Declarations of Emergency: Setting the Record Straight
There is great confusion about what Presidential declarations of emergency are currently in effect. After independently researching the issue myself, I have found the answer.
It is clear that pre-9/11 declarations of national emergency have authorized martial law. For example, as summarized by a former fellow for the Hoover Institution and the National Science Foundation, and the recipient of numerous awards, including the Gary Schlarbaum Award for Lifetime Defense of Liberty, Thomas Szasz Award for Outstanding Contributions to the Cause of Civil Liberties, Lysander Spooner Award for Advancing the Literature of Liberty and Templeton Honor Rolls Award on Education in a Free Society:
In 1973, the Senate created a Special Committee on the Termination of the National Emergency (subsequently redesignated the Special Committee on National Emergencies and Delegated Emergency Powers) to investigate the matter and to propose reforms. Ascertaining the continued existence of four presidential declarations of national emergency, the Special Committee (U.S. Senate 1973, p. iii) reported:
"These proclamations give force to 470 provisions of Federal law. . . . taken together, [they] confer enough authority to rule the country without reference to normal constitutional processes. Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communications; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens."
The above-described Senate report states that many of the declarations of emergency still in effect declared 40 years earlier, and had never been rescinded.
Most or all of the emergency powers referred to by the above-quoted 1973 Senate report were actually revoked in the late 1970's by 50 U.S.C. Section 1601.
However, presidents have made numerous declarations of emergency since then, and the declarations made by President Bush in September 2001 are still in effect.
On September 11, 2001, the government declared a state of emergency. That declared state of emergency was formally put in writing on 9/14/2001:
"A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001 . . . ."
That declared state of emergency has continued in full force and effect from 9/11 to the present. For example, the White House website states:
"Consistent with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency I declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and aboard United Airlines flight 93, and the continuing and immediate threat of further attacks on the United States.
Because the terrorist threat continues, the national emergency declared on September 14, 2001, last extended on September 5, 2006, and the powers and authorities adopted to deal with that emergency, must continue in effect beyond September 14, 2007. Therefore, I am continuing in effect for an additional year the national emergency I declared on September 14, 2001, with respect to the terrorist threat."
A separate announcement on the White House website states:
"Because the actions of these persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to the United States, the national emergency declared on September 23, 2001, and the measures adopted on that date to deal with that emergency, must continue in effect beyond September 23, 2007. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to persons who commit, threaten to commit, or support terrorism."
See also this.
It is also clear that the White House has kept substantial information concerning its presidential proclamations and directives hidden from Congress. For example, according to Steven Aftergood of the Federation of American Scientists Project on Government Secrecy:
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Emergency supplemental budget requests for war
So that means there is a purpose for the DOD (OMB) to use emergency supplemental budget requests for funding. It's because it provides documentary evidence of the continuing emergency. It gives them a case to argue in the event they ever need it.
And, I would suspect that if the Congress ever refuses to provide the emergency funding, there will be another 'coincidental' event that would qualify as a national emergency.
I found a copy of the September 14, 2001 Executive Order on the White House website. It's a little easier to read than the actual law:
http://www.whitehouse.gov/news/releases/2001/09/print/20010914-5.html
Did you notice the delegation and sub-delegation of presidential powers? This is scary -
Sec. 4. The Secretary of Defense is hereby designated and empowered, without the approval, ratification, or other action by the President, to exercise the authority vested in the President by sections 123, 123a, 527, and 12006 of title 10, United States Code, as invoked by sections 2 and 3 of this order.
Sec. 5. The Secretary of Transportation is hereby designated and empowered, without the approval, ratification, or other action by the President, to exercise the authority vested in sections 331, 359, and 367 of title 14, United States Code, when the Coast Guard is not serving as part of the Navy, as invoked by section 2 of this order, to recall any regular officer or enlisted member on the retired list to active duty and to detain any enlisted member beyond the term of his or her enlistment.
Sec. 6. The authority delegated by this order to the Secretary of Defense and the Secretary of Transportation may be redelegated and further subdelegated to civilian subordinates who are appointed to their offices by the President, by and with the advice and consent of the Senate.
Continuation of National Emergency Sept 12, 2007
http://www.whitehouse.gov/news/releases/2007/09/20070912-2.html
Obviously Congress knows ...
Continuation of National Emergency Sept 12, 2007 So, Congress is on notice that the US is in a state of National Emergency. How deeply does this change the framework of how the government operates.
Terrorism justifies anything they want to do
This also explains the signing of that agreement of 'cooperation' with India using terrorism as the reason.
