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Oppose the Violent Radicalization and Homegrown Terrorism Prevention Act, HR. 1955 / S. 1959
To: U.S. Senate
We the undersigned strongly oppose the Violent Radicalization and Homegrown Terrorism Prevention Act, HR. 1955 / S. 1959. This legislation does not criminalize conduct, but may well lead to criminalizing ideas or beliefs in violation of the First Amendment. By targeting the Internet, it may result in increased surveillance of Internet communications in violation of the Fourth Amendment.

This bill would establish a Commission to study and report on "facts and causes" of "violent radicalism" and "extremist belief systems." It defines "violent radicalism" as "adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence to advance political, religious, or social change." The term "extremist belief system" is not defined.

"Ideologically based violence" is defined in the bill as the "use, planned use, or threatened use of force or violence by a group or individual to promote the group or individual's political, religious, or social beliefs." Thus, "force" and "violence" are used interchangeably. If a group of people blocked the doorway of a corporation that manufactured weapons, or blocked a sidewalk during a demonstration, it might constitute the use of "force" to promote "political beliefs."

The bill charges that the Internet "has aided in facilitating violent radicalization, ideologically based violence, and the homegrown terrorism process in the United States by providing access to broad and constant streams of terrorist-related propaganda to United States citizens." This provision could be used to conduct more intrusive surveillance of our Internet communications without warrants.

We the undersigned strongly urge the Senate to refuse to pass S. 1959, the Violent Radicalization and Homegrown Terrorism Prevention Act of 2007.


Sincerely,


PETITION LINK:
http://www.petitiononline.com/S1959/petition.html

Track this bills status here:
http://www.govtrack.us/congress/bill.xpd?bill=h110-1955


Military Commission Act 2006

The Military Commissions Act - Questions & Answers

The Military Commissions
Act - Question & Answers
The Center For Constitutional Rights
10-24-6


What New Powers does the Military Commissions Act give to the President? What other objectionable provisions does it include?

· It authorizes the suspension of habeas corpus for non-citizens, including legal permanent residents, in U.S. custody · It authorizes the President to detain anyone, including U.S. citizens, without charge by designating them enemy combatants or unlawful enemy combatants · It authorizes the President to determine what constitutes torture. · It authorizes the use of evidence obtained by coercion · It authorizes the use of hearsay · It authorizes retroactive immunity for U.S military and intelligence officials for abuses that occurred at sites such as, Abu Ghraib, Guantánamo, Bagram and secret CIA facilities. · The definitions of rape and sexual assault are narrower than under international law and have higher thresholds for proof.

How does the Military Commissions Act violate the law?

· It violates the Suspension Clause of the Constitution by denying non-citizens any meaningful opportunity to challenge the legality of their detention · It violates the 6th Amendment by allowing classified evidence which the accused can only see in summary · It violates the 4th Amendment by allowing evidence obtained by coercion or without a warrant or probable cause · It violates the Geneva Conventions by watering down humanitarian law protections of Common Article 3 and by effectively granting a retroactive amnesty to U.S. officials who have tortured detainees

What is the Writ of Habeas Corpus?

· Habeas Corpus, which has it origins in the Magna Carta of 1215, is the "Great Writ" that protects people from arbitrary arrest, disappearance and indefinite detention without charge. The cornerstone of Western justice, it is essential to the idea that laws-not individuals, be they Presidents or kings-govern a land.

What will happen to the cases of detainees who have already petitioned a court for a writ of Habeas Corpus?

· While it is unclear how the government will seek to apply the new law, or what impact it will have on pending cases, the laws states that the suspension of habeas corpus is retroactive

· This challenge will most likely occur first in the Al Odah v. United States of America and Boumediene v. Bush, consolidated cases brought on behalf of 53 Guantánamo detainees, which are pending before the Court of Appeals in Washington, DC. · It is likely that the Government will ask for these cases to be dismissed shortly after the MCA is signed

What is the basis for challenging the "habeas stripping" provision of the MCA?

