Sunday, March 18, 2012

Executive-order panic: Martial law in U.S.?

Executive-order panic: Martial law in U.S.?


The White House’s late-week release of an executive order has sent the online community into an uproar, worried that President Obama had secretly provided himself means to institute martial law in America.
In the common practice of dumping government documents on a Friday afternoon, just as the news cycle is wrapping up for the week – a move critics say allows the administration to avoid widespread coverage of embarrassing actions – the White House released an executive order on “National Defense Resources Preparedness.”
Filled with language about “government-owned equipment” and a “defense executive reserve,” among other vague statements, rumors began to spread that the executive order expanded the president’s power to do everything from seizing whole industries to drafting private armies.
A Canada Free Press article titled “Obama Executive Order: Peacetime Martial Law!” spread concerns of gasoline ration cards; while an Examiner article declared the order would “nationalize everything” and “allow for a civilian draft.” Facebook, email and Twitter were suddenly abuzz, and even the extremely popular Drudge Report posted a link to the White House release under the title “Martial Law? Obama Issues Executive Order.”
Screen shot of Drudge Report, "Martial Law" headline highlighted
But are the cries of martial law and expanding executive power justified?
No, says William A. Jacobson, associate clinical professor at Cornell Law School.
“If someone wants to make the argument that this is an expansion of presidential powers, then do so based on actual language,” warns Jacobson. “There is enough that Obama actually does wrong without creating claims which do not hold up to scrutiny.”
As it turns out, Obama’s executive order is nearly identical to EO 12919, issued by President Clinton on June 7, 1994, which itself was an amendment to EO 10789, issued in 1958 by President Eisenhower, and which in fact, was later amended by EO 13286, issued in 2003 by George W. Bush.
Obama’s executive order specifically assigns “executive departments and agencies responsible for plans and programs related to national defense” to do five things:
  • “identify” requirements for emergencies;
  • “assess” the capability of the country’s industrial and technological base;
  • “be prepared” to ensure the availability of critical resources in time of national threat;
  • “improve the efficiency” of the industrial base to support national defense;
  • “foster cooperation” between commercial and defense sectors.
Later provisions in the order establish the protocol for government agencies to purchase equipment needed in times of national emergency and even make loans to ensure the availability of that equipment.
Despite the vague nature of the functions, none mention anything about martial law or seizing private property. The five functions are also identical to those identified in Clinton’s EO 12919.
Why all the Obama order at all?
A side-by-side analysis of Obama’s order compared to Clinton’s, conducted by Ed Morrissey of HotAir.com, reveals Obama’s order is essentially just an update to reflect changes in government agency structure.
“If one takes a look at EO 12919, the big change is in the cabinet itself,” Morrissey writes. “In 1994, we didn’t have a Department of Homeland Security, for instance, and some of these functions would naturally fall to DHS. In EO 12919, the FEMA director had those responsibilities, and the biggest change between the two is the removal of several references to FEMA (10 in all). Otherwise, there aren’t a lot of changes between the two EOs, which looks mainly like boilerplate.
“I’m not ruling out the possibility that this is more than it seems,” adds Jacobson, “but unless and until someone [demonstrates any expansion of powers in the order], I’ll consider this to be routine.”
“The timing of this release might have looked a little strange,” Morrissey concludes, “but this is really nothing to worry about at all.”

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  • ali3nation
    I doubt if this executive order is a sign of martial law to ensue. I am hoping that the military, which is sworn to uphold the constitution would not back the HNIC if he tried to  abuse it and institute a regime by armed support. Recent analysis by legal experts ( ie. Dr Jefferson, of Cornell University) seem to be unimpressed by this order, as he stated that this order is not really very different from previous orders issued originally in 1950 and revisited as late as the 1990's. The main revision in this order seems to relate to the fact that the DHS, being a new agency since the last revision,is given much of the role that FEMA had previously played. The most disturbing change is  the use of the word " peacetime " in the newest order. The timing is really suspicious, however and the fact that the order emanates from an illegitimate authority is distressing. So that we are all feeling a bit more at ease, voting this regime out in...
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  • Tony from ignoredrealityblog.c Definitely Provocative ... Always Correct
    Well there is one thing that is for sure and that is that it would be a complete waste of time to try and ask your congressman about it. They have evidently ALL been bought off now with maybe some type of promise that when this nation is overthrown they will still be allowed to remain in some type of position of power over the people. This communist has done more than was ever even dreamed could be done in just the past 3 plus years to set the stage for this nation's overthrow. It might be more advantageous for people to now see if they can establish any direct links to some of those in the pentagon as well as some base commanders stationed through the U.S. that may still possess loyalty to this nation, it's constitution and it's people to see if they have already had any type of contingency plan in place to arrest that commie and his entire administration if he ever actually tried to impose peace time martial law...
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  • I tipped the Drudge about these news. United States of Communist America. Coming soon.
  • It's Obama writing the rules.  We have everything to worry about.
  • whackmaster25
    You are propaganda and you don't fool everyone.
  • di3
    Hhhmm, I still think Big Brother is trying to emerge, let's delay all this maneuvering by the enemy, let's be salt and light.
  • BigBoa
    If O'Bozo came out TODAY and said he was going to initiate martial law, these people would still deny it.
    These EOs are NOT the same. There is a clear distinction added for all of this during both "emergency" AND "non-emergency" situations that was NOT spelled out in the previous EO.
    But for some reason, the clowns are already out defending him and doing all they can to assure the public that this isn't his intention. He is ALREADY seizing weapons and private property. There is little question as to the rest of his agenda. While the mighty Boa has warned you again and again that he would most likely try to attempt this before the election in order to remain in power, thanks to the impotent GOP, he probably has bought some time. But make no mistake. He intends on going NOWHERE for quite some time.
    And if it is so "harmless", WHY do all of these appeasers completely IGNORE the addition of the wording? Of course, that was during...
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  • WROL
    It is not routine business. It is time for the true sons and daughters of this Republic to begin preparations for civil war; We the People VS The Feds and the Traitors and Cowards that serve them. Read these aspects of this Dictatorial & Treasonous Document:  
    Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:(a) “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. “Civil transportation” shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.(b) “Energy” means all...
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  • I think Obama would be very surprised at the results of such an order. Our Military doesn't like you Obama and they will not act against the american people who, by the way, form the largest standing army in the world. So as a man I admire once said..."Bring it on".
  • Anita Gray
    Get him out of the WH.  It is terrible to have to be so suspicious of every thing he does but he is the one that has caused the problem.  I think he will do something that he thinks will possibly keep him in the WH even if he loses the election.  We had better be be watching his every move.

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