Tag Archives: Martial law

Research Meet Reality

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In Attack on Freedom, which began to take shape in 2013, I explored the possibility of the United States experiencing a military coup. Looking at the Presidential Succession Act which governs who becomes president if the current office holder resigns, dies, or is removed from office—impeached, it became clear that the United States under the current system was indeed at risk for a military coup. It could occur by assassination of key people and/or by a declaration of a “State of Emergency” by the president thus thrusting the United States under military control. It was on this premise that I wrote the thriller, Attack on Freedom.

One of the lesser-known facts about the United States government is that the president can declare a “State of Emergency” (#MartialLaw) nationally in the event of war or large scale terrorist attacks or locally as in the wake of Hurricane Katrina. President George W. Bush Expanded Martial Law Authority on September 29, 2006, when he signed the John Warner National Defense Authorization Act (NDAA).The law expanded the president’s authority to declare Martial Law under revisions of the Insurrection Act and gave the president the power to take charge of National Guard troops without state governor authorization.

In 2017, the NDAA remains in force with a provision that allows the military to detain United States citizens without cause and without due process for an indefinite period of time. This type of power was exercised against Japanese-Americans in 1943 when the Supreme Court upheld a race specific curfew. In 1944 the Court justified the random internment—imprisonment—of more than 110,000 Japanese-American citizens with the subsequent forced loss of their homes and businesses for which they were never monetarily compensated.

During Trump’s first couple of weeks in office, he threatened the city of Chicago with Martial Law for nothing more than Mayor Rahm Emanuel of Chicago calling him out. “You didn’t get elected to debate crowd size at your inaugural. You got elected to make sure people have a job, that the economy continues to grow, people have security as it relates to their children’s education. It wasn’t about your crowd size. It was about their lives and their jobs.” (NOTE: Trump claimed that Chicago was experiencing violent “carnage”. Looking up FBI Statistics as well as several independent city violence ratings, Chicago did not make the list of Top 25 most violent cities.)

However, with such whimsy by the president, a city, a state, or the entire country could be declared in a “State of Emergency” (under Martial Law) which would replace civilian authority with military authority.

What would occur is this:
–The suspension of the #Constitution, probably starting with the First Amendment. The #FirstAmendment guarantees the citizens of the United States the right to worship as they choose, the right to peacefully protest, the right to freedom of speech and freedom of the press.
–Confiscation of #firearms
–Suspension of Habeas corpus: imprisonment without due process and without a trial
–Travel restrictions, including road closures and perhaps even quarantine zones
–Mandatory curfews and Mandatory identification
–Automatic search and seizures without a warrant

Martial law has been used in the United States during political protests, labor strikes, and any other unrest deemed a “State of Emergency” by either state or national government. Currently, we have seen some of these indicators with Trump’s Muslim Ban and detainment of lawful citizens of the United States on the soil of the United States (ie: travel restrictions for a specific segment of society), suspension of Habeas Corpus during protests when protesters were detained without access to attorneys.

One of my beta readers told me that this book disturbed her because the scenario “could so easily occur”. Attack on Freedom is eerily echoing many events happening in our country at the present time. As the Americans in my novel discover, freedom isn’t free and everyone has to be united and must take action to secure freedom for all of us. If one person is not free, then no one is free.

Get your copy of Attack on Freedom NOW! https://www.amazon.com/Attack-Freedom-Aya-Walksfar-ebook/dp/B01N5WU1LE

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