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https://time.com/5905374/armed-rightwing-groups-are-not-militia/?utm_source=facebook&utm_medium=social&utm_campaign=social-share-article&utm-term=ideas_extremism&fbclid=IwAR1okagVjjzSs_ERdeLxpjJ4qfrSIWvexlUtAnTQr0G8_jnUlP4GpNqzYfA
Over the last month, ever since the indictment of 13 men for plotting to kidnap the governor of Michigan, the word “militia” has appeared in thousands of newspaper headlines and TV news reports. The Detroit News: “Feds Say They Thwarted Militia Plot to Kidnap Whitmer.” NPR: “FBI Says Militia Plotted To Kidnap Michigan Governor.” ABC-12: “Militia Members Accused in Whitmer Kidnapping Face Life in Prison.” But all of these headlines are wrong, and almost every instance of the use of the word militia by journalists—as well as politicians and even law enforcement—has been wrong. Why? Because there is no such thing as a legal private paramilitary militia.
But don’t take it from me, here’s Mary McCord, a former Justice department official who is the legal director of the Institute for Constitutional Advocacy and Protection at Georgetown University: “The use of the word ‘militia,’ when you are talking about anything other than a state militia like the National Guard, is just wrong. Using that term without putting the world ‘unlawful’ in front of it suggests there is some constitutional authority or legitimacy for their existence, which there isn’t.”
Let’s say it again, and now let’s make sure that governors and state attorneys general and law enforcement pay attention: All 50 states prohibit private militias. They are illegal. Such organizations were banned starting with the Militia Act of 1903, and then amended by the National Defense Acts of 1920 and 1933. That legislation stated that all “able-bodied residents available to be called forth in defense of the state” were now members of the United States National Guard, which is part of the reserve components of the U.S. Army and Air Force. They are the militia. Period.
