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Executive Order Overrides War Dissent?

Executive Order Overrides War Dissent?

One interpretation of the Executive Order “Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq” is that is actually provides the President with the authority to confiscate the assets of whoever opposes the US-led war.

A presidential Executive Order issued on July 17th, repeals with the stroke of a pen the right to dissent and to oppose the Pentagon’s military agenda in Iraq. …

In substance, under this executive order, opposing the war becomes an illegal act. The Executive Order criminalizes the antiwar movement.

It is intended to “blocking property” of US citizens and organizations actively involved in the peace movement. It targets those “Certain Persons” in America who oppose the Bush Administration’s “peace and stability” program in Iraq, characterized, in plain English, by an illegal occupation and the continued killing of innocent civilians.

The Executive Order also targets those “Certain Persons” who are “undermining efforts to promote economic reconstruction”, or who, again in plain English, are opposed to the confiscation and privatization of Iraq’s oil resources, on behalf of the Anglo-American oil giants.

The order is also intended for anybody who opposes Bush’s program of “political reform in Iraq”, in other words, who questions the legitimacy of an Iraqi “government” installed by the occupation forces.

Moreover, those persons or nongovernmental organizations (NGOs), who provide bona fide humanitarian aid to Iraqi civilians, and who are not approved by the US Military or its lackeys in the US sponsored Iraqi puppet government are also liable to have their financial assets confiscated.

The executive order violates the First, Fourth and Fifth Amendments of the US Constitution. It repeals one of the fundamental tenets of US democracy, which is the right to free expression and dissent. The order has not been the object of discussion in the US Congress.

I would love to hear from anyone who has expertise in law, especially constitutional law. It seems that many of these documents are so vaguely worded that it is simply a matter of if/when the administration decides to interpret it to its own goals.

The thing that bothers me the most about this order is that it is intended to be used against American citizens. On the one hand, it could be a useful tool to stop plans for violence. On the other hand, it looks as though it all depends on who interprets what counts as “undermining reconstruction” and so on.

America, where have we gone

America, where have we gone

Where have we gone, America?

On Staged “Terrorist” Attacks and Dictatorship

Impeach Now or Face the End of Constitutional Democracy, Paul Craig Roberts, Counterpunch

Unless Congress immediately impeaches Bush and Cheney, a year from now the US could be a dictatorial police state at war with Iran. Bush has put in place all the necessary measures for dictatorship in the form of “executive orders” that are triggered whenever Bush declares a national emergency. Recent statements by Homeland Security Chief Michael Chertoff, former Republican senator Rick Santorum and others suggest that Americans might expect a series of staged, or false flag, “terrorist” events in the near future.

(thanks to John Gamble)

On Executive Order “Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq,” July 17, 2007

This order allows the Executive Branch to freeze assets – without evidence, notice, oversight, trial or appeal – in a chain of perceived culpability. Even representative legal services could be interpreted to be a form of support.

The Treasury Secretary has sole discretion to determine who is in violation of this order, in ‘consultation’ with the Secretary of Defense and the Secretary of State. That last part is verbiage; Treasury has the power per this order. Even better, the Secretary of Treasury has the explicit authority to delegate this decision to any flunky or flunkies of his choice per Sec. 6. This order applies to all persons within the United States. If Treasury declares that a person is a ‘SIGNIFICANT RISK’ to commit violence in Iraq, or a ‘SIGNIFICANT RISK’ to support violence in Iraq in any way, or to have assisted in any way a person who is a ‘SIGNIFICANT RISK’ to do so, all their assets are to be immediately frozen.

It is a further violation of the order to make a donation to such a person whose assets have been frozen. (I was being literal when I said ’starve’ them. Such a person would have no legal means of acquiring food, clothing, or shelter. They couldn’t buy it with frozen assets, nor accept it as a gift, and stealing is already illegal.)…

Oh, I probably don’t need to mention the obvious, but the lack of due process, lack of evidentiary requirements, and the vagueness surrounding exactly what constitutes a violation make this order a totalitarian dream. And there is no end to the ‘daisy chain’ it creates, either. If you donate money to a person whose assets were frozen because they gave money to a person who was declared to be a ‘significant risk’ to commit or support violence in Iraq, then you are subject to the order, subject to have your assets frozen, and anyone helping you thereafter gets the same treatment. This order is far in excess of the presidential orders from 20+ years ago that were circulated to make us afraid of the government.

