The story...



Jeb Bush declared martial law in Florida four days before the 9/11 attacks.



Our take...



Think about this for a moment and it doesn't sound very likely. Wouldn't someone in Florida have noticed this, asked why? Still, here's the Rense explanation: Just some quick facts (no rumors what-so-ever) concerning the Bush family brothers, Governor "Jeb" of Florida and President "G.W." of Washington City, with regards to the events of 9-11:



On Friday, September 7, "Jeb" signed Florida Executive Order No. 01-261 which states, in part:



"I hereby delegate to The Adjutant General of the State of Florida all necessary authority, within approved budgetary appropriations or grants, to order members of the Florida National Guard into active service, as defined by Section 250.27, Florida Statutes, for the purpose of training to support law-enforcement personnel and emergency-management personnel in the event of civil disturbances or natural disasters and to provide training support to law-enforcement personnel and community-based organizations relating to counter drug operations. This Executive Order shall remain in full force and effect until the earlier of its revocation or June 30, 2003."



This Fla. EO places the Florida National Guard (which is not a lawful militia), a unit of the Federal U.S. Army, in control of all Florida law enforcement (State FDLE, County Sheriffs, and local PD's) and the Florida Emergency Management department (Florida's FEMA under federal FEMA control). Remember, this was 4 days before the WTC disaster.

http://www.rense.com/general14/jebdeclared.htm This is yet another one of those cases where a big conclusion (the National Guard were placed in charge of all law enforcement) is based on absolutely nothing at all. Read the quote yourself: where does it say the National Guard "control" anything? It doesn't, because they don't. It's about "training to support law-enforcement personnel and emergency-management personnel", working with the police, not taking charge of them. And it has absolutely nothing whatsoever to do with martial law.



Need confirmation? Okay, read the whole thing. EXECUTIVE ORDER NUMBER

01-261

WHEREAS, the Florida National Guard has the statutory responsibility to provide support to law-enforcement personnel and emergency-management personnel in the event of civil disturbances or natural disasters; and



WHEREAS, the Florida National Guard has the responsibility to provide training support to law-enforcement personnel and community-based organizations relating to counter drug operations; and



WHEREAS, the Florida National Guard must train to meet such responsibilities; and



WHEREAS, the Florida National Guard is funded for any such training by budgetary appropriation or grants before any such training; and



WHEREAS, the Florida National Guard must conduct such training in active service of the state, as defined by Section 250.27, Florida Statutes (also known as active military service and state active duty) for members of the Florida National Guard to be covered by Section 250.34, Florida Statutes; and



WHEREAS, as Governor, I may delegate the authority contained in Section 250.06(4), Florida Statutes, to order training to help respond to civil disturbances, natural disasters, and counter drug operations to The Adjutant General of the State of Florida; and



WHEREAS, it is in the best interest of the State of Florida that I delegate such authority, so that the Florida National Guard is adequately trained to meet its obligation to help respond to civil disturbances, natural disasters, and counter drug operations and so that members of the Florida National Guard performing such training are covered by Section 250.34, Florida Statutes; and



WHEREAS, the Governor may order the Florida National Guard to provide extraordinary support to law enforcement upon request and such a request has been received from the Florida Department of Law Enforcement (FDLE) to assist FDLE in performing port security training and inspections.



NOW, THEREFORE, I, JEB BUSH, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution, and by Section 250.06(4), Florida Statutes, and all other applicable laws, do hereby promulgate the following Executive Order, to take immediate effect:



Section 1.



Based upon the foregoing, I hereby find that the public welfare requires that the Florida National Guard train to support law-enforcement personnel and emergency-management personnel in the event of civil disturbances or natural disasters and to provide training support to law-enforcement personnel and community-based organizations relating to counter drug operations.



Section 2.



I hereby delegate to The Adjutant General of the State of Florida all necessary authority, within approved budgetary appropriations or grants, to order members of the Florida National Guard into active service, as defined by Section 250.27, Florida Statutes, for the purpose of training to support law-enforcement personnel and emergency-management personnel in the event of civil disturbances or natural disasters and to provide training support to law-enforcement personnel and community-based organizations relating to counter drug operations.



Section 3.



The Florida National Guard may order selected members on to state active duty for service to the State of Florida pursuant to Section 250.06(4), Florida Statutes, to assist FDLE in performing port security training and inspections. Based on the potential massive damage to life and property that may result from an act of terrorism at a Florida port, the necessity to protect life and property from such acts of terrorism, and inhibiting the smuggling of illegal drugs into the State of Florida, the use of the Florida National Guard to support FDLE in accomplishing port security training and inspections is "extraordinary support to law enforcement" as used in Section 250.06(4), Florida Statutes.



