Constitutional Emergency

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Posted: December 28, 2009
8:57 pm Eastern


By Bob Unruh
© 2009 WorldNetDaily




A little-discussed executive order from President Obama giving foreign cops new police powers in the United States by exempting them from such drudgery as compliance with the Freedom of Information Act is raising alarm among commentators who say INTERPOL already had most of the same privileges as diplomats.

At David Horowitz's Newsreal, Michael van der Galien said the issue is Obama's expansion of President Ronald Reagan's order from 1983 that originally granted those diplomatic privileges.

Reagan's order carried certain exemptions requiring that INTERPOL operations be subject to several U.S. laws such as the Freedom of Information Act. Obama, however, removed those restrictions in his Dec. 16 amendment to Executive Order 12425.

That means, van der Galien wrote today, "this foreign law enforcement organization can operate free of an important safeguard against government and abuse."

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"'Property and assets,' including the organization's records, cannot be searched or seized. Their physical locations are now immune from U.S. legal or investigative authorities," he wrote.

Obama's order said he was removing the Reagan limitations on INTERPOL:

"AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES

"By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words "except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act" and the semicolon that immediately precedes them," he wrote.

At the ThreatsWatch.org website, authors Steve Schippert and Clyde Middleton gave their interpretation of the result.

"In light of what we know and can observe, it is our logical conclusion that President Obama's Executive Order amending President Ronald Reagans' 1983 EO 12425 and placing INTERPOL above the United States Constitution and beyond the legal reach of our own top law enforcement is a precursor to more damaging moves," they wrote.

"When the paths on the road map converge – Iraq withdrawal, Guantánamo closure, perceived American image improved internationally, and an empowered INTERPOL in the United States – it is probable that President Barack Obama will once again make America a signatory to the International Criminal Court. It will be a move that surrenders American sovereignty to an international body whose INTERPOL enforcement arm has already been elevated above the Constitution and American domestic law enforcement," they said.

"For an added and disturbing wrinkle, INTERPOL's central operations office in the United States is within our own Justice Department offices. They are American law enforcement officers working under the aegis of INTERPOL within our own Justice Department. That they now operate with full diplomatic immunity and with 'inviolable archives' from within our own buildings should send red flags soaring into the clouds," they said.


"Ultimately, a detailed verbal explanation is due the American public from the President of the United States detailing why an international law enforcement arm assisting a court we are not a signatory to has been elevated above our Constitution upon our soil."


International Criminal Court

Records show that the original order designated INTERPOL as a public international organization. Reagan had extended "appropriate privileges, exemptions, and immunities," but kept it subject to searches and seizures under appropriate legal circumstances.

Obama's decision, analysts have concluded, exempted Interpol from all restrictions.

"This international law enforcement body now operates – now operates – on American soil beyond the reach of our own top law enforcement arm, the FBI, and is immune from Freedom Of Information Act (FOIA) requests," ThreatsWatch reported.

At the Patriot Room, it was explained there is a reason for a certain level of immunity.

"Before we get our knickers in a bunch, there is logic to this immunity. While we like our Constitution and laws, other countries like their Constitution and laws. It doesn't matter if the concept of personal freedom is more expansive here. If we expect immunity in their country, we have to extend it to them here."

But with Obama's change, "It means that we have an international police force authorized to act within the United States that is no longer subject to 4th Amendment Search and Seizure."

Anthony Martin at the Examiner noted the international agency now can operate in the U.S. will "full immunity" from U.S. laws and "with complete independence from oversight from the FBI."

At National Review Andy McCarthy asked, "Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?"

At UNDispatch, which is a blog on the United Nations, Mark Leon Goldberg, who explained he worked at Interpol's headquarters in France in 2002, said there isn't much danger of INTERPOL agents whisking Americans off to jail. But he confirmed, "As to the specific reason why the Obama administration would decide, last week, to extend to INTERPOL the same suite of diplomatic privileges that are typically accorded to international organizations? I don't have a good answer for that. My sense is that it probably has something to with the accessibility of INTERPOL's secure criminal databases (on things like stolen passports and the like)."

But the Obama critics at the Obamafile weren't convinced.

"By this EO, Obama has conferred diplomatic immunity upon INTERPOL, exemption from being subject to search and seizure by law enforcement, exemption from U.S. taxes, and immunity from FOIA requests, etc. … Does INTERPOL have a file on Obama – or his associations?"

