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08/31/2007
Executive Orders have NO Constitutional precedent
From the latest issue of The Progressive, Watch Those Executive Orders by Matthew Rothschild:
On July 17, Bush issued· an executive order entitled "Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq." This order gives the Secretary of the Treasury the authority to freeze the assets of any person opposing Bush's Iraq policy who may have committed an act of violence, or anyone who even poses "a significant risk of committing" such an act. And your assets are grass if you "assisted, sponsored, or provided financial, material, logistical, or technical support" for others committing such acts.
The acts that are now verboten would 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."
The International Emergency Economic Powers Act of 1977, which Bush cites as the authority for such an order, is intended to apply to foreign countries and foreign nationals, not to U.S. citizens. But this executive order is worded so loosely that it applies to "any person." And it says that "any transaction by a United States person" who "attempts to violate any of the prohibitions set forth in this order is prohibited."
So what could this mean in practice? The Secretary of the Treasury might be able to put a freeze on your financial assets, including your home:
If you are at an· anti-Iraq War protest and the Treasury Secretary asserts that you "pose a significant risk" of breaking a window.
Or if you throw a pie in the face of a legislatorsay, Senator Joe Lieberman-as a way of drawing 'attention to his support for the war.
Or if you set up a speaking engagement for, or buy lunch for, an Iraqi oil worker who might have damaged a pipeline or burned an American flag to protest the oil bill that Bush wants the Iraqi parliament to pass-a bill that would give away that country's oil to ExxonMobil and other multinationals.
What's more, the language in this executive order could create an endless chain of repression. Any person who even is "purported to act for or on behalf of, directly or indirectly," someone whose property has been frozen by this order will also have his or her property frozen.
So the Treasury Secretary could freeze your brother's house on the specious grounds that your brother might be violent at an anti-war protest, and if you hire a lawyer to help your brother with his case, both you and the lawyer you hire could have your financial assets, including your homes, frozen.
On August 1, a second "Executive Order" was issued, this one regarding Lebanon. Again, from the above mentioned article:
This executive order is harsher than the July 17 one in another way, as well. It gives the Treasury' Secretary the authority to freeze the assets of "a spouse or dependent child of any person whose property and interests in property are blocked pursuant to this order."
Like the executive order on Iraq, this one also bans the provision of food, clothing, and medicine to anyone whose assets are frozen.
Representative Dennis Kucinich denounced this executive order as "reckless." He said it was part of Bush's "strategy to destabilize the region by targeting Syria and Iran."
It also is part of Bush's strategy to aggrandize the Executive Branch.
These orders will eventually be used to arrest and punish protestors. The monitoring and infiltration of protest groups is nothing new, nor is the incitation of violence by shadow government agencies.
On October 17, 2006 President Bush signed into law (PL 109-364) which has a provocative provision called “Use of the Armed Forces in Major Public Emergencies.” From Dying Freedoms Alert: We Just Repealed Posse Comitatus! « Renegade Waiter:
This administration has been laying the foundations of tyranny from day one and has grabbed every catastrophe and tragedy, particularly 9-11 to further it's goals. You can cite any number of conspiracy theories to explain this power lust but that's not the point. The point is: it's happening and opposition is now a crime. Gene
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