299 Days: The Community

Chapter 76 You May Leave, Colonel (May 7)

NorthCom was trying to keep control of the military units in the U.S. Most were just scrambling with the relief efforts. They didn’t have time to think about politics right then.

Oath Keepers kicked into action. Its thousands of members refused to comply with unconstitutional orders. Some of those orders were the order to arrest “terrorists,” including U.S. citizens on U.S. soil, who had been designated as terrorists by the President (but in reality were just names on a list compiled by military and law enforcement and civilian politicians). They were to be held indefinitely and without trial. Without trial. In military custody; not the civilian court system. That had been authorized by the 2011 National Defense Authorization Act.

Major Bill Ownes, a military lawyer in the Texas Guard, was one of the thousands of Oath Keepers. There was a meeting of San Antonio-area Texas Guard senior officers, which included Bill. NorthCom briefed them on what was happening and what was about to happen. The NorthCom colonel said that they had activated their plan for combating “civil unrest,” which included seizing civilian weapons, setting up checkpoints, and searches without warrants. The colonel asked if there were any questions. Bill felt a strange calmness and raised his hand.

“I’m JAG,” Bill said, referring to the acronym of a military lawyer, “and have to ask how this is possibly legal, sir.” The colonel seemed annoyed. Who was this major to be questioning him like that?

“The President signed an Executive Order under his war powers,” the colonel responded. “Surely,” the colonel strained to see Bill’s rank insignia, “Major, you understand the President’s broad war powers.”

“Yes, sir,” Bill said. “But he is still subject to the Constitution, which includes the Second and Fourth Amendments. The Treason clause requires a civilian trial for making war on the United States, so the NDAA power for the President to detain ‘terrorists’ in military custody is unconstitutional, sir.”

Silence.

Bill continued, “These measures you at NorthCom describe, sir, would be unlawful orders and none of us need to follow them. In fact, it would actually be illegal to follow them.”

The colonel knew this was coming. They had been dealing with these Oath Keepers assholes in every unit. This major was about to lose his commission.

“You’re done talking, Major,” the colonel barked. “You’re wrong. Our legal staff at the Pentagon has researched this. It’s entirely legal. The NDAA and Insurrection Act allows this. And you will obey a direct order, Major.”

More silence.

Bill stood up. He could not believe how calm he was.

“No, sir,” Bill said. “I will not obey an illegal order.” Bill stood at attention. He now realized the meaning of the phrase “stand up for your rights.” He was literally doing it.

More silence. The colonel was trying to stare him down.

The Texas Guard commander, a brigadier general, spoke up.

“Major Owens is one of my best legal advisors, and I think he’s right,” the Texas Guard general said. “My men will not follow these orders. They are illegal. Is there anything else NorthCom wishes to tell us, Colonel?”

The general had already spoken extensively with the Texas Governor, who was the Guard’s general commander. The general had told the Governor that none of the guard units would follow this federal nonsense. The Texas Governor had watched the Feds botch the Mexican refugee fiasco and he wasn’t about to let them screw up more.

“You may leave, Colonel,” the Texas Guard general said.

Everyone in the room realized that, at that moment, they were witnessing the beginning of the Second Texas Republic.