Section 4.



The Adjutant General shall not place members of the Florida National Guard into active service for longer than necessary to accomplish the purposes declared herein.



Section 5.



This Executive Order supersedes Executive Order Number 01-17. Executive Order Number 01-17 is hereby revoked.



Section 6.



This Executive Order shall remain in full force and effect until the earlier of its revocation or June 30, 2003.



IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capitol, this 7th day of September 2001.

http://sun6.dms.state.fl.us/eog_new/eog/orders/2001/september/eo2001-261-09-07-01.html This is not martial law.



Rense and others move on to another Executive Order signed by Bush on 9/11, though, and suggest maybe THAT imposed martial law. (Which suggests they weren't too convinced about the previous order, perhaps, but we'll let that pass.): Governor "Jeb" then signed Florida Executive Order No. 01-262 immediately after the second WTC tower fell. Florida was the first STATE to declare a "State of Emergency" and did so before New York State or the Federal Washington City leaders did, yet there were no "terroristic" incidents that had taken place. Florida EO 01-262 states, in part:



"I hereby declare that a state of emergency exists in the State of Florida... The authority to suspend the effect of any statute or rule governing the conduct of state business, and the further authority to suspend the effect of any order or rule of any governmental entity... The authority to seize and utilize any and all real or personal property as needed to meet this emergency... The authority to order the evacuation of any or all persons from any location in the State of Florida, and the authority to regulate the movement of any or all persons to or from any location in the State; The authority to regulate the return of the evacuees to their home communities... I hereby order the Adjutant General to activate the Florida National Guard for the duration of this emergency."



There is no declared expiration of this Florida Executive Order. In case you haven't figured it out yet, Florida is now under martial law and will remain so until this EO is revoked. We tried to warn the people of Florida about this in 1998 when our State Constitution was changed in order to allow this to take place, but no-one listened. See "Martial Law Now Legal in Florida" at http://ecclesia.org/lawgiver/flaconst.asp [broken when we last checked] ).

http://www.rense.com/general14/jebdeclared.htm Here the author equates declaring a "state of emergency" with "martial law". Why? A state of emergency does remove powers from the individual, yes, but "martial law" implies that the military are taking over civilian tasks like policing, running the courts and so on. Here the most you can say is that the National Guard might help manage a situation if there were any trouble (which there wasn't). This isn't martial law, either.



Sceptical? Here's the full text: EXECUTIVE ORDER NUMBER

01-262

(Emergency Management)



WHEREAS, on September 11, 2001 a combination of persons unknown carried out a series of terrorist acts resulting in the destruction of the World Trade Center in New York City and an explosion at the Pentagon, costing the lives of many persons and resulting in injuries to many more; and



WHEREAS, the scale of the destruction and the coordination, orchestration, and timing evident in these acts of terrorism suggest that they may be part of a larger pattern of acts of terrorism; and



NOW, THEREFORE, I, JEB BUSH, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, do hereby promulgate the following Executive Order, to take immediate effect:



Section 1.



Because of the foregoing conditions, I hereby declare that a state of emergency exists in the State of Florida. I further find that the precautions needed to protect the State from a recurrence of such terrorist acts require a coordination of efforts by a number of agencies, and that central authority over these activities will be needed to ensure such coordination.



Section 2.



I hereby delegate to the Department of Law Enforcement the operational authority to coordinate and direct the law enforcement resources and other resources of any and all state, regional and local governmental agencies that the Department may designate to take the precautions needed to protect the State of Florida from terrorist acts. I hereby place all law enforcement resources under the operational authority of the Department of Law Enforcement while this Executive Order remains in effect, and I hereby designate the Commissioner of the Department of Law Enforcement as Incident Commander for this emergency.



Section 3.



