Bush Executive Order: Criminalizing the Antiwar Movement

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Bush Executive Order: Criminalizing the Antiwar Movement

http://globalresearch.ca/index.php?context=va & aid=6377

 

by Prof. Michel Chossudovsky

 

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, 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

 

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 int

erests 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

 

© 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.

 

 

 

--

 

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.

 

 

 

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Michel Chossudovsky is the author of the international best America’s " War on

Terrorism " Second Edition, Global Research, 2005. He is Professor of

Economics at the University of Ottawa and Director of the Center for Research on

Globalization.