· The habeas-stripping provision of the MCA (section 6) violates the Suspension Clause of the U.S. Constitution by denying non-citizens any meaningful opportunity to challenge the legality of their detention. · The Suspension Clause specifically permits a suspension of habeas corpus only when "in Cases of Rebellion or Invasion the public Safety may require it." U.S. Const. art. I, § 9, cl. 2. If Congress intends to suspend habeas corpus, it must do so with unmistakable clarity. Congress has not made any finding that this is a time of invasion or rebellion in which the public safety may require a temporary suspension of habeas. Even Ken Starr acknowledged that this is not such a time in his recent letter to Congress opposing the habeas-stripping provision in the MCA. · There are additional constitutional challenges to the MCA, including a possible equal protection challenge since it treats citizens and non-citizens differently.

Does the suspension clause cover non-citizens?

· Yes. Where the Constitution applies, it protects everyone equally. Indeed, it forbids the government from denying individuals the equal protection of the laws based on their citizenship. Nor as a matter of policy should we have two tiers of laws for people in this country.

What are the details of the two new cases CCR filed on behalf of detainees before the bill was signed into law?

Mohammed v. Rumsfeld · There are an estimated 500 men detained in U.S. custody at Bagram Air Force base in Afghanistan. Though some have been held for years, none of these men has ever received a hearing of any sort. Bagram has been the site of notorious examples of abuse - including abuses that led to the December 2002 deaths of two Afghan detainees · On October 2, CCR filed a habeas corpus petition in federal court in Washington, D.C. on behalf of 25 people being held at Bagram. Mohammed v. Rumsfeld directly contests the MCA's denial of due process to non-citizens held in U.S. custody. · Mohammed v. Rumsfeld is a natural extension of the Supreme Court's decision in Rasul v. Bush, which held that Guantánamo detainees have the right to challenge their detention in the federal courts through habeas corpus Khan v. Bush · On October 3, 2006, CCR filed a habeas corpus petition in the D.C. District Court in Washington, D.C., on behalf of Majid Khan (Khan v. Bush), one of the 14 'ghost detainees' President Bush recently transferred to Guantánamo. The petition challenges the constitutionality of denying non-citizen detainees the right of habeas corpus. · Mr. Khan was imprisoned in secret CIA detention for 3 1/2 years and subjected to "alternative interrogation methods" that amount to torture. He has never been formally charged with a crime or declared an enemy combatant. · Khan v. Bush squarely challenges the legality of the CIA's secret prisons, and the likely torture and abuse of the detainees who "disappeared" and were held in those prisons overseas for several years.

These cases were filed before enactment of the MCA in order to preserve any possible legal arguments that our clients might have to challenge the retroactive application of the law, including, for example, challenges to the new expansive definition of "unlawful enemy combatant" and the purported suspension of habeas corpus for any non-citizen detained by the United States anywhere in the world.

· As far as we know, everyone at Guantánamo has had a CSRT except for the fourteen detainees who were transferred there from the CIA secret prisons. · CSRT's were established under the Detainee Treatment Act (DTA) and provide extremely limited review of CSRT determinations and are not an adequate substitute for habeas corpus. · A CSRT is a "non-adversary" hearing conducted pursuant to rules and procedures that are unfair in design and biased in practice. For example, under the CSRT rules and procedures, every detainee is: (a) Denied access to counsel; (b) Denied the right to see the evidence against him; (c) Denied the right to confront, or even know the identity of, his accusers; (d) Denied the right to call witnesses; (e) Denied the right to present evidence; (f) Denied the right to know how the military collected evidence; and (g) Denied an impartial tribunal because the CSRT must presume that evidence against a detainee (which he has not seen) is genuine and accurate.

· The DTA only allows challenges to (1) whether the military complied with its own flawed CSRT procedures for making enemy combatant determinations, and (2) whether those procedures comply with the Constitution and laws of the United States. But President Bush claims that our laws do not protect detainees, and the MCA even goes so far as to authorize him to hold detainees who "awaiting designation" as enemy combatants.

