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July 26, 2007 at 09:33:58

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30 days to absolute tyranny

by Alex Wallenwein (Posted by Elaine)     Page 1 of 3 page(s)

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30 DAYS TO ABSOLUTE TYRANNY
---------------------------------------------------------

30 DAYS TO ABSOLUTE TYRANNY
(Now 23 Days!)
Latest Bush Executive Order Outlaws Iraq War Dissent on Penalty of Full Asset Seizure
In an as yet un-numbered Executive Order (at least the number isn't published), president bush has decreed that your property - all of it - can be taken away at the sole discretion of the Secretary of the Treasury at the mere suspicion that you may commit a crime in the future. You can view and read this latest executive atrocity at the White House website.

An executive order only becomes law if Congress doesn’t overturn it within thirty days after it is published in the Federal Register.

If you own a business, this concerns you. Whether you own it as a sole proprietorship, as a sole shareholder, or even as a partial shareholder of a corporation, you stand to lose all of it if the Secretary thinks you may commit an "act of violence" that may disrupt the war (or peace) effort in Iraq. Naturally, "act of violence" is not defined anywhere in this order.


Once this becomes law, he has all the tools Hitler and Stalin had to keep their respective populations in utter subjection to their will.

The executive order states in Section 1(a) that “all property and interests in property” of “any person 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 - blah, blah, blah (followed by a laundry list of “purposes or effects”).

This means that the triggering factor underlying any such blocking order is a mere “determination” by the Secretary of the Treasury that you pose a “significant risk” of committing an act of violence in the future that has any of the listed purposes or effects. All the Secretary then has to do is to “consult” with the secretaries of state and defense. There is not even a requirement that these two agree with the Treasury Secretary’s “determination”(!)

In other words, if the Secretary of the Treasury says that you “pose a significant risk” of committing an act of violence with 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”, then the 'bushprez' can block you from accessing your bank account, retirement account, credit cards, or “any property or interest in property” that you may own.

That technically includes your house, whether owned or rented, your car or other means of transportation, whether owned or rented, your business, all the way down to your cell phone, toothpaste and underwear, as well as the twenty bucks you loaned your buddy that he hasn’t paid you back yet.

What is there to keep the Secretary of the Treasury from “determining” that you, because you oppose the war in Iraq, are probably one of those extremist hooligans who protested the WTO in Seattle a few years back, or that you are likely to act like one of them even though you haven’t even participated in those riots? War protesters do these things, don’t they? They are all the same, aren’t they?

If the Secretary “determines” that you probably are one of them and that you “pose a significant risk of committing” an act of violence intended to frustrate the war (or even the peace effort) in Iraq, all of your stuff can be taken away from you - or you can be “blocked” from accessing it, which pretty much amounts to the same thing.

You have no legal recourse under this order. No remedy at law. The order does not provide for compensation to you for the taking of your property. There is no due process requirement that will guarantee you a fair hearing in a court of law.

Unconstitutional? You bet!

But you can’t complain about it.

Why is that?

The president has declared a state of emergency back in 2003 (as he recites in this executive order at the end of the paragraph that starts with “I, GEORGE W. BUSH”). That state of emergency has not been rescinded, to this date.

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17 comments


"bushwhack"

Somewhere in the Constitution it states that Congress alone can make laws and that the President is required to faithfully carry them out. Apparently that law doesn’t apply to George W. Bush.

President Bush has devised a way to circumvent the law and short-circuit the system by issuing many Executive Order’s that not only contravene the Constitution, but also cover his ass from prosecution. With hundreds of “Signing Statements,” and Executive Order’s, George W. Bush has created “bush Law.”

Until he is removed from office, George W. Bush will continue issuing “bush Laws,” much faster than Congress can issue legitimate laws. Perhaps the Democratic “leadership” hasn’t considered the ramifications of this fact. Impeachment is the only legal recourse the American people have to check this lawless president. If Congress doesn’t Impeach George W. Bush, he can tie our legal system and government into knots, and continue to “bushwhack” our country.

 

.