(From Shakesville, via Frogs and Ravens)

On Obstruction of Justice and the Expansion of Executive Privilege

No, the documents will not be forthcoming. No, they don’t have to testify. No, they won’t be held in contempt. No, Congress will not be allowed to pursue this matter.

Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, “whose duty it shall be to bring the matter before the grand jury for its action.” But administration officials argued yesterday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege. …

Mark J. Rozell, a professor of public policy at George Mason University who has written a book on executive-privilege issues, called the administration’s stance “astonishing.” “That’s a breathtakingly broad view of the president’s role in this system of separation of powers,” Rozell said. “What this statement is saying is the president’s claim of executive privilege trumps all.”

The administration’s statement is a dramatic attempt to seize the upper hand in an escalating constitutional battle with Congress, which has been trying for months, without success, to compel White House officials to testify and to turn over documents about their roles in the prosecutor firings last year.

On Bush’s Veto Choices

The White House said that President Bush would veto a bipartisan plan drafted over the last six months by senior members of the Senate Finance Committee to expand the Children’s Health Insurance Program which is set to expire Sept. 30. The vow puts Mr. Bush at odds with the Democratic majority in Congress, with a substantial number of Republican lawmakers and with many governors of both parties, who want to expand the popular program to cover some of the nation’s eight million uninsured children. According to the Congressional Budget Office, the bipartisan plan “would reduce the number of uninsured children by 4.1 million.”

On the Iraq War and Occupation

The Iraq war is lost, Peter Galbraith

The case for the war is no longer defined by the benefits of winning — a stable Iraq, democracy on the march in the Middle East, the collapse of the evil Iranian and Syrian regimes — but by the consequences of defeat.

Constitutionally, Iraq’s central government has almost no power, and the Bush administration is partially to blame for this. When the constitution was being drafted in 2005, the United Nations came up with a series of proposals that would have made for a more workable sharing of power between regions and the central government. The U.S. Embassy stopped the U.N. from presenting these proposals because it hoped for a final document as centralized as (and textually close to) the interim constitution written by the Americans. …

For the most part, Iraq’s leaders are not personally stubborn or uncooperative. They find it impossible to reach agreement on the benchmarks because their constituents don’t agree on any common vision for Iraq. The Shiites voted twice in 2005 for parties that seek to define Iraq as a Shiite state. By their boycotts and votes the Sunni Arabs have almost unanimously rejected the Shiite vision of Iraq’s future, including the new constitution. The Kurds’ envisage an Iraq that does not include them. In the 2005 parliamentary elections, 99 percent of them voted for Kurdish nationalist parties, and in the January 2005 referendum, 98 percent voted for an independent Kurdistan.

But even if Iraq’s politicians could agree to the benchmarks, this wouldn’t end the insurgency or the civil war. Sunni insurgents object to Iraq’s being run by Shiite religious parties, which they see as installed by the Americans, loyal to Iran, and wanting to define Iraq in a way that excludes the Sunnis. Sunni fundamentalists consider the Shiites apostates who deserve death, not power. The Shiites believe that their democratic majority and their historical suffering under the Baathist dictatorship entitle them to rule. They are not inclined to compromise with Sunnis, whom they see as their long-standing oppressors, especially when they believe most Iraqi Sunnis are sympathetic to the suicide bombers that have killed thousands of ordinary Shiites. The differences are fundamental and cannot be papered over by sharing oil revenues, reemploying ex-Baathists, or revising the constitution. The war is not about those things….

In laying out his dark vision of an American failure, Bush never discusses Iran’s domination of Iraq even though this is a far more likely consequence of American defeat than an al-Qaida victory.