The CSRT rules and procedures further allow for the consideration of hearsay evidence and/or evidence obtained by torture or coercion. These rules and procedures in practice and effect virtually compel the CSRT conclusion that the detainee is an "enemy combatant."

· In addition, the CSRTS are incapable of determining who is or is not properly detained by the government as an "enemy combatant." Even where a CSRT determines that a detainee is actually innocent of any offense or wrongdoing, that detainee may continue to be held virtually incommunicado, indefinitely, without charge, without access to counsel, and without any meaningful opportunity to challenge the legality of his detention. The government has even held, and continues to hold, detainees who have been determined through the CSRT process to be "no longer enemy combatants" or "non-enemy combatants" without affording them the right to an adequate and meaningful judicial process. (For details see CCR'S report Faces of Guantánamo. http://ccr-ny.org/v2/reports/docs/FACES_OF_GUANTANAMO.pdf

Could American citizens be held as "enemy combatants" or as "unlawful enemy combatants?

Yes. The MCA includes language that states that persons who "materially support" hostilities against the U.S. can be labeled and held as 'unlawful enemy combatants.' This might include, for instance, someone who donates money to a charity in Afghanistan that turns out to have some connection to the Taliban or Al Qaeda, or even the organizer of an anti-war rally, without regard to actual hostilities. The definition also presumptively includes members of the Taliban, Al Qaeda, or "associated forces." · The definition allows Bush or Rumsfeld to establish new secret procedures to detain anyone they themselves deem legally and appropriately classified an enemy combatant.

Will CCR and others who represent detainees be immediately denied access to Guantánamo Bay upon signing of the MCA?

· It is not likely, but we will not know for sure until the MCA is signed by President Bush. Even under the limited review allowed by the DTA and the MCA, access by counsel will be necessary. However, the government may try to place even more restrictions on attorneys' ability to meet and communicate with their clients than already exist.

What happens if the Democrats regain control of Congress? Is there any chance they will revisit the MCA?

· Many Senators have publicly acknowledged what Republican Senator Arlen Specter said about the MCA before it was passed ­ that it is "patently unconstitutional on its face." Unfortunately, he and a majority of others in Congress voted for it. By voting for a law that they knew was unconstitutional, they abdicated their constitutional responsibilities and once again compelled the federal courts to step in and uphold the Constitution. If the Democrats regain control of both houses, we hope they will repeal one of the most egregious pieces of legislation since the Alien and Sedition Acts, which now serve as a stain on Congress and our nation's history.

FOR MORE INFORMATION CHECKIN WITH THE CENTER FOR CONSTIUTIONAL RIGHTS:
 http://ccrjustice.org/search/node/military+commission+act

 

Patriot Act

REAL ID ACT

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Would You Like Sauce With That Microchip? Pictures, Images and Photos

LOST LAW OF THE SEA TREATY

more power to the United Nations, including the power to impose taxes, paving the way for ratification of the Law of the Sea Treaty. Wednesday, February 13, the Senate Foreign Relations Committee passed by voice vote the Global Poverty Act (S2433), sponsored by Senator Barack Obama (D-IL).
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.02433:

This feel good legislation commits the U.S. to spending 0.7 percent of gross national product on foreign aid, over and above what we already spend. The bill references the UN's Millennium Declaration (from 2000) which calls for countries to dramatically increase foreign aid and sign on to many dangerous treaties, including the International Criminal Court, Kyoto Protocol, CEDAW, and the Convention on the Rights of the Child.



The U.S. should have nothing to do with these awful treaties or the UN Law of the Sea Treaty (LOST). One of the worst aspects of LOST is the mechanism for imposing a global tax by requiring companies to pay a portion of their profits to the International Seabed Authority.

