Constitutional Emergency

Obama Executive Order Declares ‘National Emergency’

WARNING:I have not VETTED This.but important enough to pass on to those of you who can & for others to have the extra time needed to become pre prepared!

  Obama Executive Order Declares ‘National Emergency’

 

With apparently no coverage from the press, President Obama on June 25 signed  another executive order, titled “Highly Enriched Uranium,” in which he uses the  phrase “(I) hereby declare a national emergency.”

The link to the page at WhiteHouse.gov as of this writing is http://www.whitehouse.gov/the-press-office/2012/06/25/executive-ord....  The complete text as it appears on the WhiteHouse.gov site is included at the  end of this article.

The stated purpose of the order is to protect assets and payments owed to the  Russian Federation for converting old Soviet nuclear warheads to plutonium  usable in energy production.

The wording is not entirely clear, so whether there is another purpose to  this executive order only time will tell, but the use of the phrase “national  emergency” is noteworthy.

Also notable is Section 5a, which says:

Sec.  5.  (a)  The Secretary of the Treasury, in consultation with  the Secretary of State, the Secretary of Energy, and, as appropriate, other  agencies, is hereby authorized to take such actions, including the promulgation  of rules and regulations, and to employ all powers granted to the President by  IEEPA, as may be necessary to carry out the purposes of this order.  The  Secretary of the Treasury may redelegate any of these functions to other  officers and agencies of the United States Government consistent with applicable  law.  All agencies of the United States Government are hereby directed to  take all appropriate measures within their statutory authority to carry out the  provisions of this order.

The section seems to be invoking the IEEPA, International Emergency Economic  Powers Act, which authorizes the president to regulate commerce after declaring  a national emergency.

The declaration of a national emergency may also have application to at least  two other executive orders Obama signed previously:

  • Executive Order 13603 – National Defense Resources Preparedness — Updates  previous order. In peacetime or times of national emergency, heads of  Agriculture, Energy, Health and Human Services, Transportation, Defense and  Commerce can take food, livestock, fertilizer, farm equipment, all forms of  energy, water resources, all forms of civil transportation and any other  materials, including construction materials from wherever they are  available.
  • Executive Order 13575 – Establishment of the White House Rural Council — Authorizes a Rural Council to exert control over “agricultural organizations,  small businesses, education and training institutions, health-care providers,  telecommunications services providers, research and land grant institutions, law  enforcement, State, local, and tribal governments, and nongovernmental  organizations regarding the needs of rural America.”
I’m sure all of this has a perfectly reasonable, no-need-for-concern  explanation that the mainstream media will eventually tell us once they get the  memo from the White House.

I’ll leave the interpreting for now up to you readers.

Buckle up, folks.

Here is the text of the Executive Order as it appeared on the WhiteHouse.gov  site:

Executive Order–Russian Highly Enriched Uranium

EXECUTIVE ORDER

BLOCKING PROPERTY OF THE GOVERNMENT OF THE RUSSIAN FEDERATION RELATING TO THE  DISPOSITION OF HIGHLY ENRICHED URANIUM EXTRACTED FROM NUCLEAR WEAPONS

By the authority vested in me as President by the Constitution and the laws  of the United States of America, including the International Emergency Economic  Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies  Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United  States Code,

I, BARACK OBAMA, President of the United States of America, in view of the  policies underlying Executive Order 12938 of November 14, 1994, and Executive  Order 13085 of May 26, 1998, and the restrictions put in place pursuant to  Executive Order 13159 of June 21, 2000, find that the risk of nuclear  proliferation created by the accumulation of a large volume of weapons-usable  fissile material in the territory of the Russian Federation continues to  constitute an unusual and extraordinary threat to the national security and  foreign policy of the United States, and hereby declare a national  emergency to deal with that threat.  I hereby order:

