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Msg ID: 2707571 What Are Militias and Are They Legal? ‘Wolverine Watchmen,’ a self-styled  +2/-0     
Author:TheCrow
10/16/2021 10:07:11 AM

Y'all can expect that, sooner or later, the official and organized law enforcement organizations are going to have enough of your brown shirt QAnon bullsh.

What Are Militias and Are They Legal?

‘Wolverine Watchmen,’ a self-styled militia, is tied to alleged plot to kidnap Michigan governor

Armed individuals stood outside Michigan Gov. Gretchen Whitmer's office in April as protesters called for the reopening of businesses ordered closed during the pandemic.

PHOTO: SETH HERALD/REUTERS

Concerns about such groups from law-enforcement officials have been mounting, particularly after protesters armed with AR-15 style rifles showed up at Michigan’s state capitol earlier this year, calling for Gov. Gretchen Whitmer to reopen businesses barred from operating during the coronavirus pandemic.

Law-enforcement officials and researchers have also expressed concerns that private militias will turn up at Election Day polling sites.

What is a militia?

Strictly defined, militias are groups of people supported by the government who can be mobilized to supplement traditional armed services. 

“The U.S. Constitution and state laws use the term ‘militia’ to refer to all able-bodied residents between certain ages who may be called forth by the government when there is a specific need,” according to the Georgetown University Law Center’s website.

Self-described militias encompassing private individuals, however, operate without government authority. The aims of some of the groups can include overthrowing the government and taking the place of law enforcement. Some have responded to events heavily armed, operating in military-style formations, and saying they are simply protecting private property.

Many groups are operating against state laws barring paramilitary training, among other things, law-enforcement experts say.

Do private militias share political beliefs?

Members of the “militia movement” often embrace extreme right-wing views, researchers say. They frequently view government and its leaders as oppressive and acting against the will of the people. They generally favor expansive gun rights and often hold white supremacist views, say those who study them.

The white power and militia movements overlap historically, said Kathleen Belew, a historian at the University of Chicago and author of “Bring the War Home: The White Power Movement and Paramilitary America.”

“Not everybody in militias is a white power activist but many, many white power activists are in the militias from the 1990s forward,” she said.

The militia movement also includes overlapping ideologies. Ms. Belew said she considered another right-wing extremist movement—the boogaloo, who call for a civil war—part of the militia movement.

The movement, like other aspects of the far right, also has its quirks, researchers said. For example, sometimes people of color participate in militia-style groups.

President Trump said a far-right group should “stand back and stand by” at the opening presidential debate recently. Some people who hold far-right ideologies, including self-styled militias, viewed that comment as a call to action, several extremism researchers said. Many adherents of the broader militia movement strongly support the president, researchers said.

Both a private-militia group and police-brutality protesters gathered outside the State Capitol in Lansing in June.

PHOTO: MATTHEW DAE SMITH/LANSING STATE JOURNAL/ASSOCIATED PRESS
Is private-militia activity legal?

Generally speaking, no.

On the one hand, it isn’t illegal to create a group based upon shared political beliefs and call it a militia.

But all 50 states “prohibit private, unauthorized militias and military units from engaging in activities reserved for the state militia, including law enforcement activities,” according to a fact sheet published by the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center.

Some states, including Michigan, also ban “paramilitary activity during or in furtherance of a civil disorder,” according to the Georgetown center.

“In the United States, it is not illegal to be a member of a group or movement which has extreme views,” said Tom O’Connor, a retired Federal Bureau of Investigation special agent who investigated domestic terrorism cases. “It is only when those views are taken to the level of serious criminal violence that the act itself becomes illegal.”

In his 23 years working on domestic terrorism cases at the FBI, Mr. O’Connor said he “had never seen charges brought against a group for calling themselves a militia.”

Are laws against private militias enforced?

Rarely.

Prosecutors are often unaware the laws are on the books, legal experts said. Such laws “are not the bread-and-butter criminal laws that they are used to enforcing,” said Mary McCord, legal director of the Georgetown center.

In addition, “the required legal thresholds are often difficult to meet because they generally require proof that the suspect activities were motivated by an additional specific purpose to foment violence or civil disorder,” said Brian Levin, a former New York City police officer. Mr. Levin now heads the Center for the Study of Hate and Extremism at the California State University, San Bernardino.

Cases against private militia before they actually carry out a plot have been tough to win.

