House committee advances bill giving domestic police powers to National Guard

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[post_thumbnail]Rep. Brandon Hixon, R-Caldwell, says the bill expanding the role of the National Guard into domestic police matters establishes parameters for use of the Guard.

The House Transportation and Defense Committee, on a voice vote, has approved legislation that would significantly broaden the role of the Idaho National Guard. House Bill 367 seeks to amend existing law to allow for circumstances when the Idaho National Guard and the Idaho Military Division could be utilized as a state law enforcement agency.

“There seemed to be no major opposition to this bill,” commented Rep. Linden Bateman, R-Idaho Falls. “It seems like a good idea to me and I supported it.”

The bill also seeks to formalize what is known as the Idaho National Guard Counter Drug Support Program by declaring that it may “assist federal and state law enforcement agencies in interdicting the importation of controlled substances into this state.”

Additionally, the bill declares that the military unit will be “deemed a state law enforcement agency for the purpose of participating in the sharing of property seized or forfeited and receive property and revenues.”

When reached for comment about the new legislation, Monica Hopkins of the Idaho chapter of the American Civil Liberties Union noted that “I think there should be growing concern among citizens at the militarization of our police forces. We have seen communities where federal dollars are going toward the use of tanks and other military weaponry. American citizens should be concerned at the growing militarization of local government power.”

Similarly, Wayne Hoffman of the Idaho Freedom Foundation added that “every Idahoan should be alarmed by the continued use of the military for law enforcement purposes. That is not what the military is for, that is not what the National Guard is for. Yet we’re continuing to see our military deployed for law enforcement purposes or military equipment used for everyday law enforcement purposes. It is a very frightening trend.”

Rep. Brandon Hixon, R-Caldwell, a member of the committee, told IdahoReporter.com that “there are certain parameters set with this bill that make sense for the National Guard’s collaboration with law enforcement.” Hixon said that under the provisions of the bill, the National Guard would be used only in drug crimes and what he referred to as “related lawful property seizures.”

The distinctions between military power and domestic law enforcement power have a long and varied history. The Posse Comitatus Act, passed by the U.S. Congress and signed into law by President Rutherford B. Hayes in 1878, sought to limit the power of the federal government to use military personnel for domestic purposes although state National Guard units are generally regarded as exempt from the law.

Rep. Joe Palmer, R-Meridian, chair of the committee, told IdahoReporter.com that the new legislation will be beneficial to the Idaho National Guard’s budget. He added that Gov. Butch Otter has read the proposal and approves of it.

Note: IdahoReporter.com is published by the Idaho Freedom Foundation.

Comments

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41 Comments

  1. Wayne Harper

    MY GOD!!!!!!!!!!!! Tell me this isn’t true. These idiots have just expanded “THE POLICE STATE” now when there is a 911 for officer in trouble, the local police, the sheriff dept, the ID Stat police, and now the National Guard. Instead of 20 idiots running around trying not to shoot each other there will be 50 idiots running around trying not to shoot each other. This is incredibly stupid .. but then what the hell do we expect from politicians that don’t ever believe in smaller government, less taxes, and individual freedoms to live our lives the way we want.

  2. Mike

    Some times people you put in charge do not think before they speak. This bill will move us closer to martial law. When you use our law enforcement personal properly they do not need the national guard.

  3. Mike

    Some times people you put in charge do not think before they speak. This bill will move us closer to martial law. When you use our law enforcement personnel properly, we do not need the National Guard.

  4. john attarian

    There are already enough laws justifying the national guard and federal military murdering civilians.

    We don’t need any more.

    The following is my evidence.

    Beginning with the constitution, article 1 section 8 states that two of military’s functions are to provide domestic law enforcement and to quell insurrections.