Section 1.  A major  national security goal of the United States is to ensure that fissile material  removed from Russian nuclear weapons pursuant to various arms control and  disarmament agreements is dedicated to peaceful uses, subject to transparency  measures, and protected from diversion to activities of proliferation  concern.  As reflected in Executive Order 13085, the full implementation of  the Agreement Between the Government of the United States of America and the  Government of the Russian Federation Concerning the Disposition of Highly  Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993, and  related contracts and agreements (collectively, the “HEU Agreements”) is  essential to the attainment of this goal.  The HEU Agreements provide for  the conversion of approximately 500 metric tons of highly enriched uranium  contained in Russian nuclear weapons into low-enriched uranium for use as fuel  in commercial nuclear reactors.  In furtherance of our national security  goals, all heads of departments and agencies of the United States Government  shall continue to take all appropriate measures within their authority to  further the full implementation of the HEU Agreements.

Sec. 2.  Government of  the Russian Federation assets directly related to the implementation of the HEU  Agreements currently may be subject to attachment, judgment, decree, lien,  execution, garnishment, or other judicial process, thereby jeopardizing the full  implementation of the HEU Agreements to the detriment of U.S. foreign  policy.  In order to ensure the preservation and proper and complete  transfer to the Government of the Russian Federation of all payments due to it  under the HEU Agreements, and except to the extent provided in regulations,  orders, directives, or licenses that may be issued pursuant to this order, or  that were issued pursuant to Executive Order 13159 of June 21, 2000, all  property and interests in property of the Government of the Russian Federation  directly related to the implementation of the HEU Agreements that are in the  United States, that hereafter come within the United States, or that are or  hereafter come within the possession or control of any United States persons,  including any foreign branch, are blocked and may not be transferred, paid,  exported, withdrawn, or otherwise dealt in. Unless licensed or authorized  pursuant to this order, or Executive Order 13159 of June 21, 2000, any  attachment, judgment, decree, lien, execution, garnishment, or other judicial  process is null and void with respect to any property or interest in property  blocked pursuant to this order.

Sec. 3.  (a)  Any  transaction that evades or avoids, has the purpose of evading or avoiding,  causes a violation of, or attempts to violate any of the prohibitions set forth  in this order is prohibited.

(b)  Any conspiracy formed to violate any of the prohibitions set forth  in this order is prohibited.

Sec. 4.  For the  purposes of this order:

(a)  the term “person” means an individual or entity;

(b)  the term “entity” means a partnership, association, trust, joint  venture, corporation, group, subgroup, or other organization;

(c)  the term “United States person” means any United States citizen,  permanent resident alien, entity organized under the laws of the United States  or any jurisdiction within the United States (including foreign branches), or  any person in the United States; and

(d)  the term “Government of the Russian Federation” means the  Government of the Russian Federation, any political subdivision, agency, or  instrumentality thereof, and any person owned or controlled by, or acting for or  on behalf of, the Government of the Russian Federation.

Sec. 5.  (a)  The  Secretary of the Treasury, in consultation with the Secretary of State, the  Secretary of Energy, and, as appropriate, other agencies, is hereby authorized  to take such actions, including the promulgation of rules and regulations, and  to employ all powers granted to the President by IEEPA, as may be necessary to  carry out the purposes of this order.  The Secretary of the Treasury may  redelegate any of these functions to other officers and agencies of the United  States Government consistent with applicable law.  All agencies of the  United States Government are hereby directed to take all appropriate measures  within their statutory authority to carry out the provisions of this order.

(b)  Nothing contained in this order shall relieve a person from any  requirement to obtain a license or other authorization from any department or  agency of the United States Government in compliance with applicable laws and  regulations subject to the jurisdiction of the department or agency.

Sec. 6.  The Secretary  of the Treasury, in consultation with the Secretary of State, is hereby  authorized to submit the recurring and final reports to the Congress on the  national emergency declared in this order, consistent with section 401(c) of the  NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).

Sec. 7.  This order is  not intended to, and does not, create any right or benefit, substantive or  procedural, enforceable at law or in equity by any party against the United  States, its departments, agencies, or entities, its officers, employees, or  agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE, June 25, 2012.

Read more: http://godfatherpolitics.com/5892/obama-executive-order-declares-na...

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