Thursday, June 28, 2012

EO - National Emergency

EO 13159:  National Emergency justifies Martial Law        (c) Newsweek

Click here for text of EO13617 

Since taking office, President Obama has signed 145 Executive Orders which by-pass the Congressional Oversight and Legislative Process, and which empower him with significant authority to abrogate the Constitution -- unless Congress challenges him.   

The President Legislates

Executive Orders become Law if Congress does not challenge them within 30 days.

Executive Order 13159,
issued 25 June 2012:

"... the nuclear proliferation created by the accumulation of a large volume of weapons-usable fissile material in the territory of the Russian Federation continues to constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and [I] hereby declare a NATIONAL EMERGENCY to deal with that threat.

We emphasized the terms "continues" and "NATIONAL EMERGENCY" since they tie to previous Executive Orders and national security legislation which authorize the suspension of basic rights under the US Constitution. 

1)  Continues:
The cited "dangerous" nuclear materials have been under Russian control for more than 50 years; they have remained in essentially the same locations and configurations for those five-plus decades.  Why have they suddenly become more of a threat today than they were last week.

2)  National Emergency:
If these conditions have existed, without incident, for 50+ years, how do they achieve "national emergency" status overnight?  At the height of the Cold War, when these materials were mounted on missiles aimed at the United States, they did not constitute a "national emergency"! 

Why now?

Holder Indictment = Obama Impeachment
Has the Administration just noticed these materials?

Are they set to detonate at midnight? 


Does the Administration need a distraction from the Fast&Furious scandal before it reaches Impeachment standards?

Essentially, the declaration of this "NATIONAL EMERGENCY" empowers the President to authorize
1) Martial Law in the US
2) Federal seizure of natural assets (e.g., oil products) -- and the companies which mine, grow, process, and distribute them
3) Federal seizure and regulation of the Internet and cell phone communications
4) Suspension of Habeas Corpus
5) Application of the provisions of the Patriot Act and the National Defense Authorization Act against US citizens who can now be defined as threats to US national security.

We reviewed this scenario in recent Blog Posts:
Obama's Private Army
Martial Law in the US:  Obama's Radical Transformation?

Let's take a look at recent Executive Orders and post-9/11 legislation to see what the threat from the Executive Office to US Citizenry is, based on this declared National Emergency:

The Police will tell you how to think  (c) SodaHead

EO 13603 National Defense Resources Preparedness

The Washington Times summed it up as follows:"... in case of war or NATIONAL EMERGENCY, the federal government has the authority to take over almost every aspect of American Society, to include food, livestock, farming equipment, manufacturing, industry, energy, transportation, hospitals, health care facilities, water resources, defense, and construction -- all of it would fall under the full control of Mr Obama [during a National Emergency].

EO 13556 Controlled Unclassified Information

Establishes White House control over "sensitive but unclassified" [SBU] information produced within the US Government in the name of "National Security".  Essentially, this EO gives the White House the authority to block the release of any information designated as SBU  -- in the event the White House does not want it released [e.g., correspondence relating to AG Holder in the Fast&Furious scandal.

[In the past, sensitive but unclassified information was designated "For Official Use Only"; this EO creates a new, and undefined category for the convenience of the President and to deny transparency].

Cyber-Security:  Admiral McConnell, former Director of National Intelligence [now VP of Defense Contractor Booz Allen] advised:
"US intelligence agencies have unique capabilities that can help protect American companies from cyber espionage and attack, but it will take a crisis [read National Emergency] to change laws to allow that type of cooperation."

We addressed this issue in our Blog post [2/12/2012], noting that Admiral McConnell views the US Constitution as an impediment to national security.
[ ]

We'll tell you what websites you can view
SOPA [Stop Online Piracy Act]   proposed by Rep Lamar Smith (R-TX)], but blocked by Rep Issa
In order to counter on-line piracy, SOPA would authorize:

1) The restriction of free speech through blogs [e.g.,],
2) Blocking domain names from internet traffic [e.g.,],
3) DOJ shutdown of web sites without Due Process
4) Seizure of private citizens' cloud content if hosted by DOJ-designated violator

PIPA [Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act proposed by Sen Patrick Leahy (D-Vt]; blocked by Rep Issa1) Blocks internet access and sharing of digital property.
2) Creates new restrictions on freedom of speech on the internet
3) Authorizes government monitoring of individual IP addresses

The Patient Protection and Affordable Care Act [ObamaCare]

Authorizes a Private Army appears on page 1,312 of the 2,500 page Pelosi-sponsored ObamaCare ["you can read it when we pass it"] which restructures the established and well-regarded Public Health Service [PHS] which is headed by the Surgeon General -- who answers only to the President.   Activation of this Private Army would be authorized in conjunction with a "National [Health] Emergency."  If activated, the Department of Defense would come under the direction of the Surgeon General "... to maintain order and protect the public health."
[ ]

Protect Children From Online Pornographers Act of 2011 [proposed, Lamar Smith (R-TX)], but blocked]
Would authorize:

1) Access to an individual's internet history without "probable cause" merely on the basis of "suspicion" of wrong-doing [not clearly defined]

2) Warrantless Searches -- thus, what the Government couldn't get under the Patriot Act, or the NDAA, it could obtain via this legislation.

The National Defense Authorization Act authorizes the President or a military commander to define or designate a US person as a terrorist, and authorizes:

 1)  Assassination of US Citizens
 2)  Indefinite Detention)  Arbitrary Justice (the President decides the trial venue)
 4)  Warrantless Searches
 5)  Secret Evidence for prosecutions (withheld from defendants)  
 6)  Prosecution of civilians for ill-defined War Crimes; federal officers are immune)
 7)  Secret Courts [i.e., Foreign Intelligence Surveillance Court (FISA)]
 8)   Immunity from Judicial Review for federal agents and judges who violate federal law.
 9)   Continuous electronic surveillance of citizens in general for "National Security.
10)  Extraordinary Rendition (moving US citizens to another country for interrogation)

The Patriot Act
Suspends any and all Constitutional Rights for Terrorists or their US supporters, to include suspension of Habeas Corpus,
Right to Counsel,
Trial by Jury,
All Civil Liberties

1) Warrantless searches of home, business, internet/phone/library/financial records
2) Seizure of personal assets, to include financial accounts and home
3) Imprisonment outside the US
4) Warrantless surveillance, to include "roving wiretaps"
5) Secret trials [at the Foreign Intelligence Surveillance Court]
6) Immunity of federal law enforcement officers for unlawful actions

-- But, that applies only to Foreigners -- unless you're designated a US terrorist under the NDAA.