Humboldt County CA Dems Mull Resolution on Bush Assuming Dictatorial Powers in Emergency and Confiscating Americans' Assets

HCDCC SCHEDULED TO CONSIDER RESOLUTION CALLING ON CONGRESS TO OVERTURN TWO EXECUTIVE ORDERS BY
BUSH ALLOWING HIM TO ASSUME 'DICTATORIAL POWERS' AND VIOLATING CONSTITUTIONAL RIGHTS OF U.S CITIZENS

A resolution calling for Congress to overturn two recent Executive Orders issued by President George Bush that would allow him to assume "dictatorial powers" in time of a national emergency and confiscate the assets of anyone opposing the Iraq war--both in violation of the U.S. Constitution--has been drafted and added to the agenda of the Humboldt County Democratic Central Committee when it meets on Wednesday, Aug. 8, starting at 7 p.m. at its headquarters, 129 Fifth St., Eureka. The public is invited.

Although the news media--mainstream or alternative--have given little attention to the controversial Orders, the proposed HCDCC resolution asserts that they "could lead to an extraordinary, unprecedented and unconstitutional taking of legislative and judicial branch prerogatives at great costs to personal rights hard-won by generations of Americans."

Groups ranging from the American Civil Liberties Union to the conservative Cato Institute have expressed alarm over expansion of executive power through Executive Orders. The ACLU said in a statement that the July 17 Order "Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq" contain "sweeping provisions (that) pose risks for residents of the United States and for humanitarian work in Iraq." A Policy Analysis written for the Cato Institute said in light of past Orders, “Congress needs to take more effective action to check presidential usurpations of legislative power and restore the constitutional structure of government...if we are to be saved from...autocracy."

One scholar argues that the Orders violate citizens' constitutional rights to freedom of speech, protection against unreasonable searches and seizure without probable cause and guarantees that no person shall be deprive of life, liberty, or property without due process of law.
The resolution urges Sens. Barbara Boxer and Dianne Feinstein, Rep. Mike Thompson and "all other publicly elected office holders, regardless of political affiliation, to commit the full strength of their resolve and influence to protecting the rights of all United States citizens by reversing these Executive Orders and constraining Presidential authority to within its constitutional limits by whatever legal means available."

The resolution:

RESOLUTION OPPOSING BUSH EXECUTIVE ORDERS THAT VIOLATE U.S. CONSTITUTION and CALLING FOR PUBLIC ACTION

Whereas President George W. Bush has issued two executive orders and the CIA has published a National Intelligence Estimate during the past three months that could lead to an extraordinary, unprecedented and unconstitutional taking of legislative and judicial branch prerogatives at great costs to personal rights hard-won by generations of Americans, and

WHEREAS, on May 9, 2007, Bush issued a major presidential National Security Directive (National Security and Homeland Security Presidential Directive NSPD 51/HSPD 20), which would allow him to "take over all government functions and direct all private sector activities" (1) and "suspend constitutional government and instate broad dictatorial powers under martial law in the case of a "Catastrophic Emergency" (2), defined in the Directive as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions," and

WHEREAS, National Emergencies Act (50 U.S.C. 1601-1651) requires the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provides Congress with a means to countermand the President's declaration and the activated authority being sought, according to a Congressional report (3), and

WHEREAS, the May 9, 2007, Directive "appears to supersede the National Emergencies Act by creating the new position of National Continuity Coordinator without any specific act of Congress authorizing the position" and "makes no reference whatsoever to Congress" (4), and

WHEREAS, 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" (5), and

WHEREAS, on July 17, 2007, Bush issued "Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq," which provides the President with "the authority to confiscate the assets of whoever opposes the US-led war," serving to criminalize the antiwar movement and making opposition to the war an illegal act, (6) by "authorizing the Treasury Department to freeze and confiscate the assets of anyone determined "'to have committed, or to pose a significant risk of committing' acts of violence with the 'purpose or effect' of hindering the Iraqi government or reconstruction efforts," authorizing "the freezing of assets of anyone who provides 'material support' to such a person or group, whether or not the person's support was knowing or intentional” and by “expressly prohibit(ing) even donations of 'food, clothing, and medicine intended to be used to relieve human suffering,'" (7) and

WHEREAS, the American Civil Liberties Union believes the Order's "sweeping provisions pose risks for residents of the United States and for humanitarian work in Iraq," "could have a serious chilling effect on charitable contributions intended to ease the suffering in Iraq," "reaches far beyond criminal activity to activity that may be entirely innocent," and that a "person may find herself inadvertently in violation of this order and there is no provision for judicial review," (8), and

WHEREAS, the conservative Cato Institute has issued a Policy Analysis on “Executive Orders and National Emergencies” that states “Congress needs to take more effective action to check presidential usurpations of legislative power and restore the constitutional structure of government,” “if we are to be saved from ...autocracy,” and “Congress has such power...to modify or revoke all presidential directives except those undertaken pursuant to constitutional powers, such as the power to pardon, that are vested in the
president, (9)

WHEREAS, the July 17 Executive Order "violates the First (guaranteeing freedom of speech), Fourth (prohibiting unreasonable searches and seizure without warrants based on probable cause) and Fifth (ensuring no person shall be deprived of life, liberty, or property, without due process of law) Amendments of the US Constitution" and "repeals one of the fundamental tenets of US democracy, which is the right to free expression and dissent," (10) and violates the rule of law in America ensuring the innocence of the accused until proven guilty by empowering the Bush Administration to seize a person's property, if found to "pose a significant risk of committing an act of violence," even if no act whatsoever has been committed,

WHEREAS, together, these Orders and National Intelligence Estimate have been characterized by one expert as "ultimately geared towards repealing constitutional government and installing martial law in the event of a 'national emergency,'" (11),

THEREFORE, BE IT RESOLVED, that the Humboldt County Democratic Central Committee condemns actions by George W. Bush to deprive the American people of their constitutional rights and bestow on himself the right to assume dictatorial powers,

AND FURTHER BE IT RESOLVED, that the Humboldt County Democratic Committee urgently requests United States Senators Barbara Boxer and Dianne Feinstein, Representative Mike Thompson and all other publicly elected office holders, regardless of political affiliation, to commit the full strength of their resolve and influence to protecting the rights of all United States citizens by reversing these Executive Orders and constraining Presidential authority to within its constitutional limits by whatever legal means available.

(1) http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55824 by Jerome R. Corsi, who received a Ph.D. from Harvard University in political science and has written many books and articles, including his latest best seller, "The Late Great USA."

(2) http://www.globalresearch.ca/index.php?context=va&aid=6377 by Michel Chossudovsky, the author of the international best seller, 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.

(3) http://www.fas.org/sgp/crs/natsec/98-505.pdf, "National Emergency Powers Updated," Nov. 13, 2006.

(4) ibid, Corsi.

(5) ibid, Chossudovsky.
,
(6) ibid, Chossudovsky.

(7) "ACLU Says Executive Order 'Material Support' Provision Sweeps Too Broadly and Will Restrict Humanitarian Efforts in Iraq," July 27, 2007, http://www.aclu.org/natsec/warpowers/31113prs20070727.html.

(8) ibid, ACLU.

(9) Cato Institute Policy Analysis No. 358, “Executive Orders and National Emergencies: How Presidents Have Come to ‘Run the Country’ by Usurping Legislative Power,” by William J. Olson and Alan Woll, http://www.cato.org/pubs/pas/pa-358es.html.

(10) ibid, Chossudovsky.

(11) ibid, Chossudovsky.