Obama Making Plans to Use Executive Power

NY TIMES– With much of his legislative agenda stalled in Congress, President Obama and his team are preparing an array of actions using his executive power to advance energy, environmental, fiscal and other domestic policy priorities.

Mr. Obama has not given up hope of progress on Capitol Hill, aides said, and has scheduled a session with Republican leaders on health care later this month. But in the aftermath of a special election in Massachusetts that cost Democrats unilateral control of the Senate, the White House is getting ready to act on its own in the face of partisan gridlock heading into the midterm campaign.

“We are reviewing a list of presidential executive orders and directives to get the job done across a front of issues,” said Rahm Emanuel, the White House chief of staff.

Any president has vast authority to influence policy even without legislation, through executive orders, agency rule-making and administrative fiat. And Mr. Obama’s success this week in pressuring the Senate to confirm 27 nominations by threatening to use his recess appointment power demonstrated that executive authority can also be leveraged to force action by Congress.

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© 2010 NY TIMES

Congress Seeks to Authorize & Legalize FEMA Camps

DAILY PAUL– A new bill has been introduced in the U.S. House of Representatives called the National Emergency Centers Act or HR 645. This bill, if passed into law, will direct the Secretary of Homeland Security to establish national emergency centers otherwise known as FEMA camp facilities on military installations. This is an incredibly disturbing piece of legislation considering that the powers that be have already set in motion an agenda to setup a nationwide martial law apparatus through U.S. Northern Command and the Department of Homeland Security.

Apparently, the fusion centers, militarized police, surveillance cameras and a domestic military command is not enough. Even though we know that detention facilities are already in place, they now want to legalize the construction of FEMA camps on military installations using the ever popular excuse that the facilities are for the purposes of a national emergency. With the phony debt based economy getting worse and worse by the day, the possibility of civil unrest is becoming a greater threat to the establishment. One need only look at Iceland, Greece and other nations for what might happen in the United States next.

With this in mind, it appears as if these so called national emergency centers will be used in a national emergency but only if the national emergency requires large groups of people to be rounded up and detained. If that isn’t the case, than why have these national emergency facilities built in military installations?

Let’s look through the various portions of the bill.

Here is section 2 of the bill taken directly from the proposed legislation.

SEC. 2. ESTABLISHMENT OF NATIONAL EMERGENCY CENTERS

(a) In General- In accordance with the requirements of this Act, the Secretary of Homeland Security shall establish not fewer than 6 national emergency centers on military installations.

(b) Purpose of National Emergency Centers- The purpose of a national emergency center shall be to use existing infrastructure–

(1) to provide temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster;

(2) to provide centralized locations for the purposes of training and ensuring the coordination of Federal, State, and local first responders;

(3) to provide centralized locations to improve the coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations; and

(4) to meet other appropriate needs, as determined by the Secretary of Homeland Security.

The legislation says that the Secretary of Homeland Security shall establish not fewer than 6 national emergency centers on military installations. This means that the Secretary of Homeland Security can setup as many FEMA camps within military installations as they want, it just has to be more than 6 of them. On top of that, it also states that the facilities will be used to meet other appropriate needs as determined by the Secretary of Homeland Security. This could mean anything. If the Secretary of Homeland Security thinks it is appropriate to kill large groups of people like the Nazis did in World War II Germany, than it looks as if this bill would give them the authority to use these facilities for that purpose.

Below is section 3 taken from the bill.

SEC. 3. DESIGNATION OF MILITARY INSTALLATIONS AS NATIONAL EMERGENCY CENTERS

(a) In General- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate not fewer than 6 military installations as sites for the establishment of national emergency centers.

(b) Minimum Requirements- A site designated as a national emergency center shall be–

(1) capable of meeting for an extended period of time the housing, health, transportation, education, public works, humanitarian and other transition needs of a large number of individuals affected by an emergency or major disaster;

(2) environmentally safe and shall not pose a health risk to individuals who may use the center;

(3) capable of being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures;

(4) capable of housing existing permanent structures necessary to meet training and first responders coordination requirements during nondisaster periods;

(5) capable of hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs;

(6) required to consist of a complete operations command center, including 2 state-of-the art command and control centers that will comprise a 24/7 operations watch center as follows:

(A) one of the command and control centers shall be in full ready mode; and

(B) the other shall be used daily for training; and

(7) easily accessible at all times and be able to facilitate handicapped and medical facilities, including during an emergency or major disaster.

(c) Location of National Emergency Centers- There shall be established not fewer than one national emergency center in each of the following areas:

(1) The area consisting of Federal Emergency Management Agency Regions I, II, and III.