 

 

by rabblerowzer (0 articles, 0 quicklinks, 0 diaries, 227 comments) on Thursday, Jul 26, 2007 at 10:00:54 AM

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Reply: LEGAL OPINION

From libertarian email buddy ... and let me point out, the BUSHISTAS do NOT like going to court for clarifications.
V
 
 
See below for good news on EO 51 though, from attorney Larry Becraft.
Mark
Let me correct an erroneous belief floating around the Net regarding that latest Executive Order from Prez Bush. Devvy just wrote an article about this on NWV. That EO is posted here:


Please notice that it is based on the International Emergency Economic Powers Act, codified at 50 U.S.C. 1701, et seq.

The Prez does not have inherent authority to issue EOs except to his own department of the govt. All others depend on statutory authority. Truman tried to seize the steel mills and the Supremes shot that down in Youngstown Sheet & Tube, posted here:

You may read the various sections of the International Emergency Economic Powers Act starting here:

The next section, 1702, provides as follows:

(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


(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.

You may read this section here:

In summary, I do not think this EO will affect most Americans. It generally applies to foreign exchanges and transactions and foreigners.

Larry

by ladybroadoak (39 articles, 20 quicklinks, 12 diaries, 394 comments) on Friday, Jul 27, 2007 at 6:05:08 AM

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watching it burn...

the federal register disposition tables, which give the EO's numbers' are conveniently running in lag back to jan07. monitoring of other insidiously tyrannical EO's can be tracked on the WH EO press releases site.

 

 

by k kelly (0 articles, 0 quicklinks, 1 diaries, 182 comments) on Thursday, Jul 26, 2007 at 10:12:43 AM

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The Congress will do nothing

Even though the Congress can (and should and MUST) stop this EO from going into effect, they will not.

They will do NOTHING, because they are STUPID IDIOTS and they do not believe that this criminal, vile, immoral, lying and disgusting administration would DARE do any such thing.

Or, they are STUPID ENOUGH to believe that an appeal to courts (yeah, that does a lot of good for the person who is bankrupted by this and the millions who are silenced into submission by the fear of it) will overturn it on constitutional grounds, rather than the well-stacked federal appeals and SCOTUS would actually support this piece of "enabling legislation."

THese are the "enabling laws" that will make the USA a nice and pretty little dictatorship.

by Charlie L (2 articles, 4 quicklinks, 1 diaries, 747 comments [2 recommended, 0 rejected]) on Thursday, Jul 26, 2007 at 12:07:19 PM

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You are right but it is complex

The President has a problem called Iraq. There have been a mixture of initiatives, civilian and military, sometimes with inadequate coordination or communication or experience that have allowed Iraq to descend into chaos. A military solution is proving to be ineffective.

This is phase two, cut the suspected arteries of money that fuel dissent. The money can't come from within because nobody has a job.  Often it has been reported that the opposition are just plain folk needing money.  The President has been monitoring the cash flow of the World. They suspect some sums of money are enhancing the resistance, but these are interpretations without supporting data. A person using the informal Middle East banking system may be sending money home to mom or may be sending money home to his brother, the terrorist.   The President wants to make sure that the only money in Iraq comes from the proper hands.

Iran says they want nuclear energy for domestic use. The President says it's for bombs. Who is right? This EO ensures the President's interpretation is right with respect to the movement of money. We will see what happens.  There may be unintended consequences if he shuts off mom's allowance. 

by Bernard (0 articles, 0 quicklinks, 0 diaries, 59 comments [1 recommended, 0 rejected]) on Thursday, Jul 26, 2007 at 3:27:39 PM

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LOL, that's funny.

The whole premise of your argument assumes that the president has any credibility. He is a Damn Liar. He is not to be trusted. In FACT, with his atrocious record, one could reasonably assume that if bush said it, it's very likely to be a damn lie.

by RCG (3 articles, 0 quicklinks, 3 diaries, 348 comments) on Thursday, Jul 26, 2007 at 9:46:25 PM

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Desperation

This goes a lot deeper than what meets the eye: Bush is just the front-man for the NeoCon Party, and they're desperate. The dam is cracking and soon will come the great flood, err, the next installment of false-flag terrorism.