    To clarify the constitutional clause, the following laws have been drafted to further describe the military’s role when it acts against the citizens:

    DoD Instruction 3025.12 Defense Support of Civilian Law Enforcement Agencies (2013)

    The National Defense Authorization Act for Fiscal Year 2012 Section 1021(b)(2)

    FM 3-39.40 Internment and Resettlement Operations (2010)

    FM 3-19.15 Civil Disturbance Operations (2005)

    USC, Title 10, Subtitle A, Part I, Chapter 15, Section 332 Use of Militia and Armed Forces to Enforce Federal Authority

    USC, Title 10, Subtitle A, Part I, Chapter 15, Section 333 Interference with State and Federal Law

    USC, Title 18, Part I, Chapter 67, Section 1385 Use of Army and Air Force as a Posse Comitatus

    The military has already been used against the citizens in: the Whiskey Rebellion, detention of tens of thousands of war dissenters and journalists in Fort Lafayette during the Civil War, the actions of MacArthur in Washington D.C. in quelling a protest, detention of citizens of Japanese ancestry during WWII, Kent State, Waco, and gun confiscation in New Orleans to name a few.

  5. Mike

    Oh hell no! Write your reps! This is completely wrong. My kid is in the guard and no way do they want this either. Tell these jackweasels this ain’t happening!

  6. Christian Schwab

    This drug war is getting ridiculous. Military should not be used domestically… These legislators need to leave.

  7. Jenn

    Part of the expansion of the WAR ON DRUGS. Write your Federal House Representative and other elected officials to reject Senate Bill 744 written by Deacon of the Hill Charles Schumer of NY. http://WWW.HOUSE.GOV

  8. Michon

    This is being propped up as a “counter drug” issue, but it ISN’T!
    We can’t let this happen, it is only expanding the police state problem! Contact your Rep’s asap!

  9. JACK STUART

    This is another step towards a police state. Posse Comitatis is a federal law, which the states should not violate. Property forfeiture gives law enforcement too much incentive to seize property.

  10. Sheila Ford

    The “dc” government must be confined to BORDER SECURITY (which they are not doing), and defense against foreign attack. We must not put our law enforcement personnel in the position of opposing the Citizens they are sworn to protect.
    When the government is at odds with the Citizens, it is the government that must be put in its place, not the people.

  11. Jim S Smith

    This is a most-alarming development, yet not a singular one. This is being seen across the nation much in the same vein as we have seen in the history of the recent century. The National Guard were NEVER originally intended for domestic law-enforcement activities. They were intended to help with humanitarian activities where in times natural disasters and similar, they were an important part of the delivery of relief supplies, medical support, and many other important and often life-saving acts.

    THIS action strikes against many of the things and ideas that originally made this country, and this fine state, such wonderful places to call home. This is unconscionably BAD POLICY and should seriously be reconsidered before the ramifications become woefully evident! This represents an ever-growing trend of the increase in the state’s power at the expense of the true security AND liberty of the free people.

    This should be a serious consideration, especially come “election day”, that grants closer scrutiny on HOW the state does the people’s business.

    - Jim.

  12. b

    As a member of the National Guard this worries me. We do not train to deal with civilians but to engage, close in, and kill the enemy. If the military is involved domestically we will have another “Kent State” incident

  13. Johnny Olson

    Write to and/or call your own legislators and call Linden Bateman’s office. That idiot says that there seems to be no opposition, let him know otherwise. (208) 332-1073

  14. Danielle Ahrens

    This bill causes an expansion of the police state. The Military is to defend the country not enforce laws. The fact that the bill has in it that assests seized in these actions against civilians will be shared by the departments is termed plunder. This bill is opening a door that should never be opened and it is wrong.
    Call, email, fax and make personal vists to your Representatives to oppose the gross overreach that this bill implies.

  15. Joe Biggerstaff

    Adding my name to this post puts me on the watch list of insurgence I suppose. Perhaps I should ask my neighbor for clemency before I go too far.
    Any truth to the ” conspiracy therory”?

  16. bob

    I worked major drugs task force in Los Angeles. There are absolutely no need whatsoever for military involvement in local drug interdiction. our military can’t even detect and stop guns or drugs at our borders-morons need to arrest politicians not drug dealers.

  17. Tim Roesch

    Apparently the coup has already occurred. I would not have thought this would occur unmarked in Idaho, of all places.
    Civil War anyone?

  18. Gringo

    Another question would be: why are national guard units being trained in riot control and civil disturbances? Wake up people, our government is preparing for the collapse.

