Martial Law (33 page)

(c)
   
The Third Amendment restriction of quartering soldiers in private homes is suspended. In order to assure an Enduring Constitutional Government, the nation’s military personnel, members of law enforcement, and appropriately designated members of the Citizen Corps, will have the full force and effect of a soldier within the meaning of the Constitution. Housing for these specially appointed citizens will take priority over all others. Those citizens displaced from their homes will be provided suitable housing at the discretion of the Council of Governors, or its designees;

(d)
  
The Fourth Amendment right against unreasonable searches and seizures is hereby suspended. No citizen shall hinder or prevent any action or process in furtherance of the duties of those appointed by the Office of the President or the Council of Governors;

(e)
   
The Fifth Amendment right to due process is suspended. All persons subject to appearance before the state and federal courts of the United States will now fall under the purview of the Military Tribunals of the United States;

(f)
   
The Sixth Amendment right to a speedy trial is suspended as being an undue burden upon the Military Tribunals of the United States. The right to trial by jury, to be informed of the criminal charges against the person, the right to compel and confront witnesses, and to the assistance of counsel is not suspended. However, the Military Tribunals of the United States may delay the prosecution of individuals based upon the accused’s insistence upon exercising these rights, and all defendants shall be so informed;

(g)
  
The Seventh Amendment right to civil trials by jury is suspended;

(h)
  
The Eighth Amendment forbidding the imposition of excessive bails or fines is suspended. Specifically, the right to bail is suspended;

(i)
    
The Ninth Amendment clarifies that the specific individual rights not enumerated in the Constitution, such as the right to privacy, are given full force and effect as law. These rights may be suspended as deemed necessary by, and in the sole discretion of, the Office of the President and the Council of Governors, in the best interests of the nation, and the safety, health, and general welfare of its citizens;

(j)
    
The Tenth Amendment is suspended. By the execution of this Executive Order 13777, all matters of governing shall reside within the Office of the President, the Council of Governors, or their designees.

“
PART III: GENERAL PROVISIONS and PENALTIES

“Section 301.
Continuity Annexes.
The directives and the information contained herein shall be protected from unauthorized disclosure and alteration. The Continuity Annexes attached hereto are hereby incorporated herein and made a part of this Executive Order 13777 by reference. The Continuity Annexes are hereby designated
Classified
and shall be accorded appropriate handling, consistent with prior applicable Executive Orders.

“Section 302.
Force and Effect.
This Executive Order 13777 shall be implemented in a manner that is consistent with, and facilitates effective implementation of, provisions of the Constitution concerning the exercise of the powers of the Office of the Presidency, with the consultation of the Vice President, the Council of Governors and, as appropriate, their designees. Heads of local, state, and federal agencies shall be prepared at all times to implement the directives issued by the Office of the Presidency deemed necessary and appropriate for the health, safety, and welfare of American citizens and interests.

“Section 303.
Further Directives.
The Council of Governors, upon the direction of the Office of the President, is hereby authorized and empowered to issue such further regulations as they may deem necessary to carry out the purposes of this Executive Order 13777 and to issue licenses hereunder, through such officers or agencies as they may designate from time to time.

“Section 304.
Penalties for Violations.
Whoever willfully violates any provision of this Executive Order 13777, or any rule, regulation, or license issued thereunder, will be subject to imprisonment and asset forfeiture as deemed appropriate by the Military Tribunals of the United States. In addition, any person who, owing allegiance to the United States, or otherwise, levies war against the United States, or adheres to their enemies, giving them aid and comfort, is guilty of treason. Such person shall be brought before the Military Tribunal of the United States, and if found guilty of treason against the United States, shall suffer the penalty of death.

Signed under hand and seal by the President of the United States on this seventh day of September 2016.
”

Chapter 63

Wednesday, September 7, 2016

7:33 p.m. EDT

Western White House

Honolulu, HI

The President retook the podium.

“Thank you, General Sears. Let me add one thing. It goes without saying that these actions are deemed necessary because of the position we have been placed in by this unprovoked attack. The provisions of the Declaration may appear onerous to some. They are not considered permanent. As soon as order is restored to my satisfaction, I will begin to rescind all or part of the Declaration as appropriate.

“Furthermore, although these provisions have gone into effect this evening at 7:00 p.m. Eastern Time, I recognize it may take several days for the content of the Declaration to be disseminated around the country. Under the direction of Homeland Security, the Council of Governors, and the Citizens Corps Council, we will distribute copies of the Declaration throughout the country. I have instructed General Sears to allow a grace period until Sunday night, December 11, for Americans to comply. Until Sunday evening, law enforcement and the military will be permitted to use their discretion in the enforcement of the Declaration, unless an immediate threat of loss of life or damage to federal property is at stake. In that case, they should act accordingly.

“Now, I will take a few questions before I get back to work. Jim Acosta.”

Jim Acosta of CNN News stood and asked, “Mr. President, could you provide any details on the damage sustained to the power grid, and are you prepared to give the American people a time frame for its repair?”

“Thank you, Jim. We are working with Homeland Security and local utilities to assess the extent of the damage. Because of the massive impact of the cyber intrusions, both computer technology and electrical transformers have been destroyed. Some of these transformers are unique to the particular location in which they were used. This may require the construction of new replacements. It will take days and possibly weeks to provide a final assessment. In addition to protecting the American people, these repairs are our utmost priority.

“Pete.”