That agreement was a knife stab in our economic jugular. Everything I read about it stated 'terrorism, terrorism, terrorism' as the reason. And I think he signed several other agreements with other countries using terrorism as the reason.
Joint Statement Between U.S. and India
Joint Statement Between the United States of America and the Republic of India
http://www.whitehouse.gov/news/releases/2001/11/20011109-10.html
Since September 11, the people of the United States and India have been united as never before in the fight against terrorism. In so doing, they have together reaffirmed the enduring ties between both nations, and the importance of further transforming the U.S.-India relationship. In their meeting, President Bush and Prime Minister Vajpayee discussed ways to accelerate progress towards these goals.
They noted that both countries are targets of terrorism, as seen in the barbaric attacks on September 11 in the United States and on October 1 in Kashmir. They agreed that terrorism threatens not only the security of the United States and India, but also our efforts to build freedom, democracy and international security and stability around the world. As leaders of the two largest multi-cultural democracies, they emphasized that those who equate terrorism with any religion are as wrong as those who invoke religion to commit, support or justify terrorist acts.
The two leaders remembered the victims of the many nationalities in the terrorist attacks on September 11 and agreed that all appropriate steps should be taken to bring the perpetrators to justice, while protecting the lives and welfare of the people affected by these efforts. They noted that both countries are providing humanitarian assistance to the people of Afghanistan.
They affirmed the current campaign against the Al-Qaida network and the Taliban in Afghanistan is an important step in a global war against terrorism and its sponsors everywhere in the world. They recognized that the international community will have to wage a long and multi-faceted struggle against terrorism, with patience, determination and unwavering focus. They emphasized that there is only one choice and only one outcome: terrorism must be fought and it shall be defeated.
Fact Sheet on the 11-9-2001 agreement
http://www.channelingreality.com/Documents/EconDialogueFactSheet.pdf
http://www.channelingreality.com/The_Coup/admin_coup.htm
Immunity
Does COG enable passing laws that grant immunity for war crimes? I mean, I'm pretty sure they've already done that. I was just wondering if COG provided the means to do that?
I can't believe this hasn't been reported elsewhere. It's on the White House website, for shit's sake.
You're doing great work here, GW.
Fine post,
though GeorgeWashington is oddly shy about naming the author quoted: libertarian (small-l, as in not known for any association with the Libertarian Party) economist-by-training, historian-by-vocation Robert Higgs.
Higgs is magnificent in his many studies of how the U.S. government contrives and exploits crises and catastrophes to enlarge itself at the expense of its citizens' (and, for that matter, of foreign citizens') freedom and prosperity. Sadly -- perhaps appreciating that his income and available publication outlets would quickly dry up -- Higgs has studiously avoided any discussion of 9/11 truth. Though I haven't tested this with him, if he's like a number of other respected libertarian scholars, he'll fail to respond to emails addressing the subject, instead of following the habit otherwise of at least acknowledging reasonable and respectful correspondence.
The silence of major libertarian scholars on 9/11 truth is deafening. But the wealthy donors who control the libertarian think tanks and periodicals must have their pound of flesh, and this omens ill for libertarianism as the old system of established lies approaches collapse in the emergent age of instant communication.
By the way, here's recent commentary by Higgs about how the powers-that-be arranged to involve America in World War II, a war in which it didn't belong and in which Americans didn't deserve to be thrust:
http://www.independent.org/newsroom/article.asp?id=2149
What a tragedy that Higgs doesn't feel free to speak so eloquently to what really happened on 9/11.
Johnny-Come-Latelies
I hope Higgs comes to the party soon, as we are witnessing a massive groundswell right now. Thanks for the article link, it's fascinating!
Personally, I understand the motivation of various pundits and scholars to avoid discussion of 9/11 truth. It is a sad economic reality that you allude to, and they are neither heroes nor villains. My issue is with figures who have gone out of their way to gratuitously disparage 9/11 truth, such as Noam Chomsky, Bill Maher, and of course war mongers like Bill O'Reilly and Rush Limbaugh.
GW, this issue has obsessed me since you brought it up ...
Trying to understand all of this is like grabbing on to a grease pig, just when I think I've got it, it oinks and slips away. Can you help me out with the following question?
Fact: The US has been in a state of emergency since 9/11/01 to present and is due for renewal or revoking in Sept. 23, 2008, or beyond (whatever the hell that means).
Question: Are the plans of COG still in effect or was that rescinded? (I cannot find any rescinded).
Quoting from your post:
"Because the actions of these persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to the United States, the national emergency declared on September 23, 2001, and the measures adopted on that date to deal with that emergency, must continue in effect beyond September 23, 2007. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to persons who commit, threaten to commit, or support terrorism."
