behavior).

American citizens (rightfully) look to the government for protection from criminals. Law enforcement officers should not have to endure attack and abuse. If civil law enforcement officers are not empowered by your mayor to protect you, the governor of your state has the authority to call in your state’s national guard. If your governor cannot or will not empower his police or national guard. Who should you look to for protection?

You have three choices:

  • Federal law enforcement agencies
  • U. S. Troops (a stretch, but possible under Insurrection Act of 1807)
  • Yourself (2nd Amendment, and e.g. State v. Hull [Wash. Ct. App. Dec. 18, 2014])

* * * * *

If you are not involved in a criminal act you should not fear law enforcement. If your opinion about the criminality of your actions differs with that of a law enforcement officer, comply with his or her orders and file a grievance with his chief (or commander). Hopefully, you will be on camera. Law enforcement officers tend to avoid escalating trivial issues (few people choose to do things the hard way over the easy way).

ANY law enforcement officer who tends to escalate situations must be either retrained or culled from the force (mandatorily on the 2nd offense). Anybody can be having a “bad day”, That’s why law enforcement officers have a partner or partners.

If you fail to comply with directives of a law enforcement officer, that officer has the power to arrest and (if necessary) restrain you. It is WORK to put a person under restraint. It is ARDUOUS, TIRING, AND DANGEROUS to restrain someone who is physically resisting arrest and is often bigger than the law enforcement officer… and quite possibly armed.

IMMEDIATELY after a criminal is a restrained, ALL aggressive actions upon that person by law enforcement officers MUST CEASE. The criminal then becomes a transport problem. Sometimes, the application of physical restraints allows law enforcement officers to elicit useful information from the apprehended (as opposed to filth laced invective).

My last truth: No American guardsman or serviceman would be amenable to, or cooperate with, any orders to use force on a LAWFULLY acting citizen. Please refer to the UCMJ for the definition of “lawful order.”

The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.









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