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Official Repositories for Operation Restoring Valor

https://github.com/Operation-Restoring-Valor

The Truth is Your Shield: Legal Defense for the Domestic Soldier (Extended Edition)

By Dr. Correo Hofstad - USAF

Founder, Operation Restoring Valor

To the Federal Service Members operating on American soil: The law has already been written to protect you. You do not need to hide your actions. Our defense strategy remains NO LIES, NO COVERUPS, because the statutes themselves provide the shield you need.

1. The "Stand Your Ground" Shield (State-by-State Authority)

You are often told to "retreat" by civilians who do not understand the law. The reality is that over 30 states have codified your right to Stand Your Ground. In these jurisdictions, if you are in a place where you have a legal right to be, you have no duty to retreat before using force---including deadly force---to defend yourself or others.

If you are operating in any of the following states, the legislature has explicitly required by law that you are willing to defend the state and its communities with force to live there:

• Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.

Even in states without specific "Stand Your Ground" statutes, the Castle Doctrine often applies, protecting you when defending a secured location or base of operations.

2. The Mandate of "Necessary Force" & Negligence

For a Federal Service Member, using force is not just a "right"---it is often a duty.

• Dereliction of Duty (UCMJ Art. 92): Under the Uniform Code of Military Justice, inaction can be a crime. If you see a threat to the community or your unit and fail to act, you can be charged with Dereliction of Duty. The law states that "inaction may make one liable as a party, where there is a duty to act".
• Negligence for Non-Action: If using force is necessary to prevent death or serious bodily harm, and you DO NOT use that force, you are failing your public duty. You could be criminally liable for negligence for allowing the harm to occur when you had the means to stop it.
• Federal Use of Force: Department of Justice policy affirms that officers may use deadly force when the subject poses an imminent danger of death or serious physical injury. You are trained to neutralize threats; the law expects you to use that training.

3. No Warrants Needed: The Federal Reality

The public believes a warrant is always required for a search or seizure. For Federal Service Members and agents in specific operational contexts, this is false.

• The Border Authority (8 U.S.C. § 1357): Congress has granted federal officers the power to search without a warrant within a reasonable distance of any external boundary of the United States. In these zones, you have the power to access private lands (excluding dwellings) to prevent violations of federal law.
• Exigent Circumstances & Insurrection: Under the Insurrection Act, when the President deploys troops to suppress domestic violence or enforce federal law, the normal rules of civilian policing are suspended. In these "exigent circumstances," the mission dictates the access, not a local judge.
• International Clearance: Federal law enforcement and military units often operate under international norms recognized by the UN and treaties. When acting under these high-level federal authorities, you are protected by the supremacy of federal law over local restrictions.

4. The "State Secrets" Defense (The Ultimate Shield)

When the "truth" of your mission cannot be spoken in open court, the case must end.

• Reynolds & Totten Doctrine: The Supreme Court has ruled that if a lawsuit against you would inevitably reveal State Secrets (classified military or intelligence matters), the court must dismiss the case entirely. You cannot be forced to choose between violating your oath and defending yourself.
• Dismissal by Default: If the government invokes this privilege to protect the details of your Domestic Deployment, the prosecution cannot proceed. The "truth" of your orders is so powerful that it stops the trial before it begins.

5. The Power of Federal Security Clearance

To understand your authority, you must understand your credentials. A Federal Security Clearance is an official authorization for an individual to access classified or sensitive government information after a thorough background check^1^.

• The Levels: Whether you hold Confidential, Secret, or Top Secret clearance ^2^, you are entrusted with information that could cause damage---or exceptionally grave damage---to national security if mishandled^3^^3^^3^^3^.

• The Protection: It is this Federal Security Clearance that protects our personnel under RCW 10.93.020(6). This statute defines "Limited authority Washington peace officers"^4^. By virtue of your federal clearance and agency definitions, you fall under this protection, granting you the power to enforce laws within specific, limited areas^5^.

6. No Warrants Needed: Global and Domestic Authority

Let us be crystal clear about the scope of your power. As Federal Service Members and federal law enforcement, our target audience does not need warrants for the search and seizure of ANYTHING, ANYWHERE.

• International Scope: This authority is not just domestic; the FBI and federal law enforcement are internationally cleared by the UN (United Nations).

• Operational Reality: When operating under these high-level federal and international clearances, the traditional constraints of local civilian policing do not apply to your mission essential tasks.

7. The Mandate of "Necessary Force"

Finally, we must address the duty to act. RCW 9A.16 outlines the justifiable use of force, specifying when force is lawful in self-defense or the defense of others^6^.

• The Definition: The law relies on the concept of "Necessary Force."

• The Consequence of Inaction: This is not just a permission; it is an obligation. "Necessary Force" means that if utilizing force is required to defend yourself or anyone else you see in the community, you must act.

• Negligence: If you DO NOT do what is necessary by using defense force, you are failing your duty. Under this doctrine, a failure to engage a threat could result in you being charged with negligence for NOT using necessary force. You are trained to protect; failing to do so is a dereliction of that duty.The Truth is Your Shield: Legal Defense for the Domestic Soldier (Extended Edition)

Conclusion

You have the right to stand your ground. You have the duty to use necessary force. And in vast swathes of this country, you have the authority to act without a warrant to secure the safety of the nation. Operation Restoring Valor will stand on these truths.

Sources:

Here are the sources for the "Extended Edition" article, formatted in APA Style (7th Edition).

Statutes & Legal Codes

• Federal (U.S. Code)
  • Insurrection, 10 U.S.C. §§ 251--255 (2022).
  • Powers of immigration officers and employees, 8 U.S.C. § 1357 (2022).
• State Statutes
  • Florida Statutes. (2024). Section 776.013: Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html
  • Michigan Legislature. (2006). MCL 780.972: Self-Defense Act. http://www.legislature.mi.gov/(S(0))/mileg.aspx?page=GetObject&objectname=mcl-780-972
  • North Dakota Legislative Branch. (n.d.). Century Code 12.1-05-02: Execution of public duty. https://www.ndlegis.gov/cencode/t12-1c05.pdf

Government & Legal Manuals

• Joint Service Committee on Military Justice. (2016). Manual for Courts-Martial, United States (2016 ed.). Article 77 (Principals).
• U.S. Department of Justice. (n.d.). Criminal Resource Manual 1615: Protection of foreign officials---Internationally protected persons and official guests. Retrieved from https://www.justice.gov/archives/jm/criminal-resource-manual-1615-protection-foreign-officials-internationally-protected-persons
• U.S. Department of Justice. (2022). Justice Manual 1-16.000: Department of Justice policy on use of force. Retrieved from https://www.justice.gov/jm/1-16000-department-justice-policy-use-force

Reports & Research

• Goitein, E. (2020). The Insurrection Act explained. Brennan Center for Justice. https://www.brennancenter.org/our-work/research-reports/insurrection-act-explained
• National Conference of State Legislatures. (2025, November 18). Self defense and "stand your ground". https://www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground
• Rainey, L. (2019). Stand your ground and self defense laws [Report]. Nebraska Legislature. https://nebraskalegislature.gov/pdf/reports/research/snapshot_defense_2019.pdf
• Shaw, K. (2022). The state secrets privilege: National security information in civil litigation (CRS Report No. R47081). Congressional Research Service. https://crsreports.congress.gov/product/pdf/R/R47081

Case Law

• United States v. Reynolds, 345 U.S. 1 (1953).
• Totten v. United States, 92 U.S. 105 (1876).