If the Senate passes the Obama global tax bill, LOST can't be far behind. Since President Bush has made his support for LOST well known, we imagine he would be willing to sign the global tax legislation, hoping to speed up ratification of LOST.

In fact, in his 2009 budget request, President Bush included a request for $5 million for LOST and the international tribunal established by the treaty. Senator David Vitter (R-LA) questioned Secretary of State Condoleezza Rice at Wednesday's committee hearing as to why taxpayer dollars should be going to "a new bureaucratic international organization that has not been endorsed by the U.S. Senate." Secretary Rice reiterated the administration's commitment to ratification of LOST.
FOR FURTHER READING:
http://www.eagleforum.org/topics/LOST/

http://www.aim.org/aim-column/obamas-global-tax-proposal-up-for-senate-vote/

Presidential Directive 51

 
OFFICIAL WHITE HOUSE LINK:
http://www.whitehouse.gov/news/releases/2007/05/20070509-12.html


NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20

Subject: National Continuity Policy

Purpose

(1) This directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. This policy establishes "National Essential Functions," prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.

Definitions

(2) In this directive:

(a) "Category" refers to the categories of executive departments and agencies listed in Annex A to this directive;

(b) "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions;

(c) "Continuity of Government," or "COG," means a coordinated effort within the Federal Government's executive branch to ensure that National Essential Functions continue to be performed during a Catastrophic Emergency;

(d) "Continuity of Operations," or "COOP," means an effort within individual executive departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;

(e) "Enduring Constitutional Government," or "ECG," means a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers among the branches, to preserve the constitutional framework under which the Nation is governed and the capability of all three branches of government to execute constitutional responsibilities and provide for orderly succession, appropriate transition of leadership, and interoperability and support of the National Essential Functions during a catastrophic emergency;

(f) "Executive Departments and Agencies" means the executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), Government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service;

(g) "Government Functions" means the collective functions of the heads of executive departments and agencies as defined by statute, regulation, presidential direction, or other legal authority, and the functions of the legislative and judicial branches;

(h) "National Essential Functions," or "NEFs," means that subset of Government Functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through COOP and COG capabilities; and

(i) "Primary Mission Essential Functions," or "PMEFs," means those Government Functions that must be performed in order to support or implement the performance of NEFs before, during, and in the aftermath of an emergency.

Policy

(3) It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government under the Constitution and the continuing performance of National Essential Functions under all conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily operations of all executive departments and agencies. As a result of the asymmetric threat environment, adequate warning of potential emergencies that could pose a significant risk to the homeland might not be available, and therefore all continuity planning shall be based on the assumption that no such warning will be received. Emphasis will be placed upon geographic dispersion of leadership, staff, and infrastructure in order to increase survivability and maintain uninterrupted Government Functions. Risk management principles shall be applied to ensure that appropriate operational readiness decisions are based on the probability of an attack or other incident and its consequences.

(5) The following NEFs are the foundation for all continuity programs and capabilities and represent the overarching responsibilities of the Federal Government to lead and sustain the Nation during a crisis, and therefore sustaining the following NEFs shall be the primary focus of the Federal Government leadership during and in the aftermath of an emergency that adversely affects the performance of Government Functions:

(a) Ensuring the continued functioning of our form of government under the Constitution, including the functioning of the three separate branches of government;

(b) Providing leadership visible to the Nation and the world and maintaining the trust and confidence of the American people;

(c) Defending the Constitution of the United States against all enemies, foreign and domestic, and preventing or interdicting attacks against the United States or its people, property, or interests;

(d) Maintaining and fostering effective relationships with foreign nations;

(e) Protecting against threats to the homeland and bringing to justice perpetrators of crimes or attacks against the United States or its people, property, or interests;

(f) Providing rapid and effective response to and recovery from the domestic consequences of an attack or other incident;

(g) Protecting and stabilizing the Nation's economy and ensuring public confidence in its financial systems; and

(h) Providing for critical Federal Government services that address the national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government for ensuring constitutional government. In order to advise and assist the President in that function, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT) is hereby designated as the National Continuity Coordinator. The National Continuity Coordinator, in coordination with the Assistant to the President for National Security Affairs (APNSA), without exercising directive authority, shall coordinate the development and implementation of continuity policy for executive departments and agencies. The Continuity Policy Coordination Committee (CPCC), chaired by a Senior Director from the Homeland Security Council staff, designated by the National Continuity Coordinator, shall be the main day-to-day forum for such policy coordination.

