What is the true significance of HHS Janet Napolitano declaring a “Public Health Emergency”? What power does Obama now have?
What is the significance of her down-playing the “act”?… Follow a little time-line of “Public Health Emergency” and the “POWERS” that POTUS has claimed…
US declares public health emergency for swine flu – AP
Sun April 26, 2009WASHINGTON – The U.S. declared a public health emergency Sunday to deal with the emerging
new swine flu, much like the government does to prepare for approaching hurricanes.
“As we continue to look for cases, we are going to see a broader spectrum of disease,” predicted Dr. Richard Besser, acting chief of the Centers for Disease Control and Prevention. “We’re going to see more severe disease in this country.”
Top among those is declaring the public health emergency. As part of that, Napolitano said roughly 12 million doses of the drug Tamiflu will be moved from a federal stockpile to places where states can quickly get their share if they decide they need it. Priority will be given to the five states with known cases so far: California, Texas, New York, Ohio and Kansas.
Napolitano called the emergency declaration standard operating procedure — one was declared recently for the inauguration and for flooding. She urged people to think of it as a “declaration of emergency preparedness.”
“Really that’s what we’re doing right now. We’re preparing in an environment where we really don’t know ultimately what the size of seriousness of this outbreak is going to be.”
US declares public health emergency for swine flu.
Let’s start with a Press Conference Bush held on October 4, 2005…
Tuesday, October 4, 2005
A (Partial) transcript of the Oct. 4 presidential press conference is below:
QUESTION: Mr. President, you’ve been thinking a lot about pandemic flu and the risks in the United States if that should occur.And is that one of the reasons you’re interested in the idea of using defense assets to respond to something as broad and long-lasting as a flu might be?
BUSH: Yes. Thank you for the question.
One example: If we had an outbreak somewhere in the United States, do we not then quarantine that part of the country? And how do you, then, enforce a quarantine?
It’s one thing to shut down airplanes. It’s another thing to prevent people from coming in to get exposed to the avian flu.
BUSH: And who best to be able to effect a quarantine?
One option is the use of a military that’s able to plan and move. So that’s why I put it on the table. I think it’s an important debate for Congress to have.
… vest the capacity of the president to move beyond that debate. And one such catastrophe or one such challenge could be an avian flu outbreak.
… two, reporting — rapid reporting to WHO, so that we can deal with a potential pandemic.
… That’s when it gets dangerous: when it goes bird, person, person.
Thirdly, the development of a vaccine.BUSH: I’ve spent time with Tony Fauci on the subject.
… I think the president ought to have all options on the table to understand what the consequences are — all assets on the table, not options — assets on the table to be able to deal with something this significant.
Transcript of President Bush’s Press Conference.
So what did Bush do next?
Some reporting by Frank Morales on the details of what happened in 2006 with an unprecedented move of power…
Toward Freedom - Bush Moves Toward Martial Law
Written by Frank Morales
Thursday, 26 October 2006
In a stealth maneuver, President Bush has signed into law a provision which revises the Insurrection Act, a set of laws that limits the President’s ability to deploy troops within the United States. The Insurrection Act (10 U.S.C.331 -335) has historically, along with the PosseComitatus Act (18 U.S.C.1385), helped to enforce strict prohibitions on military involvement in domestic law enforcement. With one cloaked swipe of his pen, Bush is seeking to undo those prohibitions.
Public Law 109-364, or the “John Warner Defense Authorization Act of 2007″ (H.R.5122), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a “public emergency” and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to “suppress public disorder.”
President Bush seized this unprecedented power on the very same day that he signed the equally odious Military Commissions Act of 2006. In a sense, the two laws complement one another. One allows for torture and detention abroad, while the other seeks to enforce acquiescence at home, preparing to order the military onto the streets of America. Remember, the term for putting an area under military law enforcement control is precise; the term is “martial law.”
Section 1076 of the massive Authorization Act, which grants the Pentagon another $500-plus-billion for its ill-advised adventures, is entitled, “Use of the Armed Forces in Major Public Emergencies.” Section 333, “Major public emergencies; interference with State and Federal law” states that “the President may employ the armed forces, including the National Guard in Federal service, to 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 domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of (“refuse” or “fail” in) maintaining public order, “in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.”