SHARE YOUR THOUGHTS

Should the U.S. strengthen laws against private militias? Join the conversation below.

In 2010, nine members of a Michigan militia group known as the Hutaree were charged with conspiring to kill a law-enforcement officer and to then launch a larger attack at their target’s funeral in a bid to start a war with the government. They were charged with sedition, or a plot to overthrow the government, and weapons charges.

A judge eventually threw out the bulk of the charges, saying that the case was built largely on circumstantial evidence and didn’t show that the group had agreed to actively oppose the government.

Earlier this week, six men were arrested and charged federally with conspiracy to kidnap Gov. Whitmer. Seven other men known to be members or affiliates of the Wolverine Watchmen were charged under Michigan’s antiterrorism act. Two founding members of that group face several counts, including threat of terrorism and gang membership, while the other five face multiple counts, including providing material support for terrorist acts.

“Sedition cases are very difficult to prove,” said Peter Henning, a former federal prosecutor and now a law professor at Wayne State University Law School. “Charging the defendants with kidnapping is a much easier road to go down.”

How is the militia movement organized?

Since the early 1980s, the movement has “followed a strategy of leaderless resistance,” according to Ms. Belew.

Most private militias aren’t hierarchical like terrorist organizations with a clear command and control structure, said Bruce Hoffman, fellow for counterterrorism and homeland security at the Council on Foreign Relations.

“We’re talking about something much more amorphous and fluid…a multiplicity of splinters, or cells in waiting,” said Mr. Hoffman. “That is what is so worrisome about Michigan.”

How prevalent are private militias?

Several-hundred private-militia groups now exist around the country, and they have proliferated in recent years, extremism researchers say.

The militia movement gained steam after the 2008 election of President Barack Obama and the financial crisis of the period, which energized right-wing fringes, according to the Anti-Defamation League. The Three Percenters, a prominent wing of the militia movement, emerged in 2008 and supports the notion that “patriots” must protect Americans from government tyranny, according to the ADL.

Private militias also took part in the 2017 far-right rally in Charlottesville, Va., when an avowed neo-Nazi killed one woman and injured dozens of others.

Michigan in particular has been a hotbed of activity for decades, researchers said. Timothy McVeigh and Terry Nichols, who killed 168 people in the 1995 Oklahoma City bombing of a federal office building, had ties to a prominent self-described militia in the state.

Write to Rachael Levy at rachael.levy@wsj.com



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Msg ID: 2707572 Is the US headed for another Civil War? +2/-0     
Author:TheCrow
10/16/2021 10:14:25 AM

Reply to: 2707571

Or maybe law enforcement won't roll up all the QAnon anti-goverment nutjobs. Maybe these jihadis have learned the hard lessons and can organize and initiate a civil war, killing their fellow Americans to pursue an overthrow the long experiment that was American democracy, civil elections and the voice of the people's choice.

Not looking forward to it, though. A lot of enduring collateral damage even if American democratic institutions win, sooner or later. The Deep South Slave States are still recovering from a much simpler conflict 160 years after...

 

Is it really possible that America could face the possibility of civil war in the near future? It may seem unthinkable, and yet there’s much to worry about.

William G. Gale

2021 national survey by pollster John Zogby found a plurality of Americans (46%) believed a future civil war was likely, 43% felt it was unlikely, and 11% were not sure. War seemed more likely for younger people (53%) than older ones (31%), and for those residing in the South (49%) and Central/Great Lakes region (48%) relative to those in the East (39%).

Meanwhile, Republican Rep. Madison Cawthorn of North Carolina made a false claim regarding election integrity and said, “If our election systems continue to be rigged, then it’s going to lead to one place and that’s bloodshed. … There’s nothing I would dread doing more than having to pick up arms against a fellow American.” (Translation: “It would be a shame if false election claims cause a civil war.”) These kinds of remarks should not be taken lightly.

The recent survey did not ask why people thought civil war was possible or how it could happen. But we believe there are several forces pushing many to imagine the unthinkable.

Hot-button issues: Racial equity, gun control, abortion, election legitimacy, climate change, vaccines, masks—the list goes on. Cultural, economic, and political issues generate outrage and hostility. We already are seeing “border wars” via federalism, with individual states passing major legislation that differs considerably from that in other places. As an illustration, a new Texas law virtually outlaws abortions after six weeks of pregnancy (a time at which many women do not even know they are pregnant), while other states continue to uphold the 1973 Roe v. Wade framework and a clear majority of Americans support legalized abortion.