(7) For continuity purposes, each executive department and agency is assigned to a category in accordance with the nature and characteristics of its national security roles and responsibilities in support of the Federal Government's ability to sustain the NEFs. The Secretary of Homeland Security shall serve as the President's lead agent for coordinating overall continuity operations and activities of executive departments and agencies, and in such role shall perform the responsibilities set forth for the Secretary in sections 10 and 16 of this directive.

(8) The National Continuity Coordinator, in consultation with the heads of appropriate executive departments and agencies, will lead the development of a National Continuity Implementation Plan (Plan), which shall include prioritized goals and objectives, a concept of operations, performance metrics by which to measure continuity readiness, procedures for continuity and incident management activities, and clear direction to executive department and agency continuity coordinators, as well as guidance to promote interoperability of Federal Government continuity programs and procedures with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate. The Plan shall be submitted to the President for approval not later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is responsible for its own continuity programs, an official designated by the Chief of Staff to the President shall ensure that the executive branch's COOP and COG policies in support of ECG efforts are appropriately coordinated with those of the legislative and judicial branches in order to ensure interoperability and allocate national assets efficiently to maintain a functioning Federal Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall be appropriately integrated with the emergency plans and capabilities of State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to promote interoperability and to prevent redundancies and conflicting lines of authority. The Secretary of Homeland Security shall coordinate the integration of Federal continuity plans and operations with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.

(11) Continuity requirements for the Executive Office of the President (EOP) and executive departments and agencies shall include the following:

(a) The continuation of the performance of PMEFs during any emergency must be for a period up to 30 days or until normal operations can be resumed, and the capability to be fully operational at alternate sites as soon as possible after the occurrence of an emergency, but not later than 12 hours after COOP activation;

(b) Succession orders and pre-planned devolution of authorities that ensure the emergency delegation of authority must be planned and documented in advance in accordance with applicable law;

(c) Vital resources, facilities, and records must be safeguarded, and official access to them must be provided;

(d) Provision must be made for the acquisition of the resources necessary for continuity operations on an emergency basis;

(e) Provision must be made for the availability and redundancy of critical communications capabilities at alternate sites in order to support connectivity between and among key government leadership, internal elements, other executive departments and agencies, critical partners, and the public;

(f) Provision must be made for reconstitution capabilities that allow for recovery from a catastrophic emergency and resumption of normal operations; and

(g) Provision must be made for the identification, training, and preparedness of personnel capable of relocating to alternate facilities to support the continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat levels or actual emergencies, the Continuity of Government Readiness Conditions (COGCON) system establishes executive branch continuity program readiness levels, focusing on possible threats to the National Capital Region. The President will determine and issue the COGCON Level. Executive departments and agencies shall comply with the requirements and assigned responsibilities under the COGCON program. During COOP activation, executive departments and agencies shall report their readiness status to the Secretary of Homeland Security or the Secretary's designee.

(13) The Director of the Office of Management and Budget shall:

(a) Conduct an annual assessment of executive department and agency continuity funding requests and performance data that are submitted by executive departments and agencies as part of the annual budget request process, in order to monitor progress in the implementation of the Plan and the execution of continuity budgets;

(b) In coordination with the National Continuity Coordinator, issue annual continuity planning guidance for the development of continuity budget requests; and

(c) Ensure that heads of executive departments and agencies prioritize budget resources for continuity capabilities, consistent with this directive.

