In preparation for the Coast Guard’s move to Homeland Security executed in 2003, some forces that were involved who stood to profit enormously from changes started publishing propaganda in this regard. One of the most notable is an article by Bonnie Baker about Posse Comitatus and the Coast Guard, yet still reveals a good bit of truth in it. All really good propaganda always does, and then twists in the end, only to eventually leave us all twisting forever in winds of change.
The Coast Guard was not moved into or under the Department of Defense. It was never under the Department of War. It is not a Branch of Military and never has been. It did not branch off of the Navy nor the Army, which are the only two Constitutional forms of military we have. Yet, the Coast Guard has been trying to claim its position as a Branch of Military ever since its inception in 1915.
In fact, and in response to what it had been doing in acting as if it were a Branch of Military and using its pseudo self-made Military Codes from 1915 to 1945 to impose itself upon civilians, it was placed under Title 14 outside of the Department of Defense in the Department of Commerce at this point in time. It was clearly defined as a Federal Maritime Police and Law Enforcement Agency. Not any sort of a Branch of Military of any kind. When its members, who were and still are intended to be Civil Service employees, come under Title 14 they are governed by Title 5 or the Administrative Procedure Act as internal and only remedial civil service law, not the UCMJ.
Several things come into play here though that intentionally, by design, confuse and confound the matters at hand. First, the Coast Guard is often drawn on in times of National Emergency to help fulfill any surge requirements and move Coast Guard personnel as needed right into the Department of the Navy under the Department of Defense. This is accomplished by placing each and all personnel who are transferred into the Navy from the Coast Guard under and on Title 10 Executive Orders. When this occurs these individuals lose any and all police or regulatory powers.
The other time the Coast Guard’s Civil Service employees deal with the Navy is when they are needed to be used as Boarding Parties, or a Civilian Law Enforcement Agency of civilian personnel when dealing with any civilians encountered by the Navy – such as in drug enforcement maneuvers or in rescuing Cuban refugees on the high seas. In these instances the Coast Guard remains under Title 14 and does not come under Title 10 so as to protect the U.S. Navy from becoming involved in civilian affairs as outlined in the Posse Comitatus Act of 1878 as incorporated into Title 5, Title 10, and Title 18.
The only time any Coast Guard personnel are to come under Title 10 is when they are moved into the Department of Defense under the Department of the Navy and become active duty Naval personnel and thus must shed any and all police and regulatory powers.
While under Title 14, the Coast Guard cannot come under Title 10. If ever found under Title 10 by transfer it cannot remain or be under Title 14. They are like oil and water and they don’t mix. The Coast Guard does not come under Title 10 ever, as it cannot be a Law enforcement Agency, or Federal Maritime Police Force and be governed by Title 10 and the UCMJ, which is military law or martial law that is to be contained within the Department of Defense and only used for Regular Branches of the Military.
Only Branches of Military, as in the Army as covered under Article I and its branch in the Air Force [previously Army Air Corps], and Navy as covered under Article II and its branch in the form of the Marine Corps are to come under military law as in Title 10. Exclusively. Specifically. That’s it. No body else.
Moving any portion of Title 10, or military law, out of the Department of Defense is like moving a portion of the military as in personnel or hardware itself, out of the Department of Defense and into some other Agency. This is in strict contrast to the very strong prohibitions in what is being attempted by using the Coast Guard as a Special Branch of Military to administer civilian affairs somehow.
Doing this would be akin to using the Air force, especially and even after 9-11 when it might have seen as more necessary, possibly, to take over public air traffic, both Private and Commercial and place all under the thumb of the Air Force or Military. This did not happen even though 9-11 involved planes, regardless of what versions of the events you wish to believe. Better yet, or more exemplary would be as if the Army took over all our State DMVs.
This has already happened with the Coast Guard that now owns and controls the National Driver Registry in response to the incident onboard and involving the Exxon Valdez and Captain Joseph Hazelwood. Coast Guard and former Commandant Admiral Loy who now works for Lockheed – Martin is also using this Registry to work on the new Bio-Metric National I.D. Cards for private enterprise and military federal contractors like Lockheed – Martin that are precursors to the new National I.D..
The Coast Guard as a self-declared Special Branch of Military is licensing civilians as well. It is also registering or documenting civilian vessels much like our State DMVs are supposed to be doing with the revenues reverting of course to the States. Not anymore. The Coast Guard is also taxing and fining civilians, as well as trying civilians in what are clearly military tribunals and more.
It would be bad enough, and still un-Constitutional if the Coast Guard was still just a Federal Maritime Police Force carrying on its own trials. This would be like State Troopers or the Highway Patrol carrying on their own show trials.
The Coast Guard, and Navy, and Army and Joint Chiefs of Staff, and the Chair of the Joint Chiefs, and the civilian Secretaries of the Department of Defense, and Secretary of the Navy and others including President Bush and President Obama have constructed this end run around the Constitution.
A more clear international example in what the Coast Guard is attempting?
It’s worse than Tianemen Square in China.
We don’t do that here. We are supposed to chastise all those who do.
Problem is, the Coast Guard has now voluntarily taken on the use of Title10 and the UCMJ now for internal purposes somehow, whilst remaining under Title 14 and doing so since it moved into the newfound Department of Homeland Security. It is controlled internally by martial law, but acting externally as a Civil Service Federal Police. The Coast Guard has forever married military or martial law with civilian law enforcement under admiralty.
© 2010 Lt. Eric Shine USNR – USMMRR/ USMMA KP