The law also facilitates militarized police round-ups and detention of protesters, so called “illegal aliens,” “potential terrorists” and other “undesirables” for detention in facilities already contracted for and under construction by Halliburton.
Sen. Patrick Leahy entered into the Congressional Record that he had “grave reservations about certain provisions of the fiscal Year 2007 Defense Authorization Bill Conference Report,” the language of which, he said, “subverts solid, longstanding posse comitatus statutes that limit the military’s involvement in law enforcement, thereby making it easier for the President to declare martial law.” This had been “slipped in,” Leahy said, “as a rider with little study,” while “other congressional committees with jurisdiction over these matters had no chance to comment, let alone hold hearings on, these proposals.”
Title XIV of the new law, entitled, “Homeland Defense Technology Transfer Legislative Provisions,” authorizes “the Secretary of Defense to create a Homeland Defense Technology Transfer Consortium to improve the effectiveness of the Department of Defense (DOD) processes for identifying and deploying relevant DOD technology to federal, State, and local first responders.”
Toward Freedom – Bush Moves Toward Martial Law.
To Be CLEAR… The “National Defense Authorization Act” gives POTUS power to enact Martial Law and Control Civilians when a “Public Health Emergency” is declared…
There’s also National Security Presidential Directive 51. Which is mentioned in the next article…So, the question is… “Where are we today?… Has anything come of this military vision of President Bush? Fast Forward to October 2008! (You may not remember what is spoken of here because of the “Financial Crisis” of Sept 15 – 18)
Assigning U.S. Troops to U.S. Soil and Other Presidential Power Grabs
Home Utne Daily Utne Blogs 10/13/2008
by Chelsey Perkins
At the beginning of this month, something quite extraordinary occurred in the United States, something that—despite its clearly controversial nature—went almost entirely unaddressedby mainstream media outlets. On October 1, the U.S. military assigned the 1st Brigade Combat Team of the 3rd Infantry Division to the United States Northern Command (NORTHCOM). This means that U.S. soldiers will be operating on U.S. soil, seemingly in direct contradiction of federal law.
The Army Times broke the story early in September, reporting that the unit “may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack….” Since the story ran, NORTHCOM officials have backed off from the “crowd control” and “civil unrest” purposes.
The Posse Comitatus Act, passed in 1878 following Reconstruction, prohibits federal military personnel from acting in a law enforcement capacity in the United States, except if authorized by constitutional amendment or Congress. Also important to note is the Insurrection Act of 1807, which authorizes the president to deploy federal troops to quell lawlessness, insurrection, or rebellion, yet seriously limits his powers by indicating that a state government must first request assistance.
In 2007, Congress amended the act to include the authority to deploy troops in the instances of a natural disaster, epidemic, public health emergency, terrorist attack, or “other condition”—a vague phrase leaving open the possibility of wide-ranging interpretation. Although Congress repealed the amendment via the 2008 National Defense Authorization Act, President Bush attached a signing statement essentially claiming his constitutional authority would allow him to act as he saw fit.
There’s also National Security Presidential Directive 51, an executive order issued in May 2007 that defines the president’s unilateral authority to maintain continuity of the government in the instance of a “catastrophic emergency.” In the directive, a “catastrophic emergency” is defined as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government function.”
Assigning U.S. Troops to U.S. Soil and Other Presidential Power Grabs.
Therefore, the following action that occurred on April 26, 2009 is a VERY BIG DEAL any way you choose to look at it and certainly not “Just” S.O.P.
U.S. Department of Health & Human Services
HHS.govDetermination that a Public Health Emergency Exists
As a consequence of confirmed cases of Swine Influenza A (swH1N1) in California, Texas, Kansas, and New York, on this date and after consultation with public health officials as necessary, I, Charles E. Johnson, Acting Secretary of the U.S. Department of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, 42 U.S.C. § 247d, do hereby determine that a public health emergency exists nationwide involving Swine Influenza A that affects or has significant potential to affect national security.April 26,2009
/s/
Acting HHS Secretary Charles E. Johnson
Determination that a Public Health Emergency Exists.
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Insurrection Act – Google News
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