Derek Johnson has garnered significant attention on social media, largely owing to his frequent fixation on the Military Justice Act of 2016 and the Law of War Manual. He burst onto the scene around January 2022, citing military regulations to 'prove' that President Trump remains the President of the United States. He claims this assertion is supported by laws and military regulations. According to Johnson, the two documents mentioned, along with Federal Continuity Directives 1 and 2, serve as the blueprint to substantiate his argument that the former President is still the Commander in Chief of the U.S. Military.
According to Derek Johnson's outline, certain documents suggest that President Trump remains the Commander in Chief of the Armed Forces. To ensure you have access to this information in its current form, we've downloaded it for your reference.
To begin with, in the 1970s, a Senate committee was created to investigate emergency powers given to U.S. presidents by Congress over the years. This was prompted by President Nixon's actions during the Vietnam War. The committee found that presidents had been granted extensive powers during crises, like wars and economic depressions, but these powers were rarely revoked when the crises ended. As a result, presidents could use these powers without Congress's approval. The investigation led to the National Emergencies Act of 1976, which imposed checks and balances on presidential emergency powers, ensuring more accountability and reporting future emergencies.
He begins with Executive Order 12148, signed by President Jimmy Carter on July 20, 1979. Derek asserts that this EO is referred to as the "National Emergency Act of 1976," but that is not accurate. This EO established the Federal Emergency Management Agency (FEMA) and reorganized the federal government's emergency management functions.
The National Emergencies Act (NEA), on the other hand, was passed by the United States Congress and signed into law by President Gerald Ford on September 14, 1976. It was designated as Public Law No: 94-412 and serves as the law that established the legal framework for declaring and managing national emergencies in the United States.
Right from the start, there is misleading information about Derek's blueprint, which doesn't add up. He jumps from 1976 to 2007, skipping major milestones within FEMA and their adjustments to the administrative role in emergency management, including how they manage and distribute federal resources to states during times of crisis. He doesn't mention anything about President Reagan's emergency management measures, flood insurance reforms due to Hurricane Andrew, FEMA's elevation to the Cabinet level, the Oklahoma City bombings in the 1990s, or developments related to 9/11, nor the federal response plans leading up to the National Response Framework.
On the first page of his article, misleading information is evident. Given the existing rebuttal, it may not be worth going through everything he documented, as it shows that he doesn't fully understand the topics he's discussing. And for you the reader, it's paramount to exercise discernment and critical thinking due to the easy access of information. Fact-checking and conducting thorough research are fundamental tools in verifying the accuracy of claims and assertions. The responsibility lies with each of us to cross-reference information and scrutinize the evidence behind any narrative.
Below is a video of Derek Johnson contradictions
The Military Justice Act refers to the United States Military Justice System and the legislative framework governing military justice in the U.S. The Military Justice Act of 2016, took effect January 2019 and introduced reforms and updates to the Uniform Code of Military Justice (UCMJ), which is the foundation of military law in the United States. This would include revisions such as:
The act aimed to modernize and streamline the military justice system by introducing new provisions related to investigations, court-martial procedures, and sentencing.
The act increased the rights and protections for victims of military crimes, including sexual assault and domestic violence.
It eliminated some offenses from the UCMJ and created new offenses to address contemporary issues, such as cybercrimes.
The act introduced changes to sentencing procedures and established a system of sentencing guidelines, which is similar to the civilian federal sentencing guidelines.
The act made various changes to pretrial and post-trial processes, including bail, appeals, and parole.
It's worth noting that the Military Justice Act of 2016 was a significant overhaul of the military justice system, with the goal of enhancing fairness, accountability, and transparency within the U.S. armed forces. The act was designed to bring the UCMJ more in line with modern legal standards and practices.
The Department of Defense Law of War Manual was released in 2015. This manual provides guidance on the law of war, which includes international humanitarian law, the rules and principles that govern the conduct of armed conflict, and the protection of individuals affected by armed conflicts.
The 2015 version of the manual was a significant update to the Department of Defense's understanding and interpretation of the law of war. It covers a wide range of topics related to armed conflicts, such as the distinction between combatants and non-combatants, the treatment of prisoners of war, the use of prohibited weapons, and the protection of civilians during armed conflict.
The manual serves as a comprehensive guide for U.S. military personnel and others involved in the planning and execution of military operations. It outlines the U.S. government's understanding and interpretation of international humanitarian law, which includes the Geneva Conventions and other treaties and customary international law that govern the conduct of armed conflict.
Understand that different countries may have their own interpretations and manuals related to the law of war. While there are international agreements and conventions that set forth certain rules and principles governing armed conflict, there can be variations in how different countries understand and implement these rules. The U.S. Department of Defense's manual is a reflection of the U.S. government's perspective on the subject.