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ISN'T THIS UNCONSTITUTIONAL??????????????????????????????
So does everyone still want to listen to all these prosperity preachers?? Judgement is comming to this Country,Wake up. Our soldiers are in vain so long as we have a REPROBATE COMMANDER AND CHIEF. Maybe it's time to listen to these gloom and doom preachers and prophets. Now, all that is left is for interpol to flex its muscles. And futher more I have no Idea what Obama means by saying,"By the authority vested in me as President by the Constitution and the laws of the United States of America....."
This is Complete Treason, we are being stabbed in the back by our own president,and sold out by just like the African's sold out their own people to become slaves. This is also a slap in the face to our law because this action declares our law to be inaddequite.
Linda, almost everything Obama (The Big Zero) has done has been illegal or unconstitutional.
BO himself is Illegal and Un-Constitutional.
The Sheriffs of all States( Counties) ,along with State Troopers,can stop this, Interpol is a foriegn U.N.police force and has NO Juricdiction on United States Soil,NO LAW ENFORCEMENT OFFICER ,can kick your door down without a warrant or search warrant,nor can they hym you up and kick the crap out of you or abuse you after you have been arresed( all though there are many they would like to.),Evidentually obama likes violance as he has given these power hungry communist thugs the right to over ride any authority Law Enforcement has,We shall see when they come slideing down the horn,sure could be a mad Bull at the end of that horn,called U.S.A.citizens.
P.S.,if there is any time left, get your make my day and stand your ground Laws passed or inforced,these are legal ligitimate Laws,they give you the right to use leathal force if you feel your life is in jeapordy,or the lives of your family or your property,it is your right,then let the courts decide on the out come of your actions,they will have to prove you were not in fear .
Some very good suggestions. We must prepare for what is coming. Obama is doing his best to wreck our country.
President Obama's Executive Order EO 12425 put INTERPOL above the United States Constitution, beyond the legal reach of our own top law enforcement. Why is Obama allowing foreign law enforcement to operate free of safeguards that historically protected U. S. Citizens until now? Most importantly Obama’s Executive Order authorized INTERPOL to act within the United States without being subject to 4th Amendment Search and Seizure." That appears the KEY:

Since the Patriot Act passed several European Countries have entered into Asset Forfeiture Sharing Agreements with the United States. Now consider in 2008 Telecoms were granted government immunity after they helped U.S. Government spy on millions of Americans’ electronic communications. U.S. Government never disclosed what happened to NSA’s millions of collected emails, faxes and phone call information that belong to U.S. Citizens? Neither Congress nor the courts—determined what NSA electronic surveillance could be used by police or introduced into court by the government to prosecute U.S. Citizens. At issue are millions of illegal wiretaps prohibited by the Fourth Amendment from being used in courts. The Fourth Amendment would appear now thrashed when you consider Obama’s recent Executive order granted INTERPOL an exemption from the Fourth Amendment. After the Patriot Act passed: Several European Countries Entered into Asset Forfeiture Sharing Agreements with the United States. Obama’s executive order will now allow U.S. police to circumvent the Fourth Amendment by working with INTERPOL in criminal investigations. In 2004, former Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary” criminal prosecutions. That was shortly after a court case lowered a barrier that blocked prosecutors from using certain illegal-wire tap evidence in Justice Dept. “Intelligence Files” to prosecute ordinary crimes: that evidence may also be used by governments to prosecute civil asset forfeitures. Police too easily can take an innocent person’s hastily written email, fax or phone call out of context to allege a crime or violation was committed to cause an arrest or asset forfeiture. See: http://www.securityfocus.com/news/5452

Considering that court case, it might be possible for NSA to share its recent electronic-domestic-spying with countless U.S. police agencies; and foreign police, including government contracted--companies and private individuals that have security clearances to facilitate seizing Americans’ property—-to keep part of the bounty. It appears Obama’s executive order with INTERPOL knocked down the last barrier, the Fourth Amendment.

There are over 200 U.S. laws and violations mentioned in the Civil Asset Forfeiture Reform Act of 2000 and the Patriot Act that can subject property to civil asset forfeiture.” Under federal civil forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. In the U.S. private security companies and their operatives work so closely with law enforcement to forfeit property—providing intelligence information, they appear to merge with police.

Rep. Henry Hyde’s bill HR 1658 passed, the “Civil Asset Forfeiture Reform Act of 2000” and effectively eliminated the “statue of limitations” for Government Civil Asset Forfeiture. The statute now runs five years from when police allege they “learned” that an asset became subject to forfeiture. With such a weak statute of limitations and the low standard of civil proof needed for government to forfeit property “A preponderance of Evidence”, it is problematic INTERPOL working with U.S. law enforcement and private contractors will want access to telecom/NSA and other government wiretaps perhaps illegal, to secure evidence to arrest Americans and or civilly forfeit their homes, inheritances and businesses under Title 18USC and other laws. Thanks to Obama, U.S. Police can now use INTERPOL to circumvent the Fourth Amendment to share assets seized from Americans with U.S. police agencies.

Under the USA Patriot Act, witnesses can be kept hidden while being paid part of the assets they cause to be forfeited. The Patriot Act specifically mentions using Title 18USC asset forfeiture laws: those laws include a provision in Rep. Henry Hyde’s 2000 bill HR 1658—for “retroactive civil asset forfeiture” of “assets already subject to government forfeiture”, meaning "property already tainted by crime" provided “that property” was already part of or “later connected” to a criminal investigation in progress" when HR.1658 passed. That can apply to more than two hundred federal laws and violations.

To help protect Americans from police forfeiture abuse, Congress should pass legislation that raises the standard of evidence Government uses for Civil Asset Forfeiture from a mere “Preponderance of Evidence”, to “Clear and Convincing Evidence.

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