[News] Bush Executive Order: Criminalizing the Antiwar Movement
Anti-Imperialist News
news at freedomarchives.org
Mon Jul 23 11:22:18 EDT 2007
Bush Executive Order: Criminalizing the Antiwar Movement
http://globalresearch.ca/index.php?context=va&aid=6377
by Prof. Michel Chossudovsky
<http://www.globalresearch.ca>Global Research, July 20, 2007
The Executive Order entitled "Blocking Property of Certain Persons
Who Threaten Stabilization Efforts in Iraq" 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.
The Executive Order entitled "Blocking Property of Certain Persons
Who Threaten Stabilization Efforts in Iraq" provides the President
with the authority to confiscate the assets of "certain persons" who
oppose the US led war in Iraq:
"I have issued an Executive Order blocking property of persons
determined to have committed, or to pose a significant risk of
committing, an act or acts of violence that have the purpose or
effect of threatening the peace or stability of Iraq or the
Government of Iraq or undermining efforts to promote economic
reconstruction and political reform in Iraq or to provide
humanitarian assistance to the Iraqi people."
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 allows the Department of Defense
to interfere in financial affairs and instruct the Treasury to "block
the property" and/or confiscate/ freeze the assets of "Certain
Persons" involved in antiwar activities. It targets those "Certain
Persons" in America, including civil society organizatioins, 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.
Sofar, it has not been addressed by the US antiwar movement, in
terms of a formal statement.
Apart from a bland Associated Press wire report, which presents the
executive order as "an authority to use financial sanctions", there
has been no media coverage or commentary of a presidential decision
which strikes at the heart of the US Constitution..
Broader implications
The criminalization of the State is when the sitting President and
Vice President use and abuse their authority through executive
orders, presidential directives or otherwise to define "who are the
criminals" when in fact they they are the criminals.
This latest executive order criminalizes the peace movement. It must
be viewed in relation to various pieces of "anti-terrorist"
legislation, the gamut of presidential and national security
directives, etc., which are ultimately geared towards repealing
constitutional government and installing martial law in the event of
a "national emergency".
The war criminals in high office are intent upon repressing all forms
of dissent which question the legitimacy of the war in Iraq.
The executive order combined with the existing anti-terrorist
legislation is eventually intended to be used against the anti-war
and civil rights movements. It can be used to seize the assets of
antiwar groups in America as well as block the property and
activities of non-governmental humanitarian organizations providing
relief in Iraq, seizing the assets of alternative media involved in
reporting the truth regarding the US-led war, etc.
In May 2007, Bush issued a major presidential National Security
Directive (National Security and Homeland Security Presidential
Directive NSPD 51/HSPD 20), which would suspend constitutional
government and instate broad dictatorial powers under martial law in
the case of a "Catastrophic Emergency" (e.g. Second 9/11 terrorist attack).
On July 11, 2007 the CIA published its "National Intelligence
Estimate" which pointed to an imminent Al Qaeda attack on America, a
second 9/11 which, according to the terms of NSPD 51, would
immediately be followed by the suspension of constitutional
government and the instatement of martial law under the authority of
the president and the vice-president. (For further details, see
Michel Chossudovsky,
<http://www.globalresearch.ca/index.php?context=va&aid=6134>Bush
Directive for a "Catastrophic Emergency" in America: Building a
Justification for Waging War on Iran? June 2007)
NSPD 51 grants unprecedented powers to the Presidency and the
Department of Homeland Security, overriding the foundations of
Constitutional government. It allows the sitting president to declare
a "national emergency" without Congressional approval. The
implementation of NSPD 51 would lead to the de facto closing down of
the Legislature and the militarization of justice and law enforcement.
"The President shall lead the activities of the Federal Government
for ensuring constitutional government...."
Were NSPD 51 to be invoked, Vice President Dick Cheney, who
constitutes the real power behind the Executive, would essentially
assume de facto dictatorial powers, circumventing both the US
Congress and the Judiciary, while continuing to use President George
W. Bush as a proxy figurehead.
NSPD 51, while bypassing the Constitution, nonetheless, envisages
very precise procedures which guarantee the powers of Vice President
Dick Cheney in relation to "Continuity of Goverment" functions under
Martial Law:
"This directive shall be implemented in a manner that is consistent
with, and facilitates effective implementation of, provisions of
the Constitution concerning succession to the Presidency or the
exercise of its powers, and the Presidential Succession Act of 1947
(3 U.S.C. 19), with consultation of the Vice President and, as
appropriate, others involved. Heads of executive departments and
agencies shall ensure that appropriate support is available to the
Vice President and others involved as necessary to be prepared at all
times to implement those provisions." (NSPD 51, op cit.)
The executive order to confiscate the assets of antiwar/peace
activists is broadly consistent with NSPD 51. It could be triggered
even in the absence of a "Catastrophic emergency" as envisaged under
NSPD 51. It repeals democracy. It goes one step further in
"criminalizing" all forms of opposition and dissent. to the US led
war and "Homeland Security" agenda.
