Martial Law

by Bobby Akart

  “What, Abbie?” asked Donald. He and Susan leaned in to hear Abbie’s words.

  “I realize what Drew was shouting to me as my father closed the door of the helicopter.”

  “What was it?”

  “He knew. Drew was shouting he knew.”

  PART FIVE

  Martial Law!

  Chapter 61

  Wednesday, September 7, 2016

  7:18 p.m. EDT

  Western White House

  Honolulu, HI

  The blue goose, the nickname for the large blue podium adorned with the seal of the President of the United States, stood empty for seventeen minutes past the hour. The White House press corps, who traveled with the President to Hawaii, was growing impatient. Typically, they would be standing, facing their respective network’s cameras, killing time with their opinion of what the President was going to say. This time, it was different. There was only one camera. Network feeds were unnecessary, as there were no networks available to receive them.

  Flanking the podium to the viewers’ left was the United States flag. To the right was the flag of the President of the United States, which consisted of the presidential coat of arms on a dark blue background. Nothing from this live feed appeared out of the ordinary, although the President’s address would be remembered as extraordinary.

  The President, followed by General Mason J. Sears, the Chairman of the Joint Chiefs of Staff, approached the podium. He began.

  “My fellow Americans and citizens of the world. Tonight I come to you under inexplicable circumstances. On Saturday, September 3rd, at approximately 9:11 p.m. Eastern Time, the United States fell victim to a vicious attack by an unknown enemy. At that moment, the vast majority of the nation’s electrical grid, which provides electricity to nearly three hundred million Americans, was destroyed by an unprovoked cyber intrusion. At this time, forty-seven states, parts of northern Mexico, and southern Canada are without power. Only Texas, Alaska, and Hawaii have been spared.

  “First, let me express my condolences to the wife and family of our Vice President. Join me as we mourn with them following his unfortunate death. I will say a few words in a moment about logistics and continuity of government.

  “Today, we face a threat never before seen by this nation. As Commander-in-Chief, my highest priority is the security of the American people. Our military women and men have kept us safe from the terrorist threats of ISIL and al-Qaeda. Now we have threats to face from within. While our military forces protect us from further attempts to breach our sovereignty, we must remain vigilant as new risks emerge.

  “Let me make two things clear. First, we will find the perpetrator of these attacks and bring them to justice. If this is found to be the actions of a terrorist, they will pay a high price. If this turns out to be a state-sponsored act, they will be brought before the United Nations and held to account. While we have not detected specific, credible evidence of who is responsible for this heinous act, make no mistake, we will.

  “Second, we must now turn our attention to helping our fellow Americans during this critical period in our history. I know many Americans are concerned about their health and safety. Many are hungry and without proper shelter. Some folks are in need of life-saving medications. I want you to know that your government is making it a priority to help you through this as we work diligently to restore power.

  “However, this burden will not rest on the government’s shoulders alone. Tonight, I am executing a series of executive orders that will create the largest citizen-based recovery effort in modern history. Under the auspices of the Department of Homeland Security, and in conjunction with the Federal Emergency Management Agency, we are expanding the role of the Citizen Corps. The mission of the newly empowered Citizen Corps is simple. We will harness the power and resolve of every American citizen who wants to assist in the recovery effort, in order to make our communities safer, stronger, and better prepared to respond to any threats that may hinder the recovery effort. Most importantly, the Citizen Corps will save lives.

  “Those Americans who join with me and become involved in the Citizen Corps will be rewarded with shelter, food, medicine, and a paying job. Those who make the Citizen Corps a success will be provided a significant role in the rebuilding of America as we weather this storm.

  “I am issuing a call to action for all American citizens. Help your government help you. We have established a national network of state, local, and tribal Citizen Corps Councils. These councils will build on community strengths to implement the goals I establish for the rebuilding of America. You will be an integral part of carrying out a local strategy to assist your government, Citizen Corps leaders, and the newly constituted Council of Governors in restoring order and making sure every American has an equal opportunity to survive this calamity.

  “I believe it is your personal responsibility as an American to unselfishly help your fellow man in their time of need. Do not delay. Find your local Citizen Corps leaders and visit one of the thousands of upcoming Citizen Corps Council meetings in your neighborhood. I know you will because it’s the right thing to do.

  “Now, let me address the important matter of continuity of government. With the assistance of the United States Pacific Command—USPACOM, my compound in Honolulu, Hawaii, will become the temporary White House. Until order and electrical power can be restored in Washington, D.C., Hawaii is better suited for conducting the business of the nation.

  “With the unfortunate death of the Vice President, the next member of the government in line to the presidency is the Speaker of the House. At this time, the Speaker is unaccounted for in Wisconsin. The President pro tempore of the Senate, the next in line to the presidency, is also missing in his home state of Utah. As of this moment, the acting Vice President of the United States is the next official in line, Secretary of State John Kerry. At this point, Mr. Kerry is safe in an undisclosed military facility. Once it is clear that the nation is not under additional threats, he will join me here.

