The new Army manual, known as ATP 3-39.33, provides discussion and techniques about civil disturbances and crowd control operations that occur in the continental United States (CONUS) and outside the continental United States (OCONUS).

This document, published earlier this year, promises to change the way the “authorities” deal with protesters, even peaceful ones. The consequences of ATP 39.33 could prove deadly for protesters. Further, the provisions of this Army manual could prove to be the end of the First Amendment right to peaceably assemble.

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In section 1-2., the manual states that “Civil unrest may range from simple, nonviolent protests that address specific issues, to events that turn into full-scale riots“. This section of the manual clearly states that protesting is a right protected by the Constitution. However, the authorities leave themselves an out to “legally” engage in lethal force toward protesters when the manual states that “peaceful protests can turn into full-scale riots” and field commanders have the right to make that determination. Subsequently, all protests, peaceful or not, need to be managed by the potential for violence. In other words, all protests are to be considered to be violent and handled accordingly. This certainly explains the violent manhandling of the media by the DHS controlled and militarized police in Ferguson, MO.

Posse Comitatus Is Violated

On the surface, the Posse Comitatus Act (18 USC 1385) act should prevent the Army from deploying the troops in the midst of a protest that is not on the scale of something like the 1992 LA Riots. However, the Army claims exemption from Posse Comitatus in the four following areas.

10 USC 331. When a state is unable to control domestic violence and they have requested federal assistance, the use of the militia or Armed Forces is authorized.
10 USC 332. When ordinary enforcement means are unworkable due to unlawful obstructions or rebellion against the authority of the United States, use of the militia or Armed Forces is authorized.
10 USC 333. When a state cannot or will not protect the constitutional rights of the citizens, due to domestic violence or conspiracy to hinder execution of State or Federal law, the use of the militia or Armed Forces is authorized.
House Joint Resolution 1292. This resolution directs all departments of the U.S. government, upon request of the Secret Service, to assist in carrying out its statutory duties to protect government officials and major political candidates from physical harm.

With regard to 10 USC 331, if the local authorities have lost control in the midst of a profound display of domestic violence (e.g. LA Riots), most Americans support the use of National Guard or the military. However, in 10 USC 332, 333 and House Joint Resolution 1292 are ripe with exceptions which opens the door to federal authorities abusing the public for exercising their Constitutional right to protest.

In 10 USC 332, the phrase “unlawful obstructions or rebellion against the authority of the United States, use of the militia or Armed Forces is authorized” and this permits the federal government from being demonstrated against. An act of demonstration, or the most benign demonstrations of civil disobedience gives the government the authority to take “deadly action” against the public because there are no clear distinctions on when the use of lethal and nonlethal force is appropriate (see the two charts displayed below).

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In 10 USC 333, any disruption of federal law can be decisively dealt with by the federal government. The phrase “…conspiracy to hinder execution of State or Federal law, the use of the militia or Armed Forces is authorized” is a telling passage of this Army document. If 10 USC 333 is applied to the letter of the written Army policy, the protesters who recently objected to illegal aliens being deposited in Murietta, California, could be subject to deadly force. Further, the protesters in Ferguson could be subject to the use of lethal force as well (Again, see the charts below).

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