(14) The Director of the Office of Science and Technology Policy shall:

(a) Define and issue minimum requirements for continuity communications for executive departments and agencies, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President;

(b) Establish requirements for, and monitor the development, implementation, and maintenance of, a comprehensive communications architecture to integrate continuity components, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President; and

(c) Review quarterly and annual assessments of continuity communications capabilities, as prepared pursuant to section 16(d) of this directive or otherwise, and report the results and recommended remedial actions to the National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

(a) Advise the President, the Chief of Staff to the President, the APHS/CT, and the APNSA on COGCON operational execution options; and

(b) Consult with the Secretary of Homeland Security in order to ensure synchronization and integration of continuity activities among the four categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

(a) Coordinate the implementation, execution, and assessment of continuity operations and activities;

(b) Develop and promulgate Federal Continuity Directives in order to establish continuity planning requirements for executive departments and agencies;

(c) Conduct biennial assessments of individual department and agency continuity capabilities as prescribed by the Plan and report the results to the President through the APHS/CT;

(d) Conduct quarterly and annual assessments of continuity communications capabilities in consultation with an official designated by the Chief of Staff to the President;

(e) Develop, lead, and conduct a Federal continuity training and exercise program, which shall be incorporated into the National Exercise Program developed pursuant to Homeland Security Presidential Directive-8 of December 17, 2003 ("National Preparedness"), in consultation with an official designated by the Chief of Staff to the President;

(f) Develop and promulgate continuity planning guidance to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators;

(g) Make available continuity planning and exercise funding, in the form of grants as provided by law, to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators; and

(h) As Executive Agent of the National Communications System, develop, implement, and maintain a comprehensive continuity communications architecture.

(17) The Director of National Intelligence, in coordination with the Attorney General and the Secretary of Homeland Security, shall produce a biennial assessment of the foreign and domestic threats to the Nation's continuity of government.

(18) The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall provide secure, integrated, Continuity of Government communications to the President, the Vice President, and, at a minimum, Category I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their respective department or agency COOP plans in response to a localized emergency and shall:

(a) Appoint a senior accountable official, at the Assistant Secretary level, as the Continuity Coordinator for the department or agency;

(b) Identify and submit to the National Continuity Coordinator the list of PMEFs for the department or agency and develop continuity plans in support of the NEFs and the continuation of essential functions under all conditions;

(c) Plan, program, and budget for continuity capabilities consistent with this directive;

(d) Plan, conduct, and support annual tests and training, in consultation with the Secretary of Homeland Security, in order to evaluate program readiness and ensure adequacy and viability of continuity plans and communications systems; and

(e) Support other continuity requirements, as assigned by category, in accordance with the nature and characteristics of its national security roles and responsibilities

General Provisions

(20) 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.

(21) This directive:

(a) Shall be implemented consistent with applicable law and the authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations;

(b) Shall not be construed to impair or otherwise affect (i) the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals, or (ii) the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President, to the Secretary of Defense, to the commander of military forces, or military command and control procedures; and

(c) Is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 ("Enduring Constitutional Government and Continuity of Government Operations"), including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.

(24) Security. This directive and the information contained herein shall be protected from unauthorized disclosure, provided that, except for Annex A, the Annexes attached to this directive are classified and shall be accorded appropriate handling, consistent with applicable Executive Orders.

GEORGE W. BUSH

Rule by fear or rule by law?

Lewis Seiler,Dan Hamburg
Monday, February 4, 2008

"The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist."

- Winston Churchill, Nov. 21, 1943


Since 9/11, and seemingly without the notice of most Americans, the federal government has assumed the authority to institute martial law, arrest a wide swath of dissidents (citizen and non-citizen alike), and detain people without legal or constitutional recourse in the event of "an emergency influx of immigrants in the U.S., or to support the rapid development of new programs."