(2) The area consisting of Federal Emergency Management Agency Region IV.

(3) The area consisting of Federal Emergency Management Agency Regions V and VII.

(4) The area consisting of Federal Emergency Management Agency Region VI.

(5) The area consisting of Federal Emergency Management Agency Regions VIII and X.

(6) The area consisting of Federal Emergency Management Agency Region IX.

(d) Preference for Designation of Closed Military Installations- Wherever possible, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate a closed military installation as a site for a national emergency center. If the Secretaries of Homeland Security and Defense jointly determine that there is not a sufficient number of closed military installations that meet the requirements of subsections (b) and (c), the Secretaries shall jointly designate portions of existing military installations other than closed military installations as national emergency centers.

(e) Transfer of Control of Closed Military Installations- If a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Defense shall transfer to the Secretary of Homeland Security administrative jurisdiction over such closed military installation.

(f) Cooperative Agreement for Joint Use of Existing Military Installations- If an existing military installation other than a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Homeland Security and the Secretary of Defense shall enter into a cooperative agreement to provide for the establishment of the national emergency center.

(g) Reports-

(1) PRELIMINARY REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site–

(A) an outline of the reasons why the site was selected;

(B) an outline of the need to construct, repair, or update any existing infrastructure at the site;

(C) an outline of the need to conduct any necessary environmental clean-up at the site;

(D) an outline of preliminary plans for the transfer of control of the site from the Secretary of Defense to the Secretary of Homeland Security, if necessary under subsection (e); and

(E) an outline of preliminary plans for entering into a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f).

(2) UPDATE REPORT- Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site–

(A) an update on the information contained in the report as required by paragraph (1);

(B) an outline of the progress made toward the transfer of control of the site, if necessary under subsection (e);

(C) an outline of the progress made toward entering a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and

(D) recommendations regarding any authorizations and appropriations that may be necessary to provide for the establishment of a national emergency center at the site.

(3) FINAL REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site–

(A) finalized information detailing the transfer of control of the site, if necessary under subsection (e);

(B) the finalized cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and

(C) any additional information pertinent to the establishment of a national emergency center at the site.

(4) ADDITIONAL REPORTS- The Secretary of Homeland Security, acting jointly with the Secretary of Defense, may submit to Congress additional reports as necessary to provide updates on steps being taken to meet the requirements of this Act.

This section authorizes the Homeland Security Secretary to setup these FEMA camps in closed or open military installations and in regions around the nation. This essentially legalizes any existing FEMA camp infrastructure that has been built in either closed or open military installations and opens the door for additional facilities to be created.

Fortunately, the bill only authorizes $180,000,000 per year for these facilities, but considering that the majority of the detention facilities are probably already built, they won’t need much additional funding. There is no doubt judging from the language of this bill, that it is meant to legalize what they’ve already been doing. After all, FEMA has already been looking at ways to transport large quantities of people to camps, they held a FEMA camp drill which consisted of an illegal alien round up in Iowa and KBR/Halliburtion has already aided in the creation of detention facilities. The rationale behind this legislation is undoubtedly to serve as a mechanism of control if the authorities need facilities to hold large amounts of dissenting people.   This is not to help people.  One only needs to take a look at what happened during Hurricane Katrina and it is obvious that the government does not care about the people.  They didn’t care then, and they don’t care now, and these facilities built or unbuilt will definitely not be utilized for the people’s interest.

© 2009 DAILY PAUL

Explorer Boy Scouts Train to Fight Terrorists, and More

NY TIMES– Ten minutes into arrant mayhem in this town near the Mexican border, and the gunman, a disgruntled Iraq war veteran, has already taken out two people, one slumped in his desk, the other covered in blood on the floor.

The responding officers — eight teenage boys and girls, the youngest 14 — face tripwire, a thin cloud of poisonous gas and loud shots — BAM! BAM! — fired from behind a flimsy wall. They move quickly, pellet guns drawn and masks affixed.

“United States Border Patrol! Put your hands up!” screams one in a voice cracking with adolescent determination as the suspect is subdued.

It is all quite a step up from the square knot.

The Explorers program, a coeducational affiliate of the Boy Scouts of America that began 60 years ago, is training thousands of young people in skills used to confront terrorism, illegal immigration and escalating border violence — an intense ratcheting up of one of the group’s longtime missions to prepare youths for more traditional jobs as police officers and firefighters.

“This is about being a true-blooded American guy and girl,” said A. J. Lowenthal, a sheriff’s deputy here in Imperial County, whose life clock, he says, is set around the Explorers events he helps run. “It fits right in with the honor and bravery of the Boy Scouts.”