I hereby designate the Interim Director of the Division of Emergency Management as the State Coordinating Officer for the duration of this emergency, and as my Authorized Representative. In exercising the powers delegated by this Executive Order, the State Coordinating Officer shall lend all available operational support to the Commissioner of the Department of Law Enforcement, and shall confer with the Governor to the fullest extent practicable. In accordance with Sections 252.36(1)(a) and 252.36(5), Florida Statutes, I hereby delegate to the State Coordinating Officer the following powers, which he shall exercise as needed to meet this emergency:



The authority to activate the Comprehensive Emergency Management Plan;

The authority to invoke and administer the Statewide Mutual Aid Agreement, and the further authority to coordinate the allocation of resources under that Agreement so as best to meet this emergency;

The authority to invoke and administer the Emergency Management Assistance Compact and other Compacts and Agreements existing between the State of Florida and other States, and the further authority to coordinate the allocation of resources from such other States that are made available to the State of Florida under such Compacts and Agreements so as best to meet this emergency;

The authority to distribute any and all supplies stockpiled to meet the emergency;

The authority to suspend the effect of any statute or rule governing the conduct of state business, and the further authority to suspend the effect of any order or rule of any governmental entity, to include, without limiting the generality of the foregoing, any and all statutes and rules which affect budgeting, printing, purchasing, leasing, procurement, and the conditions of employment and the compensation of employees; provided, however, that the State Coordinating Officer shall have authority to suspend the effect of any statute, rule or order only to the extent necessary to ensure the timely performance of vital emergency response functions;

The authority to relieve any and all state agencies responsible for processing applications or petitions for any order, rule, or other final action subject to the Administrative Procedure Act, as amended, from the deadlines specified in that Act and in other applicable laws for the duration of this emergency, if the State Coordinating Officer finds that such deadlines cannot be met because of this emergency;

The authority to direct all state, regional and local governmental agencies, including law enforcement agencies, to identify personnel needed from those agencies to assist in meeting the needs created by this emergency, and to place all such personnel under the direct command of the State Coordinating Officer to meet this emergency;

The authority to seize and utilize any and all real or personal property as needed to meet this emergency, subject always to the duty of the State to compensate the owner;

The authority to order the evacuation of any or all persons from any location in the State of Florida, and the authority to regulate the movement of any or all persons to or from any location in the State;

The authority to regulate the return of the evacuees to their home communities; and

The authority to designate such Deputy State Coordinating Officers as the State Coordinating Officer may deem necessary to cope with the emergency.



Section 4.



I hereby order the Adjutant General to activate the Florida National Guard for the duration of this emergency, and I hereby place the National Guard under the direction of the State Coordinating Officer for the duration of this emergency.



Section 5.



In accordance with Sections 252.36(5)(a) and 252.46(2), Florida Statutes, all statutes, rules and orders are hereby suspended for the duration of this emergency to the extent that literal compliance with such statutes, rules, and orders may be inconsistent with the timely performance of emergency response functions.



Section 6.



I hereby give all agencies with employees certified by the American Red Cross as disaster service volunteers within the meaning of Section 110.120(3), Florida Statutes, the authority to release any such employees for such service as requested by the American Red Cross as needed to meet the emergency.



IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, the Capitol, this 11th day of September, 2001.

http://sun6.dms.state.fl.us/eog_new/eog/orders/2001/september/eo2001-262-09-11-01.html A state of emergency isn’t “martial law”, even though some people may use the term interchangeably, as MSN Slate pointed out in their article on New Orleans and Katrina: On Tuesday reports began circulating that New Orleans officials had put the flood-ravaged city under martial law. The attorney general's office of Louisiana quickly issued a denial. Confusion persisted, however, after White House press secretary Scott McClellan told a group of journalists on Wednesday that "martial law has been declared in Mississippi and Louisiana." Yesterday National Guard Lt. Gen H. Steven Blum sought to set the record straight, saying, "This is not, as it has been erroneously reported, martial law." What is martial law? And who can declare it?



Martial law occurs when the military assumes police powers because local authorities and courts aren't functioning. Although the president usually imposes martial law, federal regulation allows for a "local commander" to do so "on the spot, if the circumstances demand immediate action." Federal armed forces are expected to relinquish these powers as soon as the local government is once again operable. During martial law, the military may arrest and try civilians, seize private property, and institute curfews, among other emergency powers.



In practice, however, martial law has been all but barred since the late 19th century. During the Civil War, President Lincoln suspended habeas corpus and set up military courts in several states in the South and Midwest. Many at the time felt that Lincoln had superseded his authority, and in 1878 Congress passed the Posse Comitatus Act, which forbids the military from performing civilian law enforcement without congressional approval.



The Posse Comitatus Act effectively limited the president's power to declare martial law, but it did not entirely end it. After the bombing of Pearl Harbor in 1941, the governor of Hawaii called for martial law. President Roosevelt approved the motion, and the islands remained under military authority until October of 1944.



