On December 21, 2017 President Trump signed a provocative Executive Order that appears to be in violation of the US Constitution and is a considerable grab for power that could be used to punish political enemies. No one in the major media has taken note of this Executive Order, much to our amazement where we see it as a potential taking of power that could be used against political enemies.
Where the Democrats have been so paranoid over Russian influence in the 2016 election, with no evidence, save the “17 US intelligence agencies all say Russia hacked our 2016 election to help Donald Trump after they got 20% of our uranium in perpetuity for $145.5 million to the Clinton Foundation we wonder why they and their major media collaborators are not up-in-arms over this Executive Order as it may directly affect some of their best friends and biggest donors, George Soros, for example.
Note: The full order may be seen at:
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In a first analysis we see the following: (See our comments after “AV:”
“Section 1. (a) All property and interests in property 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or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:”
AV: This really strangles the target and reduces his capacity to defend himself as criminal lawyers are very expensive, want money up front, and no bank will consider any such impounded asset as loan collateral.
“Sec. 2. The unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 1 of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions).”
AV: “Nonimmigrant” includes tourists and illegal aliens as well as known criminals or accused persons. Mark Rich is an example as he had dealt in some illegal commodity trading, fled to Switzerland before he could be arrested and was later pardoned by Bill Clinton after Rich’s ex-wife donated $1 million to a Clinton Charity fund.
“Sec. 3. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1 of this order.”
AV: This is aimed at elected people who take money from aliens as did Bill Clinton from the Chinese Red Army in 1996. This will meet with considerable opposition in Congress by Democrats.
Sec. 4. The prohibitions in Section 1 include:
(a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services from any such person.
AV: Again, a thrust at election corruption by foreign powers.
Sec. 5. (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. 6. 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; and
(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.
“Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to this order.”
AV: This seems to be a reasonable, modern stricture given the ease in which funds are moved by cell phone, however it presumes guilt on a charge alone which is unconstitutional and it takes from an accused person the opportunity to act in ways consistent with innocence.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA and the Act as may be necessary to implement this order and section 1263(a) of the Act with respect to the determinations provided for therein. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions to other officers and agencies of the United States. All agencies shall take all appropriate measures within their authority to implement this order.
AV: This is to gain more power in these situations and demonstrates very thorough planning. This is a very high quality Executive Order.
Sec. 9. The Secretary of State is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA, the INA, and the Act as may be necessary to carry out section 2 of this order and, in consultation with the Secretary of the Treasury, the reporting requirement in section 1264(a) of the Act with respect to the reports provided for in section 1264(b)(2) of that Act. The Secretary of State may, consistent with applicable law, redelegate any of these functions to other officers and agencies of the United States consistent with applicable law.
Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, is hereby authorized to determine that circumstances no longer warrant the blocking of the property and interests in property of a person listed in the Annex to this order, and to take necessary action to give effect to that determination.
AV: This increases the power of the Secretary of State.
Sec. 11. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit 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)).
AV: This will result in more open government actions as these documents will now exist where they did not before this action.
Sec. 12. This order is effective at 12:01 a.m., Eastern Standard Time, December 21, 2017.
Sec. 13. 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.
AV: This is “boiler plate” to reduce and narrow challenges. Normally the President on becoming aware of any such situation would notify the Attorney General of a situation in need of investigation who would then instruct the FBI to do an investigation, seeking whatever warrants are needed and court orders would follow as needed.
Modern technology has created a situation criminal elements use to move assets out of jurisdiction instantly so this order will make necessary for them to create other ways to do business like “cryptocurrencies.”
The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.