  “With me today is General Mason J. Sears, Chairman of the Joint Chiefs of Staff, to make a statement. I have instructed him to recall all active-duty military, except those required for security at our international facilities, to return home. They should be here with their families, and to perform the duties necessary to protect and serve our citizens.

  “The actions I have taken today are done with an overriding purpose—ensure the continuity of government and protect those among us who are the most vulnerable.

  “I will take a few questions after General Sears makes his statement. Thank you.”

  Chapter 62

  Wednesday, September 7, 2016

  7:22 p.m. EDT

  Western White House

  Honolulu, HI

  “My name is General Mason J. Sears, Chairman of the Joint Chiefs of Staff. The text of the following executive order will be delivered to you following the President’s closing remarks. It will be delivered to the United States Postal Service for posting in a conspicuous place. It will also be made available through the offices of the Council of Governors as established in this executive order.

  “It is my duty to read the following executive order in its entirety.

  “This is Executive Order 13777. Dated September 7, 2016, entitled DECLARATION OF MARTIAL LAW.

  “By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended; Executive Order 13603 entered into the Federal Register on March 22, 2012; and in furtherance of National Security and Homeland Security Presidential Directive 51, herein Directive 51, signed by President George W. Bush on May 4, 2007; and in my capacity as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:

  “PART I: PURPOSE, POLICY, AND IMPLEMENTATION

  “Section 101. Purpose. This Executive Order 13777 incorporates all prior Executive Orders and Presidential Policy Directives that have been establ
ished to promulgate the decisions of the President on national and domestic security matters. This Executive Order 13777 establishes a comprehensive national policy on the continuity of the Federal Government. Through the establishment of ten regional Governor’s offices, the Executive Branch will name a National Continuity Coordinator responsible for coordinating the development and implementation of Federal policies to ensure Continuity of Government and the ability to provide the citizens of America certain National Essential Functions, as prescribed from time to time by the President.

  “Section 102. Policy. It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government under the Constitution and the continuing performance of National Essential Functions under all conditions. In addition, it is the duty of the United States to protect and serve our citizens. This Executive Order 13777 declares the United States to be in a state of Catastrophic Emergency, as that term is defined in Directive 51. A Catastrophic Emergency means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the United States population, infrastructure, environment, economy, or government functions. The authorities created in this Executive Order shall be used to strengthen our national defense preparedness, and to assist further federal, state, and local law enforcement during this Catastrophic Emergency.

  “Section 103. General Functions and Implementation. All executive departments, agencies, and the newly constituted Council of Governor’s offices responsible for plans and programs relating to national defense and domestic policing, shall:

  (a) Assist in identifying the full spectrum of emergencies facing the Continuity of Operations, including all threats, foreign or domestic;

  (b) Assess and report any individual or group of individuals who are actively opposing the provisions of this Executive Order;

  (c) Be prepared, in the event of a potential threat to the Continuity of Government or the security of the United States, to take all actions deemed necessary and appropriate to ensure National Essential Functions.

  “Section 104. Implementation. The Office of the President, in association with the cooperation of the National Security Council, and the Department of Homeland Security, and pursuant to Executive Order 13528 entered in the Federal Register on January 11, 2010, as amended and superseded herein, hereby establishes ten Regional Offices of the Council of Governors. The Council of Governors will be maintained in the existing regional offices of the Federal Emergency Management Agency and will be tasked with coordinating the efforts of the National Guard, the Citizens Corps, homeland defense, and the integration of State and Federal military activities within the United States. The Governors will be appointed by the Office of the President based upon merit, and without consideration of political party affiliation. These duly appointed Governors will report directly to, and serve at the pleasure of, the Office of the President.

  “PART II: SPECIFIC PROVISIONS

  “Section 201. Generally. In order to maintain security and order, and provide essential services to the citizens of America, curfews will be established and until further notice, there will be a suspension of certain provisions of the United States Constitution, including, but not limited to, civil law, civil rights, habeas corpus, and such other and general provisions as may be determined in the national interest by the Office of the President. Specifically, but without limitation, the following restrictions and suspensions are effective immediately—all determined to be in the best interests of the nation, and the safety, health, and general welfare of its citizens:

  (a) The First Amendment right of free speech and the press are hereby restricted to the extent such speech or written word is deemed intended to incite a riot or hostilities against the United States. The right of assembly is hereby limited to not more than ten persons, in public or private. Specifically excepted from this provision is the right to freedom of religion in a designated house of worship for so long as such religious gathering is properly permitted by the Council of Governors, and monitored by its designated agent;

  (b) The Second Amendment right to bear arms is suspended. All weapons, magazines, ammunition, and related accessories are hereby declared unlawful and shall be voluntarily, or forcibly, surrendered to law enforcement designated by the Council of Governors;

  (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 pur
poses 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.