Reply #70: Here's an interpretation [View All]

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=109x29661


We are one bad storm away from the implementation of National Security Presidential Directive/NSPD 51 and Homeland Security Presidential Directive/HSPD-20" (issued May 9, 2007 -http://www.whitehouse.gov/news/releases/2007/05/.html ). One can read Bush's "National Continuity" directive as an attempt to imitate Hitler's Art. 48 emergency decrees, rather than just exec. infrastructure continuity? But the Media doesn't care, and tells us our "checks and balances system of government" is just fine with "inherent" power and executive orders like this one.

In the internet media there are many with family memories that warn them when they see something that appears to give emergency power to rule by decree, and they speak out. This type of action makes folks nervous ever since Hitler used the Weimar Republic Constitution Article 48 emergency provisions to turn a democracy into a Dictatorship that had public approval. Indeed it had public approval because of its ability to sell fear, and to sell the idea that the executive was the way to handle the reasons for that fear. The Patriot Act and FEMA already give the president "rule by decree" type powers. This President under this executive order would have no problem declaring a right to rule by decree in an emergency, which in the executive order could be nothing more than just bad storm damage to unoccupied buildings.

There is a dramatic change in wording from the prior "Critical Infrastructure Protection" executive order 13010 under Clinton. Now Clinton's order 13010 of 1996 (with a tiny modification in 1998 - found at http://www.archives.gov/federal-register/executive-orde ... ) also dealt with emergency services and continuity of government - but his order said he was "working with the private sector and Congress and State and local governments" and he made everything done subject to Congressional appropriations, with departments told to obey this directive only to the extent permitted by law and subject to the availability of appropriations. Indeed the order including keeping Congress informed and requiring coordination with the guidelines and procedures established by the Administrator of General Services.

This order does not sound like it is in the same vein as the past measures approved by Congress and Appropriations committees. This is more in the vein of Lincoln's extra-legal efforts and has a "possible" scary part in:
(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.

The apologists for Bush tell us that there are really secret Clinton executive orders out there (true) and that Bush didn't need extra powers via this executive order since he already had the Patriot act and its section 802, part 5:
"the term `domestic terrorism' means activities that--appear to be intended--to influence the policy of a government by intimidation or coercion."

The Patriot Act's Section 802, part 5 makes just about anything, including the passage of the Patriot Act, a form of "domestic terrorism" that we must be protected against.

The Progressive.org (http://www.progressive.org/mag_wx ) writes about this executive order, "Bush Anoints Himself as the Insurer of Constitutional Government in Emergency" that Bush has entrusted himself with leading the entire federal government, not just the Executive Branch, while, of course, "ensuring constitutional government" - and indeed the document does clearly state, "The President shall lead the activities of the Federal Government for ensuring constitutional government- and that sure sounds like leading all branches of government.

In the Bush order, the Clinton subject to laws language is gone, and we have the President promising the effort will be "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 - where "matter of Comity" I am sure has its usual meaning of an act of courtesy not required by law. Despite the fact we have State and Federal laws that give methods to replace congressional, senatorial, and executive Branch Personal that die in a disaster, or in the course of life, this President wants to take upon himself the chore of ensuring that there is "orderly succession" and "appropriate transition of leadership" in the three branches of government. Indeed it is possible to read the order as allowing the President to replace the leadership of the states, and any other body, and to do so at any time as local disasters occur every day in these United States.

Our major media treats any concern as the product of the paranoid left since we now have a USSC with new Bush appointed Judges that will likely rule that any "inherent" power claim is legal - so any power grab passes the "checks and balances" test and there is no problem. We are to read the order as not a power grab beyond the prior power to lead in emergencies, and to think that this order is not about circumventing our system of representative government with assertions of new found power and God knows what in that secret annex - it is just a Continuity of Operations like the Clinton "Critical Infrastructure Protection" order.


But the "trust me" required for the above interpretation is hard after Echelon warrant-less eavesdropping on all our communications, and the suspension of Habeas Corpus which now allows the President to have anyone - citizen or not - whom the President labels with the undefined term "enemy combatant" to be grabbed off the street or dragged from his or her home and taken to any undisclosed location to be held forever with no charges and not even an admission that they have the individual in custody.

Better to just not think about the new executive order, as we have terrorists to fear and troops to fund and civil wars to enter so our troops can be the common target for all sides.