  19. Ronomundo

    Lets do some investigation on this. I will be contacting my Idaho contacts and get them snooping around so we can get the real source exposed and what motives there really are. Also, in addition to me, let us do case law research. Then, if this goes through, let us group up all opponents and begin a class action lawsuit of damaged parties. The Idaho Constitution needs to be thoroughly examined from end to end to see if this is constitutional without a people’s plebiscite. Anyone care to join me on this? I can’t do this all by myself and I have not lived in Idaho since 2007.

  20. Ronald Nielsen

    this effctively removes posse comatatous keeping troops off the streets in civilian matters. Every state has haf to look at this federal legislation which was passed back in the militias act in 193 and is expanded by NDAA 2008. the drug arethe pattern for even though no drugs are concerned there will be confisccations of property by the state equakly divided by them and the federal government. today this biil if passed will set Americans as potential terrorists unfer NDAA. and under that federl legislation you dont recieve civilian privleges only prisoners of war. Let it be known that the present Executive Branch plans to end civilian freedom and implant unfair gun confiscation laws.
    End result? You the American people are having a ‘Revolution’ put into place against you by this Despotic Government. And the only legal boundry you will have is the Declaration of Independence. In it is aphrase i will conclude with:

    “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

  21. Robert Coe

    The war on drugs is over. State by state will legalize it in order to fill the coffers. So you need to ask yourself a question? Are military personnel trained as professions to handle a domestic dispute as is your sheriff. Or how about effecting an arrest? The use of force? None of the above!!
    This is about giving authority to enter your home with a militarized force and confiscate your weapons. Why? Because the Sheriff or any other local law enforcement won’t. They are sworn to protect your rights, and at times lay their lives down to protect them. This is going to get ugly……..real ugly, real soon.

  22. William

    America, you deserve what you get. Whenever a political system becomes too powerful and is no longer representing the will of the people isn’t it written somewhere that you must remove the standing corrupted dictatorship?

    I know it’s not the fault of the people, all that; porn, brainless games and broken families has slowly destroyed whatever senses you had. Just make sure you don’t point the guns at yourselves when the American gestapo starts hauling you’re asses off to those death camp at Denver.

  23. nygrump

    I thought Idaho was a conservative state. I guess its a lesson that all Statists will betray the citizens.

  24. Churchill

    The mental ‘Common Law’ marriage of common thoughts between DC and Boise. Big O. of DC and Lil O. of Boise, how sweet the issue of ‘Treason’ can be.

  25. The One

    Welcome to the Novus ordo seclorum, New Order of the Ages. Brought to you by the local lodge brothers. Enjoy now the iron boot of tyranny that will be smashing down upon the face of humanity for ever! War is peace!

  26. Jim Dyckhoff

    SOOOO easy to seize “property”
    if you find contraband on it…..no matter whose pocket
    it may fall out of….this
    bill would be a free ticket to increased revenue for the
    agencies involved…get real

  27. Russell

    The house commitee member can now be arrestted by ANYONE for breaking constitutional law. And I STRONGLY SUGGEST Idaho people Go get him NOW. Because that is tyranny. It is illegal and you will die by their hands if you allow this to go unchallenged.

    Tyranny stinks. That Brandon Hixon needs to be incarcerated and tried as a traitor in a public court.

  28. Chas

    They are making moves to allow China to have sovereign territory in the USA. We need to be ready to fight.

  29. Dana W.

    VOTE OUT EVERY IDAHO LEGISLATOR BEHIND THIS BILL!!!! LET THEM KNOW YOU ‘DO NOT APPROVE OF THIS MESSAGE’. SHAME, SHAME, SHAMEFUL!!!!

  30. Randy T

    Unbelievable! I’ve been researching as to where I’m going to relocate. I’ve had more than enough of Washington State. Idaho had been number one on my list for sometime. Hope to hear action is being taken to repeal this action. Wyoming? Montana- Which appears to already be turning. Tyranny abounds :o(

  31. mitch

    I thought the geniuses in Idaho were pro constitution, pro rule of law, and pro small government. Well this is pretty fascist stuff. This crap is part of why there was an American revolution.

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