Interestingly, on Derek Johnson's TruthSocial Account as well as Twitter or X, he encourages people to fact-check the information he puts out there. If you'd like to see fact-checking, Please click here. So, it's only fair to take a closer look at his arguments. One of the sticking points is his claim that the United States is operating under a military Continuity of Government (COG), even though official military sources and practices don't seem to support this idea.
Continuity of Government, or COG, is a product of comprehensive continuity planning that involves all branches of government: the Executive, Legislative, and Judicial. The main goal of this planning is to ensure that our constitutional government remains intact and functional, no matter what. So, it's worth examining Johnson's claims in light of these established principles and practices to see if they hold water.
To learn more about the Continuity of Government, visit Chapter 6
Derek Johnson's website, 1776 Nation, features a comprehensive list of information, accompanied by an encouragement for visitors to fact-check the content provided. This practice aligns with his stated commitment to transparency and accuracy, inviting scrutiny and verification of the information presented on the platform.
To that end, several Government Employees, Veterans and Active Duty personnel have reviewed his claims and have provided numerous examples to prove his main points to be inaccurate. Here is a list of main arguments we will discuss and provide factual information to each point using verified sources and incorporating decades of experience, knowledge, and training.
The U.S. is in a Continuity of Government (See "Continuity of Government" below "Contradictions" in this Chapter and Read Chapter 6)
The National Guard has only been federalized by President Trump (Jump to "The National Guard")
Why would President Joe Biden delegate authority to the Secretary of Defense? (Jump to "The Secretary of Defense")
The Law of War Manual spells out how we are witnessing a Military Operation
On this page, we will break down a small segment of key statements that have been published within his Blueprint. View the images to the right. The fourth article is highlighted in yellow at the top. The corresponding images show the statements and below we will outline the false statement and then the corresponding Truth or Fact.
(See 4th paragraph) False Statement: The statement asserting the establishment of the Military and War Articles (Military Law) prior to the Declaration of Independence, the Articles of Confederation, the Constitution, and the Bill of Rights is not supported by historical facts.
Truth and Fact: In the United States, the Military and War Articles, more commonly referred to as the Uniform Code of Military Justice (UCMJ), did not come into existence before the Declaration of Independence or the formation of the United States as an independent nation. The UCMJ was officially enacted by the U.S. Congress in 1950 and serves as the governing body for the military justice system across all branches of the U.S. military.
(See 6th paragraph) False Statement: The assertion that the founding of the military had the sole purpose of preventing war is an oversimplification and does not entirely align with historical realities.
Truth and Fact: The primary mission of the military is to uphold national security and protect the interests of the nation. While defense and the prevention of conflicts are indeed central objectives, the military also maintains readiness to engage in both defensive and offensive actions when necessitated during periods of conflict.
Transition to the last image on the right with 3 highlighted sentences:
False Statement: The statement implies that James Madison had to defend the appearance of a law during the Marbury v. Madison case in 1803.
Truth and Fact: In actuality, the Marbury v. Madison case, which took place in 1803, centered on the establishment of judicial review. It was not James Madison but the Supreme Court that played a pivotal role in this landmark case. Judicial review granted the Supreme Court the authority to interpret the Constitution and determine the constitutionality of laws.
False Statement: The statement suggests that freedom of speech is contingent upon alignment with the Constitution, rendering it null and void for those who do not conform.
Truth and Fact: In fact, freedom of speech is a fundamental right protected by the Constitution, and it applies to all citizens, irrespective of their particular interpretations of the Constitution. The Constitution safeguards individual liberties, and it does not revoke or invalidate freedom of speech based on differing viewpoints or alignments.
False information can readily be located on any page where Derek Johnson presents information to his audience. Let's go over the contradictions:
Contradiction 1: The assertion "This isn't about me, period" appears to conflict with the preceding statement "I've taken the Laws and Orders that are different than any other time in History," implying that the interpretation and actions indeed revolve around Derek Johnson.
Contradiction 2: The declaration "Two, because there are not any Laws and Orders that rescind, revise, or revoke the current and active leading this massive and brilliant Military Operation and Continuity of Government" contradicts the prior statement "I'm simply taking Laws and Orders I didn't write or pass and interpreting them," indicating that the laws and orders in question are not subject to revision or revocation.
Contradiction 3: The assertion "There's nothing in the world that has stopped, will stop, or can stop what's happening" conflicts with the earlier statement "I'm simply taking Laws and Orders I didn't write or pass and interpreting them," implying that the speaker's actions are unstoppable.