We live in interesting times.

by Co6aka (0 articles, 0 quicklinks, 0 diaries, 68 comments) on Thursday, Jul 26, 2007 at 10:50:37 PM

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Congress needs to wake up!!!

Conceivably there is nothing preventing Bush from using this EO against members of Congress if and when they refuse to fund his disasterous war in Iraq. They better wake up on this one!!!

by ksl (0 articles, 0 quicklinks, 0 diaries, 1 comments) on Friday, Jul 27, 2007 at 1:22:36 AM

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a

Oh, well, personally I'm not planning to undermine the security of Iraq or its government, so I guess this doesn't affect me, and frankly I don't see why any sensible person would do so.

by Tim Budds (0 articles, 0 quicklinks, 0 diaries, 2 comments) on Friday, Jul 27, 2007 at 5:58:52 AM

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Reply: My dear Sir,

 the whole secret is that no one wants to undermine  those things because they do not exist. Thus it means ANYONE can be accused of undermining those things  and I doubt if   you ( if accused) would be able to  prove your innocence ( which actually  contradicts to the rule of law anyway). One great Frenchman said once " If I am accused of trying to put Notre Dame on fire I would run away as fast as I can." That would mean that  the worst thing which can happen is to be accused of something  extremely stupid.

Have you, people ever thought  how come this executive order is so ' Iraq- oriented' when we all seem to want to  ' bring the troops home'? If there are  no Americans in Iraq why the executive order? Ergo- the Iraq situation is supposed to last FOREVER!

by Mark Sashine (72 articles, 19 quicklinks, 269 diaries, 4101 comments [131 recommended, 0 rejected]) on Friday, Jul 27, 2007 at 9:24:43 AM

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"30 days to absolute tyranny" by Elaine

This is Empire and the Americans allowed it to emerge under their very noses! Join the Third World Club of Tyrannical States! Welcome aboard!  

by syed mahdi (1 articles, 0 quicklinks, 0 diaries, 156 comments [17 recommended, 0 rejected]) on Friday, Jul 27, 2007 at 12:54:21 PM

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Why is it almost always the new 2 comment posters

that come in here and spew that right wing nonsense? Well guess what? Mr. new 2 comment poster - Yes, that new unconstitutional fascist executive order worried me terribly for a couple of days - but now I'm too damn pissed to be scared off. And I'm willing to bet that after having some time to mull it over there are many more who feel the same.

So attention any lurking Fascists: if you want to enforce that unAmerican order the way it is none too vaguely implied - you are gonna have to go after about half of your own countrymen. Many of which will be among your friends, your neighbors, and your relatives. For once too, you will have "skin in the game" and there would be many other negative consequences as well. Such as the econmoy tanking. Are you so sure that you're gonna be able to live with all that on your conscience?

So this time you might want to think about what I've said/you might want to think about this before you go off blindly supporting something that will be a catastrophe. It would destroy our country. And ya know, Destroying our country just may have some negative impact on YOU.

by RCG (3 articles, 0 quicklinks, 3 diaries, 348 comments) on Friday, Jul 27, 2007 at 7:01:08 PM

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Executiuve Order for dictator Tyranny for Bush

The Timeline for the Congress to rescind this ORDER ENDS IN AUGUST WHEN THEY WILL BE ON THE ANNUAL AUGUST VACATION. Reid and Pelosi must cancel this adjournment to rescind this order.

by Swami Bogananda (0 articles, 0 quicklinks, 0 diaries, 38 comments) on Saturday, Jul 28, 2007 at 2:40:10 PM

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more info 'bout it

Although the order is limited to those who undermine the stabilization of the government of Iraq, there is a lot that could be interpreted as undermining - jaywalking, littering, and (whoa), dissent! It is also not at the sole discretion of the Sec'ty of Treasury, but also Defense and State, neither of whom would be inclined toward liberal ideas.