“Thank you, Mr. President. Peter Alexander, NBC News. We are receiving reports that Governor Greg Abbott has closed the Texas borders to any nonresidents. Further, he has deployed the National Guard to apprehend all non-U.S. citizens and forcibly deport them to Mexico. First, has Governor Abbott committed an act of treason by closing the state’s borders? Second, is the deportation of foreign nationals in direct contravention of your immigration policy?”

“Governor Abbott has no legal basis for closing access to the State of Texas to any individual lawfully residing in this country, including those who entered our country looking for a better life. Now, whether the actions of Governor Abbott give rise to an act of treason in the eyes of the Attorney General is not for me to decide. I have contacted the governor, and we had a very frank conversation. I told him that his extreme actions constituted a betrayal and disloyalty to his country. He should be welcoming his fellow Americans into Texas so that Texans can do their part in the recovery effort.”

“Follow-up question, Mr. President. If Governor Abbott refuses to heed your request, what are your options?”

“It’s too early to address the specifics, Pete. I want to give the governor time to do the right thing. Just know that all options are on the table.”

“Major Garrett, CBS.” Garrett stood to address the President.

“Mr. President, along the same line as the previous question. Is there any truth to the fact that the U.S. Border Patrol agents are being recalled to handle other duties?”

“That is true, Major. Our number one priority is providing assistance to our citizens. This attack was perpetrated on America, but large parts of northern Mexico were affected by the collapse of the power grid. That is not their fault. If allowing our borders to remain open helps those folks affected by our problems, then so be it. And, let me say this as well. I have been in contact with Mexican President Enrique Pena Nieto, who is willing to consider a limited number of our refugees to come to Mexico in exchange for our removing the draconian and onerous barriers we have placed between our nations. I agree with him, and the recall of the Border Patrol agents is in furtherance of this policy.”

“Let me see. Peter Baker,
New York Times
. Peter.”

“Thank you, Mr. President. Are you able to comment at all on intelligence as to the possible motive or perpetrators?”

“The investigation is ongoing, and the events are fluid. Over the last several days, I have been in contact with our NATO allies who have agreed to provide assistance in the relief effort as well as the investigation. I have opened diplomatic channels with the Russians and the Chinese. As of date, no one has claimed responsibility for this, nor has any military power made a move against us.”

Still standing, Baker pressed for more. “But, Mr. President, we have reports indicating the Russian military has amassed a significant number of forces and military assets at their Arctic facility. Also, Russian submarines openly patrol just outside our territorial waters on both the Atlantic seaboard and the Pacific coast. Could the Russians have used this cyber attack as the beginning of an invasion of the United States?”

“Before the event, there were no military hostilities between our two nations. We have no reason to believe that President Putin would be so foolish as to invade the United States. If he does, I intend to invoke Article Five of the North Atlantic Treaty, which states that an attack on one ally shall be considered an attack on all. We will defend ourselves as appropriate.

“Next up, Luis Ramirez, Voice of America Radio.”

“Mr. President, you mentioned the United Nations in your opening remarks. Has the UN offered any support in the recovery effort?”

“Yes, thank you, Luis. I should have expanded on that earlier. Whenever there is a disaster or a humanitarian catastrophe, the United Nations is on the ground providing relief, support, and assistance. Our situation is no different. Through the coordinated efforts of our Department of Homeland Security and Secretary-General Ban Ki-moon, the United Nations will be providing aid throughout the nation in primarily heavily populated urban centers. Also, while our forces help maintain stability across the nation, the UN has committed a sizable peacekeeping force, who will work with the Citizen Corps Councils in more rural parts of the country. We are fortunate to have this asset to help reduce tensions in troubled areas.

“Jonathan.”

Jonathan Karl of ABC News addressed the President next. “Mr. President, the Chinese are formally demanding that the dollar no longer is considered the world’s reserve currency. They insist that our currency is now worthless without sufficient gold reserves to back it up. How do you respond?”

“Jonathan, economic tensions have been building for a number of years between our country, the Russians, and the Chinese. Reserve currencies come and go. Arguably, under normal circumstances, the loss of reserve currency status would cause our imports to cost more, and our standard of living would go down. Many argue that our standard of living is too high. Under the present circumstances, the standard of living is the least of our problems. If they wish to devalue the dollar and take away our reserve currency status, so be it.

“Julie Pace, Associated Press.”

“Thank you, Mr. President. The Associated Press is reporting that the Federal Bureau of Prisons is preparing to release inmates currently housed in its prison system. Is that correct?”

“Yes, Julie. The federal government no longer has the personnel nor the requisite provisions to feed and provide medical care for the already overburdened federal prison system. Therefore, I have commuted all sentences of those inmates below the penitentiary level. Also, to assist these able-bodied Americans to transition back into society, such that it is, we are encouraging them to contact their local Citizen Corps Council to volunteer for work. While they will not be paid a salary commensurate with others, they will be housed, fed, and provided medical treatment. I am told this will be effectuated by the end of this week.

“Last question.”

Ed Henry of FoxNews stood up. “Mr. President, if I may.”

“Well, Ed, you don’t seem to have left me a choice, now have you?” The President bristled, his lips pursed.

“Mr. President, you have declared martial law on a nationwide basis for the first time since the Civil War. You have suspended habeas corpus that will enable the government to seize property or detain persons in violation of their civil rights. Further, by using the United States military on American soil in a law enforcement capacity, you arguably run afoul of the Posse Comitatus Act, which has been in effect for one hundred and forty years.”