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"...evidence related to some "germ-warfare" source-zero has been refuted .."
(The Scullery)--Characterized as a "war," the virus COVID-19 has swept across the United States and created historic economic and health crises. The President has enacted several emergency powers to insure a supply of personnel to meet the physical demands of containment. Through a series of recently issued orders, the President has ordered the recall of up to one million reservists from all branches of the US military to active duty:
EO to Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the Armed Forces to Active Duty | The White House
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and in furtherance of Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), which declared a national emergency ...
Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak
Start Printed Page 15337 Proclamation 9994 of March 13, 2020 A Proclamation In December 2019, a novel (new) coronavirus known as SARS-CoV-2 ("the virus") was first detected in Wuhan, Hubei Province, People's Republic of China, causing outbreaks of the coronavirus disease COVID-19 that has now spread globally.
Authority is muddled in a quagmire of definitions and US code titles that give the executive the ability to bypass Congressional approval for sending troops into harm's way without a formal declaration of war. In direct contrast to state requirements for shelter-in-place, the executive reservist callup places even more young women and men into life threatening positions as they are forced to perform duties they have been relieved of doing because of their completed commitment to service.
Vague definitions as to where the right to execute the callup are found throughout. The callup is based on Proclamation 9994 issued by the White House on 13 March and cites a number of various codes and sections centered around Section 12302 of Title 10, USC. That particular section becomes bogged down in amendments related to terrorist attacks and eventually leads to definitions found in Title 50, Chapter 40, Section 2303;
"(1) The term “weapon of mass destruction” means any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of—
(A ) toxic or poisonous chemicals or their precursors;
(B) a disease organism; or
(C) radiation or radioactivity." (definitions)
Even though subparagraph (B) refers to "a disease organism," it is clear it is in context with a weapon of mass destruction (WMD). In other words, the callup is based on a WMD clause even though there is no proof that the COVID-19 virus is directly linked to a bona-fide WMD origin. In fact, all of the evidence related to some "germ-warfare" source-zero has been refuted as conspiracy theory with the latest theories still directed at a Wuhan fish market.
The President may have authority to arbitrarily enact an executive order to declare a national emergency but with limitations placed on it for the recall of reservists under the Ready Reserve clauses of the US Code. That may require Congressional approval on a formal declaration of war.
References
Title 10, Section 12302
https://policy.defense.gov/portals/11/Documents/hdasa/references/10%20USC%2012302.pdf
Coast Guard, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2127&num=0&edition=prelim
Retired, https://www.law.cornell.edu/uscode/text/14/2308
Detention, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2314&num=0&edition=prelim
#3735,
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3735&num=0&edition=prelim
definitions, https://www.law.cornell.edu/uscode/text/50/2302
callup, http://www.ecsi.net/militarydef/mildef_uscode.pdf
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