The training, which leaders say is not intended to be applied outside the simulated Explorer setting, can involve chasing down illegal border crossers as well as more dangerous situations that include facing down terrorists and taking out “active shooters,” like those who bring gunfire and death to college campuses. In a simulation here of a raid on a marijuana field, several Explorers were instructed on how to quiet an obstreperous lookout.

Read more about Explorer Boy Scouts Train to Fight Terrorists.

© 2009 NY TIMES

RNC Protestors Tried on Terrorism Charges

DEMOCRACY NOW– Last September in St. Paul, Ramsey County prosecutors formally charged eight members of the group RNC Welcoming Committee with conspiracy to riot in furtherance of terrorism. The criminal complaints reportedly do not allege that any of the defendants personally engaged in any act of violence or damage to property. Instead, authorities are seeking to hold them responsible for acts committed by other individuals during the RNC’s opening days. We speak to one of the defendants, Luce Guillen-Givins, and RNC 8 Attorney Jordan Kushner. [includes rush transcript]

AMY GOODMAN: We end today’s broadcast by looking at the latest developments in the case of the RNC 8. Last September in St. Paul, Ramsey County prosecutors formally charged eight members of the group RNC Welcoming Committee with conspiracy to riot in furtherance of terrorism.

The eight activists are believed to be the first people ever charged under the 2002 Minnesota version of the federal PATRIOT Act. The activists face up to seven-and-a-half years in prison. The criminal complaints filed by the Ramsey County attorney reportedly do not allege any of the defendants personally engaged in any act of violence or damage to property. Instead, authorities are seeking to hold the eight defendants responsible for acts committed by other individuals during the opening days of the Republican National Convention.

In December, Ramsey County Attorney Susan Gaertner, who is also running for governor of Minnesota, added three more felony charges. Combined, the charges could carry a maximum of twelve-and-a-half years in prison.

Luce Guillen-Givins is one of the RNC 8—Luce. She’s also joined by Jordan Kushner, an attorney for the RNC 8. They both join us from Minneapolis.

Luce, when do you go to court?

LUCE GUILLEN-GIVINS: My next hearing is on February 27th in the morning, and it’s a motions hearing on discovery.

AMY GOODMAN: And what are you exactly charged with?

LUCE GUILLEN-GIVINS: I have four felony counts that I’m facing: conspiracy to commit a riot in furtherance of terrorism, conspiracy to commit riot, conspiracy to commit criminal damage to property in furtherance of terrorism, and conspiracy to commit criminal damage to property.

AMY GOODMAN: Luce, what were you doing at the Republican convention?

LUCE GUILLEN-GIVINS: Well, at the convention, I was in jail. I had been in jail since the Saturday before. But I did spend more than a year and a half beforehand organizing with a group called the RNC Welcoming Committee. And we were primarily an infrastructural logistical group bringing together a lot of different people for radical protests at the convention.

AMY GOODMAN: Jordan Kushner, there has already been a case that’s gone to trial that we covered, because it involved an FBI informant. That case went to mistral. What is the significance of the two men who were charged in that case? In that case, what was it? A hung jury? And what it means for the RNC 8?

JORDAN KUSHNER: That’s right. It was a hung jury, and technically it doesn’t mean anything for the RNC 8, because there’s no connection whatsoever between the RNC 8 and those people, even though the prosecutor in that case was trying to tie them to the Welcoming Committee.

But the fact that you had people who indisputably had Molotov cocktails and the jury couldn’t agree on convicting them, I don’t think that bodes well at all for the state in this case, where you have people who were locked up in jail while the convention protests were going on, aren’t accused of having or doing anything that could cause any harm to other people, and yet they’re being charged with felony terrorist charges.

AMY GOODMAN: And, Jordan Kushner, the latest information about an FBI informant within the RNC Welcoming Committee that has just come out?

JORDAN KUSHNER: That’s right. He was an FBI informant and actually was an FBI informant in that Molotov cocktail case, too, although he wasn’t called because of the criminal charges of his own that he’s facing. He was arrested for some violent burglary charges in January, where he broke into someone’s house, assaulted two people. And so, he’s facing felony charges right now in Hennepin County over that. He was the most—he’s the principal informant in the RNC 8 case, the main person they’re relying on to accuse them of planning the destruction of property.

AMY GOODMAN: What will it mean for your case, given that he was just charged in a criminal case? I mean, could charges against him be lessened depending on what he said in the RNC 8 case?

