posted
The White House released a very interesting executive order on Tuesday that, at first glance, appears to give the executive branch a fairly broad ability to seize property. A couple parts seem to be of particular concern because they are given very vague wording. For example
quote: (i) to have committed, or to pose a significant risk of committing, an act or acts of violence that have the purpose or effect of:
(A) threatening the peace or stability of Iraq or the Government of Iraq; or
(B) undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people;
The treasury department also seems to be given broad powers to seize property under this order.
I know that there are a lot of people online who are really up in arms about this, and at first glance I would tend to agree with them. I'm not sure I'd care for this order under the best of circumstances, but it seems particularly bad considering how little regard for oversight the current administration seems to have. LinkPosts: 2437 | Registered: Apr 2005
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posted
I feel like it's getting to be a waiting game. Can the country survive until the elections without turning into a police state? Time to keep your head down and stay off the radar.
Posts: 3950 | Registered: Mar 2006
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posted
If you do that, aren't you helping the turn towards a police state? Seems like more of a time for hitting the streets and building barricades.
Posts: 10645 | Registered: Jul 2004
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posted
Can congress pass legislation stating that a state of emergency is ended? Or would that have no effect on executive orders that rely on their being a state of emergency?
Posts: 4112 | Registered: May 2001
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§ 1702. Presidential authorities How Current is This?
(a) In general (1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit— (i) any transactions in foreign exchange, (ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, (iii) the importing or exporting of currency or securities, by any person, or with respect to any property, subject to the jurisdiction of the United States; (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.[1] (C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. (2) In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (3) Compliance with any regulation, instruction, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter. (b) Exceptions to grant of authority The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly— (1) any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value; (2) donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title, (B) are in response to coercion against the proposed recipient or donor, or (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or [2] (3) the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 2404 of the Appendix to this title, or under section 2405 of the Appendix to this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or (4) any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages. (c) Classified information In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.
quote: * Belarus (since 2006 for undermining democratic institutions) * Iran (since 1979 for the Iran hostage crisis and subsequent sponsorship of terrorism) * Myanmar (since 1997 for repressing democratic opposition) * Russia (since 2000 to prevent export of weapons-grade uranium) * Sudan (since 1997 for human rights violations and sponsoring terrorism) * Syria (since 2004 for sponsorship of terrorism and pursuit of weapons of mass destruction) * Zimbabwe (since 2003 for undermining democratic institutions)
Four of the active ones predate Bush, although Bush must have renewed each of these annually.
Classes of people covered by such orders:
quote: * extremists in the Republic of Macedonia and the Western Balkans (since 2001) * terrorists who threaten to undermine the Middle East peace process * persons generally that support or threaten to commit terrorism (since 2001) * persons that engage in or support proliferation of weapons of mass destruction (since 1994) * persons involved in international narcotics traffic (since 1995) * former officials of the Ba'ath government of Iraq (since 2003) * associates of Charles Taylor and persons who have unlawfully depleted the resources of Liberia (since 2004) * persons contributing to the conflict in Côte d'Ivoire (since 2006)
Note that the vagueness of these descriptions seem roughly comparable, although I haven't checked the actual language of the orders.
Past uses of the act:
quote: * Haiti (1991-1994) * Iraq (1990-2004 for invading Kuwait) * Kuwait (1990-1991, while occupied by Iraq) * Liberia (2001-2004 for human rights violations) * Libya (1986-2004 for sponsoring terrorism) * Nicaragua (1985-1990 for aggressive activities in Central America) * Panama (1988-1990 for military coup by Manuel Noriega) * Serbia and Montenegro (1992-2003 for sponsoring Serb nationalist groups) * Sierra Leone (2001-2004 for human rights violations) * South Africa (1985-1991 for maintaining apartheid) * UNITA (1993-2003 for interfering with UN peacekeeping efforts) * temporary extension of the Export Administration Act (1984-1985)
So I'm not quite clear how this is "turning" the country toward a police state. If this is police-state-like, then we've been there for a while.
Posts: 26071 | Registered: Oct 2003
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quote:Originally posted by Paul Goldner: Can congress pass legislation stating that a state of emergency is ended? Or would that have no effect on executive orders that rely on their being a state of emergency?
They can pass an act ending it.
The statute states that a concurrent resolution (majorities of both houses, no presidential signature) would suffice, but that mechanism was declared unconstitutional in Chadha. As of now, an actual law (majorities in both houses + presidential signature or 2/3 of each house is required).
Edit: to be clear, the President is acting pursuant to explicit congressional authority in this order.
Posts: 26071 | Registered: Oct 2003
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quote:(B) undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people;
Well there goes all the bank accounts of "Move On.Org", The Democratic National Committee, Barak Obama's presidential campaign and The Daily Show.
Or, if we read it with our own executive take--there goes all the funds of the entire Bush and Cheney families.
Posts: 11895 | Registered: Apr 2002
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posted
"So I'm not quite clear how this is "turning" the country toward a police state. If this is police-state-like, then we've been there for a while."
I think the problem is that this order specifies that citizens of the united states may have their property confiscated if they pose a "significant risk" of commiting an act of violence, that (stuff).
In other words, no due process for citizens of the US that the treasury or dod thinks might commit a violent act.
Posts: 4112 | Registered: May 2001
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quote:In other words, no due process for citizens of the US that the treasury or dod thinks might commit a violent act.
The other ones referenced above don't provide due process for those that, for example, "persons [including U.S. persons] determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to be owned or con- trolled by, or to act for or on behalf of" persons deemed by the above to "materially to assist in, or provide financial or technological support for or goods or services in support of, the narcotics trafficking activities of persons designated in or pursuant to this order."
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