Contradiction 4: The statement "Knowledge is NOT power. It's the application that's power" appears at odds with the preceding statement "I've got a simple and easy Blueprint that outlines how Donald John Trump is still Commander-in-Chief by Laws, Orders, Regulations, Statutes, Acts, Codes," suggesting that knowledge (the blueprint) is indeed a source of power.
Contradiction 5: The assertion "I'm simply following the instructions of God who gave me the platform with the ability to retain so much information" contradicts the earlier statement "I'm simply taking Laws and Orders I didn't write or pass and interpreting them," as it implies that the speaker is not solely reliant on external laws and orders but also claims to receive divine instructions.
Contradiction 9: The assertion "I'm simply taking Laws and Orders that are different than any other time in History" contradicts the subsequent statement "There are not any Laws and Orders that rescind, revise, or revoke the current and active leading this massive and brilliant Military Operation and Continuity of Government," suggesting that the laws and orders being interpreted are unique and distinct from historical precedents, while also implying their immutability and non-revisability.
Derek's article is quite lengthy, stretching across a whopping 45 pages. But as we dig deeper into it, it becomes pretty clear that a lot of what he's saying doesn't hold much water. This isn't about tearing him down; it's about fact-checking his claims and pointing out where he's off the mark.
Let's now go into his claim about the Continuity of Government a little bit more in detail click here
Continuity of Government (COG) plays a crucial role within the National Response Framework (NRF). It's essentially about keeping our government running and essential tasks going, even in the face of significant crises. COG is specifically addressed in Emergency Support Function (ESF) #15, which helps different government levels collaborate effectively. In the NRF, COG is highly valued because it safeguards our constitutional government, assists leaders in decision-making, and ensures that vital services remain operational.
This involves identifying the most critical government roles, setting up backup facilities and resources, designating key individuals to sustain operations, and devising plans for managing challenging situations.
In simpler terms, COG focuses on ensuring our government continues functioning and delivers essential services during disruptions. This objective closely aligns with the core National Essential Function: Protecting the constitutional form of government. In light of this context, I will proceed to scrutinize the National Emergency declaration made by President Trump in March 2020, using the information available in Derek Johnson's blueprint as he encourages us to rigorously verify its accuracy on his website, 1776 Nation.
On page 24, Derek Johnson references the 50 United States Code 34 and directs you to Chapter 2, Section 1622 of the United States Code (USC). This citation suggests that specific legal provisions or regulations are being utilized as a basis for his argument or analysis.
In this section, we encounter the subject of the termination of declared national emergencies. The specific reference is made to the pertinent legal provisions, providing readers with a precise citation for further examination.
According to the legal framework, a national emergency declared by the President can be brought to a conclusion through one of two avenues:
The termination of the emergency can occur if a joint resolution, which has the effect of discontinuing the emergency, is passed into law by the legislative branch of government, i.e., Congress.
Alternatively, the President has the authority to issue a proclamation officially ending the emergency.
Yet Derek makes this claim:
The statement in question contradicts the provisions outlined in the United States Code (USC). To simplify the USC's stance:
According to the USC, any national emergency declared by the President can be terminated in one of two ways:
If Congress passes and the President signs into law a joint resolution.
If the President issues a proclamation declaring an end to the emergency.
Upon the occurrence of either of these termination events, the national emergency officially concludes.
Inaccurate Information: The statement asserts that there has been no joint resolution passed.
Correction: Contrary to this claim, Congress did indeed pass a joint resolution as outlined in Chapter 2, effectively bringing an end to the national emergency.
Congress indeed possesses the authority to terminate a national emergency through the enactment of a joint resolution, thereby rendering any powers or authorities exercised under that emergency no longer effective. As per the United States Code (USC) and the provisions for terminating such emergencies:
A national emergency declared by the President can be terminated if:
Congress enacts a joint resolution to terminate the emergency.
The President issues a proclamation to terminate the emergency.
The national emergency shall come to an end on the earlier of the dates specified in:
A joint resolution passed by Congress.
A proclamation issued by the President.
Following this termination, any powers or authorities that were activated as a result of the emergency cease to be operational. This includes the gradual winding down of National Guard and reserve personnel deployment, with a complete cessation of the authorities employed for federal response.
Derek Johnson, despite his influence, often gets things wrong when it comes to laws and how they work. His arguments tend to contradict each other, making it tough for people to understand what's what.
It can be frustrating to see someone like him, who doesn't seem to fully grasp the laws, have such a big impact on others. But it's not uncommon for people on social media to gain followers and influence, even if they're not entirely accurate.
To tackle this, it's crucial for people to think critically and question the information they come across online. Seeking out reliable sources and expert opinions can also help in making sense of complex legal matters and ensuring that accurate information prevails. It's all about empowering individuals to navigate the digital landscape wisely and make informed decisions.
Derek's information can be found by clicking here https://thedocuments.info/