JORDAN KUSHNER: Well, we don’t know right now, because his prosecution is at the beginning stages. And, of course, it shouldn’t have any affect. This is something he did on his own, and it’s actually much more violent than anyone that’s involved in the protest is accused of doing. So I think it would be scandalous if they lessened his charges in that case and let him out of committing violent felonies because he’s cooperating against—in a political prosecution against political protesters. And so, we’ll have to see how this dynamic plays out.

AMY GOODMAN: Luce, did you know him? According to the paper this morning, Andrew Darst, thirty years old, spied on anarchists planning disruptions at the RNC, the paper said.

LUCE GUILLEN-GIVINS: I did know him. He was an active part of the Welcoming Committee for a number of months before the convention, and he was somebody that I saw and spoke to on a regular basis.

AMY GOODMAN: For those who are watching TV, we had just showed a picture of Brandon Darby. Now, Brandon was the self-confessed FBI informant when documents came out showing—was in the other case of the two young men who were charged whose case went to—ended up with a hung jury, so they face another case.

Luce, you’re the—your case, it’s believed that you’re the first people to be charged under the Minnesota version of the USA PATRIOT Act that was passed in 2002. The significance of this, as we wrap up?

LUCE GUILLEN-GIVINS: I think the significance is that this is one more step in the process of criminalizing dissent. Of course, people were outraged when the PATRIOT Act passed in the first place. And then state versions were passed across the country. And it’s significant anywhere that people would be prosecuted as terrorists for involving themselves in political dissent of any nature. And, of course, it’s not about necessarily agreeing with our politics or toeing any sort of party line. It’s the fact that we do have a right to protest. Any prosecution under a PATRIOT Act or any similar legislation infringes on those rights.

AMY GOODMAN: I want to thank you both for being with us. Luce Guillen-Givins, one of the RNC 8. They face trial now. Jordan Kushner, attorney for the RNC 8.

Animal Rights Activists Indicted as “Terrorists”

GREEN IS NEW RED– When four animal rights activists were arrested under the Animal Enterprise Terrorism Act, it was unclear how prosecutors would proceed, and what specific accusations the activists would face. Now, the government indictment, available here for the first time, makes it strikingly clear that prosecutors intend to use terrorism laws to target First Amendment activity.

The “AETA 4,”—Joseph Buddenburg, Maryam Khajavi, Nathan Pope, and Adriana Stumpo—have been indicted for “conspiracy” to violate the Animal Enterprise Terrorism Act. As justification of the charge, the indictment lists three specific acts:

-A protest on October 21, 2007, at an animal researcher’s home. The government says this amounts to “threats, criminal trespass, harassment and intimidation.” In the criminal complaint, the FBI said that on this date “protesters trespassed onto Professor Number One’s front yard and rang his doorbell several times. The group was making a lot of noise and chanting animal rights slogans (“1, 2, 3, 4 open up the cage door; 5, 6, 7, 8, smash the locks and liberate; 9, 10, 11, 12, vivisectors go to hell”)…”

-A protest on January 27, 2008, at an animal researcher’s home. The government says this amounts to “threats, harassment, and intimidation.” In the criminal complaint, the FBI said that on this date approximately 11 individuals demonstrated at the homes of multiple researchers. “At each residence, the individuals, dressed generally in all black clothing and wearing bandanas over their nose and mouth, marched, chanted, and chalked defamatory comments on the public sidewalks…”

-Use of the Internet. They allegedly “used the Internet to find information on bio-medical researchers at the University of California at Santa Cruz.”

Even more telling, though, is what is not listed in the indictment. In the criminal complaint and the FBI press release, the government mentioned the above allegations along with two other incidents—the only two incidents even approaching a “gray area” between protected speech and illegal conduct.

At one protest attended by the defendants, a researcher “struggled with one individual and was hit with a dark, firm object,” according to the FBI. (February 24, 2008)A stack of fliers titled “Murderers and torturers alive & well in Santa Cruz July 2008 edition” was found at a local coffee shop, Café Pergolesi. The fliers said “we know where you live we know where you work we will never back down until you end your abuse” and listed home addresses and telephone numbers. The FBI used video surveillance to allegedly link the flier distribution to the defendants. (July 29, 2008)

Now, to be very clear, the details in an indictment aren’t the final word in any criminal case. They never reveal too much of the prosecution’s hand. They do, however, lay the backbone of the government’s case and put the prosecution’s best foot forward.

Omitting the most controversial, potentially-illegal activity, and instead focusing on protests that involved chalking slogans and chanting, sends a very clear message of where this is all heading. This case and others like it are not about underground groups like the Animal Liberation Front, they are not about “violence,” they are not about the real potential for violence.

They are about using the “War on Terrorism” to chip away at basic First Amendment rights and criminalize dissent.

© 2009 GREEN IS THE NEW RED