On Lack of Accountability for Weakening our Intelligence Network and Outing a CIA Agent

U.S. District Judge John D. Bates dismissed former CIA operative Valerie Plame’s lawsuit against members of the Bush administration in the CIA leak scandal. Plame, the wife of former Ambassador Joseph Wilson, had accused Vice President Dick Cheney and others of conspiring to leak her identity in 2003. Plame said that violated her privacy rights and was illegal retribution for her husband’s criticism of the administration. Bates argued that such efforts (treason?!) are a natural part of the officials’ job duties, and “immune from liability.” Bates dismissed the case against all defendants (Cheney, White House political adviser Karl Rove, former White House aide I. Lewis “Scooter” Libby and former Deputy Secretary of State Richard Armitage) and said he would not express an opinion on the “constitutional arguments.”

How many CIA operatives and informants are dead or compromised because of this? How much vital intelligence have we missed because of this? Review again the kind of work that Valerie Plame had been doing…

Bates? A Bush appointee, additionally appointed by Chief Justice Roberts in February 2006 to serve as a judge of the United States Foreign Intelligence Surveillance Court, which is currently overseeing the warrantless spying operations.

Cheney, Cheney

Cheney, Cheney

Oh, the VEEP – Keep an eye on the Washington Post Cheney 4-part series by Barton Gellman and Jo Becker, which will draw on interviews with 200+ people who worked for, with or in opposition to Cheney’s office.

I hope this will open some eyes.

Part I was published today.

Cheney brought a four-page text, written in strict secrecy by his lawyer. He carried it back out with him after lunch.

In less than an hour, the document traversed a West Wing circuit that gave its words the power of command. It changed hands four times, according to witnesses, with emphatic instructions to bypass staff review. When it returned to the Oval Office, in a blue portfolio embossed with the presidential seal, Bush pulled a felt-tip pen from his pocket and signed without sitting down. Almost no one else had seen the text.

Cheney’s proposal had become a military order from the commander in chief. Foreign terrorism suspects held by the United States were stripped of access to any court — civilian or military, domestic or foreign. They could be confined indefinitely without charges and would be tried, if at all, in closed “military commissions.”

“What the hell just happened?” Secretary of State Colin L. Powell demanded.

Read more…

Oh, and Dick Cheney is still refusing to comply with an executive order governing the handling of classified information. He has treated “as classified” information like the names of industry executives who advised his energy task force, costs and other details about his travel, and Secret Service logs showing who visits his office or official residence. He recently tried to abolish the office that sought to enforce those rules.

Cheney’s office claims it doesn’t have to comply with the order because it is not an “agency” or “entity” within the executive branch, according to Henry Waxman, chairman of the House Committee on Oversight and Government Reform, which is investigating the matter.

Waxman scoffed at the assertion, calling it “an absurdity for the ages.”

“The vice president is pretending he isn’t part of the executive branch and the White House is pretending that the rules for protecting classified information are being followed,” he said in a statement.

“The vice president can’t unilaterally decide he is his own branch of government and exempt himself from important, commonsense safeguards for protecting classified information. And he can’t insist he has the powers of both the executive and the legislature branches but the responsibilities of neither. Our Constitution doesn’t work that way,” he said.

Attorney General Alberto Gonzales was asked in January to resolve the legal dispute, but he has not yet ruled on the issue.

Other Cheney news bits:

And here’s a very interesting story…

Will BAE Scandal of Century Bring Down Cheney?

Addendum 6/25: Very interesting that it appears through a Lyndon LaRouche publication. Man. I wouldn’t normally be given to linking anywhere near there, but if this story holds any truth to it… comment if you’ve seen anything about this anywhere else.

Here are some other links, just in case. One person wasn’t able to click through on the above link.

Here is original article by Jeffrey Steinberg (see also Cheney Plots New Wars To Save His Hide):

http://www.larouchepub.com/other/2007/3426bae_cheney.html

http://www.ichblog.eu/content/view/1761/2/

On the same topic, by Lyndon LaRouche:

http://www.blacklistednews.com/view.asp?ID=3545

http://www.just-international.org/article.cfm?newsid=20002298