Beginning in 1999, the government has entered into a series of single-bid contracts with Halliburton subsidiary Kellogg, Brown and Root (KBR) to build detention camps at undisclosed locations within the United States. The government has also contracted with several companies to build thousands of rail cars, some reportedly equipped with shackles, ostensibly to transport detainees.

According to diplomat and author Peter Dale Scott, the KBR contract is part of a Homeland Security plan titled ENDGAME, which sets as its goal the removal of "all removable aliens" and "potential terrorists."

Fraud-busters such as Rep. Henry Waxman, D-Los Angeles, have complained about these contracts, saying that more taxpayer dollars should not go to taxpayer-gouging Halliburton. But the real question is: What kind of "new programs" require the construction and refurbishment of detention facilities in nearly every state of the union with the capacity to house perhaps millions of people?

Sect. 1042 of the 2007 National Defense Authorization Act (NDAA), "Use of the Armed Forces in Major Public Emergencies," gives the executive the power to invoke martial law. For the first time in more than a century, the president is now authorized to use the military in response to "a natural disaster, a disease outbreak, a terrorist attack or any other condition in which the President determines that domestic violence has occurred to the extent that state officials cannot maintain public order."

The Military Commissions Act of 2006, rammed through Congress just before the 2006 midterm elections, allows for the indefinite imprisonment of anyone who donates money to a charity that turns up on a list of "terrorist" organizations, or who speaks out against the government's policies. The law calls for secret trials for citizens and noncitizens alike.

Also in 2007, the White House quietly issued National Security Presidential Directive 51 (NSPD-51), to ensure "continuity of government" in the event of what the document vaguely calls a "catastrophic emergency." Should the president determine that such an emergency has occurred, he and he alone is empowered to do whatever he deems necessary to ensure "continuity of government." This could include everything from canceling elections to suspending the Constitution to launching a nuclear attack. Congress has yet to hold a single hearing on NSPD-51.

U.S. Rep. Jane Harman, D-Venice (Los Angeles County) has come up with a new way to expand the domestic "war on terror." Her Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 (HR1955), which passed the House by the lopsided vote of 404-6, would set up a commission to "examine and report upon the facts and causes" of so-called violent radicalism and extremist ideology, then make legislative recommendations on combatting it.

According to commentary in the Baltimore Sun, Rep. Harman and her colleagues from both sides of the aisle believe the country faces a native brand of terrorism, and needs a commission with sweeping investigative power to combat it.

A clue as to where Harman's commission might be aiming is the Animal Enterprise Terrorism Act, a law that labels those who "engage in sit-ins, civil disobedience, trespass, or any other crime in the name of animal rights" as terrorists. Other groups in the crosshairs could be anti-abortion protesters, anti-tax agitators, immigration activists, environmentalists, peace demonstrators, Second Amendment rights supporters ... the list goes on and on. According to author Naomi Wolf, the National Counterterrorism Center holds the names of roughly 775,000 "terror suspects" with the number increasing by 20,000 per month.

What could the government be contemplating that leads it to make contingency plans to detain without recourse millions of its own citizens?

The Constitution does not allow the executive to have unchecked power under any circumstances. The people must not allow the president to use the war on terrorism to rule by fear instead of by law.

Lewis Seiler is the president of Voice of the Environment, Inc. Dan Hamburg, a former congressman, is executive director.

This article appeared on page B - 7 of the San Francisco Chronicle


http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/04/ED5OUPQJ7.DTL

Does Fema Really Lock You In? Rewind To Katrina...

Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq

OFFICIAL GOV SITE LINK:

http://www.whitehouse.gov/news/releases/2007/07/20070717-3.html
Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq

Message to the Congress of the United States Regarding International Emergency Economic Powers Act

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,

Paul Craig Roberts Talking About This Executive Order

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To require all persons in the United States between the ages of 18 and 42 to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, to amend the Internal Revenue Code of 1986 to make permanent the favorable treatment afforded combat pay under the earned income tax credit, and for other purposes.
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http://www.govtrack.us/congress/bill.xpd?bill=h110-393