19 January 2010

Remember this?

“We cannot continue to rely on our military in order to achieve the national security objectives that we’ve set. We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.”

Now look at this:

The White House

THE WHITE HOUSE Office of the Press Secretary
For Immediate Release January 11, 2010 

By the authority vested in me as President by theConstitution and the laws of the United States of America, including section 1822 of the National Defense AuthorizationAct of 2008 (
Public Law 110-181)¹, and in order to strengthenfurther the partnership between the Federal Government and Stategovernments to protect our Nation and its people and property,it is hereby ordered as follows:
Section 1. Council of Governors.

(a) There is established a Council of Governors (Council).The Council shall consist of 10 State Governors appointed bythe President (Members), of whom no more than five shall be ofthe same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms.

(b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council.

Sec. 2. Functions. The Council shall meet at the call of the Secretary of Defense
²  or the Co-Chairs of the Council to exchange views, information, or advice with the Secretary of Defense; the Secretary of Homeland Security; the Assistant tothe President for Homeland Security and Counterterrorism; the Assistant to the President for Intergovernmental Affairs and Public Engagement; the Assistant Secretary of Defense forHomeland Defense and Americas' Security Affairs; the Commander,United States Northern Command; the Chief, National Guard Bureau; the Commandant of the Coast Guard; and other appropriate officials of the Department of Homeland Security and the Department of Defense, and appropriate officials of other executive departments or agencies as may be designated by the Secretary of Defense or the Secretary of Homeland Security. Such views, information, or advice shall concern: 

(a) matters involving the National Guard of the various States;

(b) homeland defense;

(c) civil support;

(d) synchronization and integration of State and Federalmilitary activities in the United States; and

(e) other matters of mutual interest pertaining toNational Guard, homeland defense, and civil support activities.

Sec. 3. Administration.

(a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council.

(b) Members shall serve without compensation for theirwork on the Council. However, Members shall be allowed travelexpenses, including per diem in lieu of subsistence, asauthorized by law.

(c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to theextent permitted by law and subject to the availability ofappropriations, provide the Council with administrative support,assignment or detail of personnel, and information as may benecessary for the performance of the Council's functions.

(d) The Council may establish subcommittees of the Council. These subcommittees shall consist exclusively ofMembers of the Council and any designated employees of a Memberwith authority to act on the Member's behalf, as appropriate toaid the Council in carrying out its functions under this order.

(e) The Council may establish a charter that is consistentwith the terms of this order to refine further its purpose,scope, and objectives and to allocate duties, as appropriate,among members.

Sec. 4. Definitions. As used in this order:

(a) the term "State" has the meaning provided inparagraph (15) of section 2 of the
Homeland Security Act of 2002(6 U.S.C. 101(15)); and

(b) the term "Governor" has the meaning provided inparagraph (5) of section 102 of the
Robert T. Stafford DisasterRelief and Emergency Assistance Act (42 U.S.C. 5122(5)).

(a) Nothing in this order shall be construed to impair orotherwise affect:

(1) the authority granted by law to adepartment, agency, or the head thereof; or

(2) functions of the Director of the Office of Management and Budget relating to budgetary,administrative, or legislative proposals.

(b) This order shall be implemented consistentwith applicable law and subject to the availability ofappropriations.

Sec. 5. General Provisions

(c) This order is not intended to, and does not, createany right or benefit, substantive or procedural, enforceable atlaw or in equity by any party against the United States, itsdepartments, agencies, or entities, its officers, employees, oragents, or any other person.


January 11, 2010.

Did you hear or read anything in the MSM or alternative media or talk radio about this? The only place to find it is in...

Did you hear or read anything in the MSM or alternative media or talk radio about this? The only place to find it is in blogs or foreign online media such as this post by Canada Free Press. This post, by The Ethiopian Review (?) is interesting: The Council of Governors will provide an invaluable Senior Administration forum for exchanging views with State and local officials on strengthening our National resilience and the homeland defense and civil support challenges facing our Nation today and in the future.

No explanation is offered on the White House Blog Website*, where the Executive Order document is post.  There's a ton of analysis and reporting on it, though, in the Blogosphere.

¹ The formation of the Council of Governors was required by the Fiscal Year 2008 National Defense Authorization Act which stated, “The President shall establish a bipartisan Council of Governors to advise the Secretary of Defense, the Secretary of Homeland Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions.”  (NDAA FY2008, Sec 1822)] 

²The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385. Use of Army and Air Force as posse comitatus-Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.) passed on June 18, 1878, after the end of Reconstruction, with the intention… of substantially limiting the powers of the federal government to use the military for law enforcement. The Act prohibits most members of the federal uniformed services (today the Army, Air Force, and State National Guard forces when such are called into federal service) from exercising nominally state law enforcement, police, or peace officerpowers that maintain “law and order” on non-federal property (states and their counties and municipal divisions) within the United States. The statute generally prohibits federal military personnel and units of the National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Coast Guard is exempt from the Act during peacetime.

*And yeah, it's for real:



  1. While I detest this EO and feel that the Council of Governors is unconstitutional, Obama had the authority to execute the EO. The blame for the Council of Governors goes to the 110th Congress who passed the “National Defense Authorization Act of 2008 with Section 1822 in it. http://faithfulinprayer.wordpress.com/2010/01/18/executive-orders-separation-of-powers/

    What you really need to worry about is Department of Defense (DoD) Directive dated January 23, 2009 (Number 1404.10) and H.R.675 which open the door for the federal government to set up a federal policy force. http://faithfulinprayer.wordpress.com/2009/09/04/u-s-federal-police-force/

  2. Thank you for your comments. Your additional information provided in your links is very much appreciated, as well! I found once I was researching this subject and writing about it, there was almost no end to the maze of complexity the issue presented.


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