EE is typically not the blog you want to visit if you are searching for gloom and doom. While plenty of dire alerts cross my email inbox each day, I try very hard to sift through them and only bring the most relevant and legitimate to the front of the pile. That being said, I received a note this morning from Amanda with information and a link that I believe is worth some lines here.
On July 17, Pres. George W. Bush issued another one of his infamous executive orders, this one titled: "Blocking Property of Certain Persons who Threaten Stabilization Efforts in Iraq." Sounds like a good thing on the surface, right? Let's read on...
This order impacts four earlier executive orders:
...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.
Granted, the entire document is written in legal-ease and isn't at all easy to follow, especially for any non-attorney. I will do my best to tell you what I read and understood; however, I encourage each of you to read it for yourselves and come to your own conclusions.
This document essentially provides the government power to take all of your property and assets -- and all of those that belong to your business as well (both "person" and "entity" are addressed in the order).
Who will make the determination if your stuff should go buh-bye? The Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense (Section 1a).
Why would the determination be made? The document really doesn't say. "...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..."
Did you read those last six words? "...pose a significant risk of committing..." Read it again. In order to have your seized by the government, you will only need to be SUSPECTED of something.
Yes, it does indicate that you should pose a "significant risk" of "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" (and more listed in still more sub-sections of that last clause). The problem is, the document does not define what some of these vague purposes or effects might be.
In other words, we don't know if some one protesting the war -- perhaps someone who has not personally participated in violent protest, but has been present at an event where it did take place (real or made-up) -- could be found in violation of the executive order. An "act of violence" is not defined in the document.
And, quite frankly, I may be in violation right at this very moment because I'm telling you my thoughts on the order: Section 2(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
Donations to certain groups appear to be blocked/banned in Section 4. And, in Section 5, we learn that there will be no prior notice given before funds are blocked. (Remember, we aren't talking about someone convicted of a crime, but someone the Secretary of the Treasury has determined "might" pose a risk.)
Finally, Section 6, outlines how the Secretary of the Treasury -- in consultation with the Sec. of State and the Sec. of Defense, although the exact meaning of "consultation" is never defined -- will be acting as law enforcement, judge and juror in all matters relating to 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.
Does this plan without oversight and judgment without legal recourse sound like a good plan to you? If not, you need to know that Congress has 30 days from the date an executive order is published in the Federal Register to act.
Read it for yourself and make up your own mind. If you believe -- as I now believe -- that this is stinkier than five-day-old dog poo then contact your Congress critters and let them know!
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