My name is Luca Zanna, and I am here to bring you my side of the story on why I find it disturbing that National Guard was deployed in Kingman AZ Friday 18th 2009 around 4.45 pm on Andy Divine perfoming “police” duty, providing “security’ and directing traffic, as they stated in the video that follows.
I want to share that my family in Italy was rescued by American Troops during WWII during the Anzio landing of 1944… where thousands of young American men and women gave their lives for what used to be my Country. As a child, I grew up probably spending more time at the American Cemetery in Nettuno honoring the troops than any American child. So much that I always wanted to become an American one day, and 10 years ago I decided to leave Italy to become one of you… and so I did. Over the last few years I wrote, recorded and produced songs with my own money, dedicated to the American soldiers, and I share them on the web… here are some examples:The Wall – Just Back from Hell – 2 Angels from the Choppers – Thank You America
Some of my best friends, that I consider my brothers and sisters, US Soldiers… here some of their emails.
So, enough said where I stand on the troops… the last thing I want to hear from some lazy couch potato PHONY conservative wrapped in the Flag is that I am far left or I am against the troops.
One of the reason why America has been blessed for so many years with Freedom is because our Republic had strong laws that limit the use of deployment of our military on our soil.
Remember China, Germany, Italy, Chile, Cuba… every tyrannical government had in 2 things in common:
1) Military policing the Citizens. 2) Gun Confiscation
We are supposed to be a Republic founded on the Rule of Law.
This what the law says:
The Posse Comitatus Act Section 1385 of Title 18, United States Code (USC), states:
“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or 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.” The PCA does not apply to the U.S. Coast Guard in peacetime or to the National Guard in Title 32 or State Active Duty status. Here are some exceptions:
* The Insurrection Act (Title 10 USC, Sections 331-335). This act allows the president to use U.S. military personnel at the request of a state legislature or governor to suppress insurrections. It also allows the president to use federal troops to enforce federal laws when rebellion against the authority of the U.S. makes it impracticable to enforce the laws of the U.S.
* Assistance in the case of crimes involving nuclear materials (Title 18 USC, Section 831). This statute permits DoD personnel to assist the Justice Department in enforcing prohibitions regarding nuclear materials, when the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies.
* Emergency situations involving chemical or biological weapons of mass destruction (Title 10 USC, Section 382). When the attorney general and the secretary of defense jointly determine that an “emergency situation” exists that poses a serious threat to U.S. interests and is beyond the capability of civilian law enforcement agencies. DoD personnel may assist the Justice Department in enforcing prohibitions regarding biological or chemiBottom line: cal weapons of mass destruction.
BOTTOM LINE: The use of military assets in civilian law enforcement is still illegal under Posse Comitatus, unless a clear state of emergency exists.
I support the troops that fulfill their oath to defend the Constitution and the American People from all enemies Foreign and Domestic, but I will not stay silent in witnessing unlawful unamerican use of our troops and our TAX DOLLAR!
I am sure the Mayor John Salem and the City of Kingman had no desire or intention to use the National Guard violating the posse comitatus act. Maybe they were not even aware of what was going on…
But somebody should remind the guard commander in Kingman and the police chief Devry that the National guard cannot provide “security” for a private farmers market event, or similar, as stated by the guardman himself in the video and by the civilian volunteer, but can be used only in specific cases
And even if the Guard, now under the control of the FEDERAL GOV can find some new loophole, thanks to the tyrannical H.R. 5122 John Warner National Defense Act that enables the federal government to use the military within the federal states, I still don’t see any ethical and lawful purpose of using the Guard to direct traffic or providing security at a local fair in Kingman or Mohave County, or anywhere in the State of Arizona.
I feel that we need the guard, armed and trained, to be deployed on the Mexico border, facing SOUTH… not watching over American Citizens.
The intentionally left wide open border is a whole other topic.
In Mohave County we have a great sheriff posse, sheriff deputies, and the peace officers from the KPD… But maybe this is more than just a mistake. It is called “acclimatization”.
And it’s part of a federal plan to condition us for coming Martial LAW. Don’t believe me, just please read this important article on what’s happening all around the Country right now…
we are one step away from complete FASCISM.
Please read and share with your fellows guardsmen and women: The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the “lawful command of his superior officer,” 891.ART.91 (2), the “lawful order of a warrant officer”, 892.ART.92 (1) the “lawful general order”, 892.ART.92 (2) “lawful order”. In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president? that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ
My final question is, what are we going to do here in Arizona and Mohave County to stop and avoid in the future the repeating of this unlawful unamerican fascistic violation of the law?
I would like to hope that our elected officials State Senator Ron Gould, State Rep. Nancy Mclain, State Rep. Doris Goodale, County Sheriff Thomas Sheahan, Kingman Mayor John Salem…
they will fullfill their oath to defend our Constitution and God given Rights.
I would like to hope that you American Citizens and Mohave County residents will not stay silent in assisting the death of what is left of our Republic and our State.