It is imperative we call our congresspeople....

by James at IRB (0 articles, 0 quicklinks, 0 diaries, 2 comments) on Sunday, Jul 29, 2007 at 12:08:12 PM

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No, this is different

This new executive order gives the President the power to seize every thing if he THINKS that someone MIGHT commit an act of violence that would threaten stability.

 Furthermore: "Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited." Would that apply to Congressional efforts to nullify this order?

 

by Ellen Theisen (48 articles, 0 quicklinks, 0 diaries, 5 comments) on Monday, Jul 30, 2007 at 9:06:00 AM

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What does "An act or acts of violence" mean?

Ah, the studied ambiguity of the English language.

Common sense would indicate that "An act or acts of violence" should mean "one or more acts of violence",  but it's completely unnecessary to explicitly outlaw two or more of something when only one is needed to violate the law.  Why bother specifying "or acts" (the plural)?

I'll tell you why.  It's because this language introduces the following ambiguity:

It could be intrepreted as "an act (of any kind) or acts of violence".  In other words, the domain of the clause "of violence" could be  "act or acts" (common sense interpretation) or the domain of the clause "of violence" might be only the word "acts".

 So what?

Well, it really is potentially a big deal.  Here's why:

The executive order seems to say that the 4th amendment of the constitution is null and void for someone who  has committed, or poses a risk of committing an act of violence that has the purpose or effect of undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people.

Now, re-read that without the words "of violence" 

The 4th amendment of the constitution is null and void for someone who  has committed, or poses a risk of committing an act that has the purpose or effect of undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people.

Suddenly, this interpretation could apply to any act, violent or otherwise, that opposes what the Secretary of the Treasury believes is necessary to ensure "economic reconstruction" and "political reform" in Iraq. 

For example, suppose a Senator or Congressman advocates the termination of funding for the Iraq war.  That Senator or Congressman might commit some act, like urging others to vote against funding or filibustering funding, for example.  The Senator or Congressman might even, with his or her colleagues, pass a bill (an act) forbiding further expenditures of funds.

These, of course, would not be violent acts, but they would be "acts" nonetheless and the ambiguity of the language of this executive order could be exploited to assert the interpretation that such non-violent acts were also subject to the penalties enumerated in the executive order.

Ridiculous?  Think again.  With a justice department that has shown itself to be perfectly willing to split any hairs necessary to assert their interpretations, who's going to stop them from asserting that the language of the executive order can be applied to non-violent acts (actual or contemplated)?

 Who's going to stop them?

 If a Senator takes the executive order into her attorney and asks-- is it safe for me to introduce legislation outlawing permanent bases in Iraq?  Do you think the attorney will say, "Of course, you're perfectly safe-- this language only applies to acts of violence"?   Or, on the other hand, doesn't it seem more likely that said attorney would reply "It's difficult to say with certainty.  This is a new executive order and there are no precedents or case law, yet, to resolve whether or not this executive order can be applied to non-violent acts."?

If you've ever had any dealings with attorneys, I think you know which response the hypothetical Senator would get.

Now if you were a Senator worth millions of dollars on paper, would you risk opposing the occupation of Iraq with the potential of losing all your assets hanging over you?  

Executive Orders are not just post-it notes that the President dashes off over breakfast.  These are carefully crafted documents.  If there is ambiguity in them, you can bet it's on purpose.

And, if this particular ambiguity was on purpose, then we are facing nothing less that the criminalization of political dissent in this country and the beginning of a dictatorship. 

by Marcus B (1 articles, 0 quicklinks, 1 diaries, 27 comments) on Monday, Jul 30, 2007 at 8:51:13 PM

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Clarification

My previous post is not intended, in any way, to imply that correction of the wording of the executive order would make it acceptable or reasonable.  Under either interpretation, the EO represents a treasonous assault on the U.S. Constitution and an attempt to grab tyrannical power while Congress is in recess.

I merely wanted to point out that the EO is even worse than most posters have heretofore imagined. 

by Marcus B (1 articles, 0 quicklinks, 1 diaries, 27 comments) on Monday, Jul 30, 2007 at 9:04:23 PM

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