----------
ANNEX
TEXT OF THE EXECUTIVE ORDER
July 17, 2007
<http://www.whitehouse.gov/news/releases/2007/07/20070717-3.html>Executive
Order: Blocking Property of Certain Persons Who Threaten
Stabilization Efforts in Iraq
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the International
Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et
seq.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.)(NEA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, find
that, due to the unusual and extraordinary threat to the national
security and foreign policy of the United States posed by acts of
violence threatening the peace and stability of Iraq and undermining
efforts to promote economic reconstruction and political reform in
Iraq and to provide humanitarian assistance to the Iraqi people, it
is in the interests of the United States to take additional steps
with respect to the national emergency declared in Executive Order
13303 of May 22, 2003, and expanded in Executive Order 13315 of
August 28, 2003, and relied upon for additional steps taken in
Executive Order 13350 of July 29, 2004, and Executive Order 13364 of
November 29, 2004. I hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1),
(3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract entered into
or any license or permit granted prior to the date of this order, all
property and interests in property of the following persons, that are
in the United States, that hereafter come within the United States,
or that are or hereafter come within the possession or control of
United States persons, are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in: any person determined by
the Secretary of the Treasury, in consultation with the Secretary of
State and the Secretary of Defense,
(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;
(ii) to have materially assisted, sponsored, or provided financial,
material, logistical, or technical support for, or goods or services
in support of, such an act or acts of violence or any person whose
property and interests in property are blocked pursuant to this order; or
(iii) to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, any person whose
property and interests in property are blocked pursuant to this order.
(b) The prohibitions in subsection (a) of this section include, but
are not limited to, (i) the making of any contribution or provision
of funds, goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant to this
order, and (ii) the receipt of any contribution or provision of
funds, goods, or services from any such person.
Sec. 2. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization; and
(c) the term "United States person" means any United States citizen,
permanent resident alien, entity organized under the laws of the
United States or any jurisdiction within the United States (including
foreign branches), or any person in the United States.
Sec. 4. I hereby determine that the making of donations of the type
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of, any person whose property and interests in
property are blocked pursuant to this order would seriously impair my
ability to deal with the national emergency declared in Executive
Order 13303 and expanded in Executive Order 13315, and I hereby
prohibit such donations as provided by section 1 of this order.
Sec. 5. For those persons whose property and interests in property
are blocked pursuant to this order who might have a constitutional
presence in the United States, I find that, because of the ability to
transfer funds or other assets instantaneously, prior notice to such
persons of measures to be taken pursuant to this order would render
these measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in Executive Order 13303 and expanded in Executive Order
13315, there need be no prior notice of a listing or determination
made pursuant to section 1(a) of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State and the Secretary of Defense, is hereby authorized
to take such actions, including the promulgation of rules and
regulations, and to employ all powers granted to the President by
IEEPA as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government,
consistent with applicable law. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order and,
where appropriate, to advise the Secretary of the Treasury in a
timely manner of the measures taken.
Sec. 7. Nothing in this order is intended to affect the continued
effectiveness of any rules, regulations, orders, licenses, or other
forms of administrative action issued, taken, or continued in effect
heretofore or hereafter under 31 C.F.R. chapter V, except as
expressly terminated, modified, or suspended by or pursuant to this order.
Sec. 8. This order is not intended to, and does not, create any
right, benefit, or privilege, substantive or procedural, enforceable
at law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its officers
or employees, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
July 17, 2007.
----------
<http://www.whitehouse.gov/news/releases/2007/07/20070717-4.html>Below
is the text of the Message to the Congress of the United States
Regarding International Emergency Economic Powers Act
[There has been no response by the US congress or commentary by
individual Senators or Representatives.]
Office of the Press Secretary July 17, 2007
Message to the Congress of the United States Regarding International
Emergency Economic Powers Act
White House News
Executive Order: Blocking Property of Certain Persons Who Threaten
Stabilization Efforts in Iraq
Pursuant to the International Emergency Economic Powers Act, as
amended (50 U.S.C. 1701 et seq.)(IEEPA), I hereby report that I have
issued an Executive Order blocking property of persons determined to
have committed, or to pose a significant risk of committing, an act
or acts of violence that have the purpose or effect of threatening
the peace or stability of Iraq or the Government of Iraq or
undermining efforts to promote economic reconstruction and political
reform in Iraq or to provide humanitarian assistance to the Iraqi people.
I issued this order to take additional steps with respect to the
national emergency declared in Executive Order 13303 of May 22, 2003,
and expanded in Executive Order 13315 of August 28, 2003, and relied
upon for additional steps taken in Executive Order 13350 of July 29,
2004, and Executive Order 13364 of November 29, 2004.
In these previous Executive Orders, I ordered various measures to
address the unusual and extraordinary threat to the national security
and foreign policy of the United States posed by obstacles to the
orderly reconstruction of Iraq, the restoration and maintenance of
peace and security in that country, and the development of political,
administrative, and economic institutions in Iraq.
My new order takes additional steps with respect to the national
emergency declared in Executive Order 13303 and expanded in Executive
Order 13315 by blocking the property and interests in property of
persons determined by the Secretary of the Treasury, in consultation
with the Secretary of State and the Secretary of Defense, to have
committed, or to pose a significant risk of committing, an act or
acts of violence that have the purpose or effect of threatening the
peace or stability of Iraq or the Government of Iraq or undermining
efforts to promote economic reconstruction and political reform in
Iraq or to provide humanitarian assistance to the Iraqi people.
The order further authorizes the Secretary of the Treasury, in
consultation with the Secretary of State and the Secretary of
Defense, to designate for blocking those persons determined to have
materially assisted, sponsored, or provided financial, material,
logistical, or technical support for, or goods or services in support
of, such an act or acts of violence or any person designated pursuant
to this order, or to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or indirectly, any
person whose property and interests in property are blocked pursuant
to this order.
I delegated to the Secretary of the Treasury, in consultation with
the Secretary of State and the Secretary of Defense, the authority to
take such actions, including the promulgation of rules and
regulations, and to employ all powers granted to the President by
IEEPA as may be necessary to carry out the purposes of my order. I am
enclosing a copy of the Executive Order I have issued.
GEORGE W. BUSH
The White House,
July 17, 2007.
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
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