High levels of inequality and polarization: These hot-button issues are driven in part by the widespread and interrelated divisions that burden the country. Separated by ideology, race, gender, living standards, and opportunities for education and economic advancement, different groups have dramatically different views about public policy and American society. There can be large variations in opinions, depending on the issues.

Winner-take-all politics: The sharp delineation in perspectives does not, in itself, have to bring government to a halt; Tip O’Neill and Ronald Reagan were able to negotiate and reach agreements, for instance. But today’s toxic atmosphere makes it difficult to negotiate on important issues, which makes people angry with the federal government and has helped create a winner-take-all approach to politics. When the stakes are so high, people are willing to consider extraordinary means to achieve their objectives. Winning becomes the goal over almost every other consideration, which leads to …

Belief that the other side doesn’t play fair: One of the most worrisome contemporary signs is the widespread belief that “the other side” is ruthless. Liberals see conservatives limiting voting rights, endangering democracy, and ignoring procedural safeguards, while conservatives think progressives are turning to socialism and disrespecting freedom and liberty. Viewing others with great suspicion and doubting their motives is an indication that faith in the system is eroding and there is little good will in how people deal with one another

Prevalence of guns: As if the problems above were not enough, America has an extraordinary number of guns and private militias. According to the National Shooting Sports Foundation, a gun trade association, there are “434 million firearms in civilian possession” in the United States—1.3 guns per person. Semi-automatic weapons comprise around 19.8 million in total, making for a highly armed population with potentially dangerous capabilities.

Private militias: Rachael Levy of The Wall Street Journal writes that “several-hundred private-militia groups now exist around the country, and they have proliferated in recent years.” Current militias generally are made up of right-wing white men who worry about changing demographics, stagnating wages, and how the shift to a multi-racial and multi-ethnic America will affect them. These groups create the potential for violence because they tend to attract radicalized individuals, train members for violent encounters, and use social media to reinforce people’s existing beliefs. They openly talk about armed rebellion, and some members of these organizations already have engaged in violence and are helping others plan their own assaults and shootings.

STILL, CIVIL WAR IS NOT INEVITABLE

Take a deep breath. Despite the factors above, civil war is not inevitable. Indeed, that scenario faces several limiting factors that hopefully will stop the escalation of conflict. Historically, other than during the 1860s and the Reconstruction period, these kinds of forces have limited mass violence and kept the country together.

Most of the organizations talking about civil war are private, not public entities: When Southern states seceded in 1860, they had police forces, military organizations, and state-sponsored militias. That varies considerably from today, where the forces who have organized for internal violence are mostly private in nature. They are not sponsored by state or local governments and do not have the powers of government agencies. They are voluntary in nature and cannot compel others to join their causes.

There is no clear regional split: We do not have a North/South schism similar to what existed in the 19th century. There are urban/rural differences within specific states, with progressives dominating the cities while conservatives reside in rural communities. But that is a far different geographic divide than when one region could wage war on another. The lack of a distinctive or uniform geographic division limits the ability to confront other areas, organize supply chains, and mobilize the population. There can be local skirmishes between different forces, but not a situation where one state or region attacks another.

A history of working through ballot box: Despite Republicans’ increasing (and false) accusations that elections they lose are fraudulent—GOP candidate Larry Elder made unfounded claims of voter fraud in the recent California recall election before the election even happened!—America has a history of resolving conflict through electoral and political means, not combat.

Although there has been a deterioration of procedural safeguards and democratic protections, the rule of law remains strong and government officials are in firm position to penalize those who engage in violent actions.

We expect that these limiting factors will allow the country to avoid a full-scale civil war. However, with nearly half the country believing this conflict to be likely, we need to take that scenario seriously. This is, after all, not the first time the country has been sharply divided. The 1860s conflagration—a needed step to rid the nation of slavery—lasted four years, cost over 600,000 lives, and had a devastating impact on the economy, political system, and society as a whole. It was a shocking breach of the national union by slave-holders and a demonstration of what happens when basic governance breaks down.

We should not assume it could not happen and ignore the ominous signs that conflict is spiraling out of control. Even if we do not end up in open combat, there could be an uptick in domestic terrorism and armed violence that could destabilize the country. It is time to take steps to safeguard democracy, address societal concerns, and defuse our current tinderbox.



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