Additionally, governors can still request that the president immediately dispatch federal troops to assist police during emergencies. This happened during two notable instances of rioting in recent history—at the 1968 Democratic Convention in Chicago and after the verdict was handed down in the Rodney King trial in Los Angeles in 1992. Neither instance constituted martial law (or violated Posse Comitatus) since federal troops were supporting and not supplanting local leaders.



During the 1987 Iran-Contra scandal, it was revealed that Oliver North had helped FEMA draft plans to overrule Posse Comitatus and impose martial rule if a major instance of civil unrest occurred. More recently, civil libertarians have worried that the military may become the de facto enforcer of law if the United States is attacked.



The Katrina relief effort includes military assistance, but it is not martial law. National Guard units are acting under the direction of governors, and federal troops are providing humanitarian relief. Neither of these violates Posse Comitatus. While martial law has not been imposed, a state of emergency has been declared in Louisiana, Mississippi, Alabama, and Florida, signaling that some civil liberties, such as the right to congregate, may be limited because of extreme conditions.

http://www.slate.com/id/2125584/nav/tap1/ Need more? WorldNetDaily have occasionally been sceptical of the "official account" of 9/11 (see "The downing of United Airlines Flight 93"), but they had little support for the "martial law" claims: Although the Florida code acknowledges the implicit power of a governor to declare martial law, it wasn't clear from the information at hand whether he had actually done so by executive order. Officials in the Jeb Bush administration vehemently denied he had.



"Absolutely not," exclaimed Jim Loftus of the Division of Emergency Management, when asked if the state of Florida was under martial law.



"The governor [in EO 01-262] invoked Statute 252 [of Title XVII] in Florida law that grants him emergency powers and allowed him to issue an executive order declaring a state of emergency," Loftus said. "The statute gives the governor a broad array of power in Florida, basically because if Florida were to be threatened with another Hurricane Andrew or any kind of disaster, like fires, the governor has to be able to direct state resources as quickly as possible in order to protect the health and safety of Floridians. The legislature (in the early '90s) agreed with this and made a statute that gives him this power."



The governor's press office responded to WorldNetDaily queries by forwarding a letter that Daniel Woodring, Bush's assistant general counsel, had written to a concerned Floridian explaining the executive orders.



"While Governor Bush has taken appropriate steps to deal with this terror attack, he has not in any shape, form or fashion, instituted martial law in Florida," Woodring wrote. "Martial law is when military authorities control all civilian affairs, and military law, not civilian law, is followed. The civilian authorities in Florida are fully operational and fully in control....



Woodring said the order [EO 01-261] did not give the Florida National Guard any authority over civilian matters...



Jon Myatt, public affairs officer with the Florida Department of Military Affairs, the National Guard's home agency, discussed with WorldNetDaily the role of the Guard and its relationship with other agencies during these recurrent states of emergency and whether the recent call-up constituted martial law. "The governors have the authority to use the Florida National Guard to augment their law enforcement, but that's not martial law," said Myatt emphatically.



In his words: "When the governor declares a state of emergency and calls out the National Guard, all that means is we're to guard our humanitarian and security roles. For guidance, instruction and direction, we fall under the lead agency within the state. In the case of an emergency, that's the Division of Emergency Management, and in the case of security, it's the Florida Department of Law Enforcement. Because those agencies are run by civilians who are appointed by the governor, it is civilian control of the military. All we are is the labor for executing a part of law enforcement that already exists."



Myatt stressed that the National Guard is in a "support role" to local law enforcement, and has no powers to arrest and hold.



"We have the ability to detain, but not to arrest and charge," he explained. "To 'detain' is when there's an incident or someone threatens the life or safety or property of the facilities or area where our Guardsmen are assigned to protect or guard. We can stop and detain a person, but then civilian law enforcement has to come in to arrest and charge. 'Arrested' means you're brought to the station, 'charged' means that charges are lodged against you. We don't have any of that authority. We only have the authority to detain somebody until civilian law enforcement arrives. … We're only providing safety; so we can help to deconflict an incident to get it under control, but civilian law enforcement has to take it from there.



"Look to the root word: martial. That means the military would be the power in control, and that is simply not the case. We fall under civilian authority. But people will see a military person out there and they think it's martial law – but martial law is when the government has been taken over by the military and the military runs the law enforcement and security effort for a state or a country. That's not happened here."

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=25051