Does that underline phrase: "measures adopted on that date to deal with that emergency",
really mean COG without stating it?
Truer words...
"Trying to understand all of this is like grabbing on to a grease pig, just when I think I've got it, it oinks and slips away."
Exactly so!
Joann, this is exactly what we need to find out
I believe that CoG was created and evolved as a subset of longstanding "national emergency" policy precedents and now actually supersedes them.
I suspect that GW and Peter Dale Scott do, as well.
This would explain everything we've seen in regards to the political and Constitutional dysfunction of Congress, as those few members inclined to resist this takeover have been coerced into silence and inaction by this unconstitutional veneer of "legality".
Our main problem in exposing this at this point is that almost all of CoG remains highly classified and unknown to the public.
If ever there was a time for a courageous whistleblower, now is that time.
Where is the Daniel Ellsberg of our time?
Unfortunately, one has to wonder what media outlet would take the chance and print the story, McClatchy?
This is something we have to pursue with dogged determination and unrelenting conviction, the very future of our republic is clearly in jeopardy as never before.
Continuity of government sounds so banal, so innocuous, that many will not consider its grave implications until they are fully exposed. I believe this is why Peter Dale Scott took notice of CoG well over a decade ago (as did a few others) and has been working to expose it ever since.
I hope that you and yours are well.
The truth shall set us free. Love is the only way forward.
Joann and All
My research shows that -- ON THE SURFACE -- the
measures adopted to deal with that emergency" are things like troop levels. Specifically, Bush's "Proc. No. 7463. Declaration of National Emergency by Reason of Certain Terrorist Attacks", Proc. No. 7463, Sept. 14, 2001, 66 F.R. 48199, says:
:
"pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize the following statutes: sections 123, 123a, 527, 2201 (c), 12006, and 12302 of title 10, United States Code, and sections 331, 359, and 367 of title 14, United States Code."
The code sections referred to have to do with increasing and maintaining troop levels and things like that.
HOWEVER, given that "Of the 54 National Security Presidential Directives issued by the [George W.] Bush Administration to date, the titles of only about half have been publicly identified. There is descriptive material or actual text in the public domain for only about a third. In other words, there are dozens of undisclosed Presidential directives that define U.S. national security policy and task government agencies, but whose substance is unknown either to the public or, as a rule, to Congress."
The real question is what powers the White House implemented IN SECRET based on the declared state of emergency.
Thanks so much for your claification ...
I agree with your assessment and research based on the documents I have read from the WH site, Nieman's Watchdog analysis, and among other reports. I thought perhaps the WH tried to slip in COG into the public declaration of National Emergency without mentioning it by name.
It has become apparent that EVERYTHING has to be passed under the microscope that these people initiate. It's what we don't know in the other half of undeclared 54 NSPD titles that keeps me up at night. Yes, I know that last statement is redundant, but redundancy at this point helps saving to my hard drive brain ;-)
Is this relevant?
http://www.antiwar.com/blog/2008/04/17/congress-quietly-repeals-martial-...
Congress Quietly Repeals Martial Law Provision
April 17, 2008 in News by James Bovard | 105 comments
In late 2006, Congress revised the Posse Comitatus Act and the Insurrection Act to make it far easier for a president to declare martial law. Those changes were repealed at the end of this January as part of Public Law 110-181 (HR 4986), the National Defense Authorization Act for Fiscal Year 2008 (signed into law by President Bush on January 28, 2008).
Senator Patrick Leahy (D-Vt), who championed the opposition to the original law, was also the hero of the repeal. It helped that all the nation’s governors opposed the 2006 law.
Boise State Professor Charlotte Twight, the author of the excellent Dependent on DC, alerted me to the change last night. I checked on Nexis and the only news coverage I found regarding the repeal was a 322-word Gannett News wire story from February 1 that focused on how the repeal made governors happy.
I first wrote about the Posse/Insurrection peril for American Conservative a year ago. My most recent piece on the subject was an article for the January issue of the Future of Freedom Foundation’s (FFF) Freedom Daily. The law was changed between the time the piece was published and when FFF posted the January article online on April 9.
These are my puzzle pieces today ...
National Continuity Policy: A Brief Overview CRS Report for Congress This document should be read, studied, and compared with the inclusion of NSPD 51 and HSPD 20. There is a line item on CRS-3 under the National Essential Functions NEF, bullet 3;
“Defending the Constitution of the United States against all enemies,
foreign and domestic, and preventing or interdicting attacks against the
United States or its people, property, or interests.
I find that line to be useful, if indeed, there is another ff, and a double edge sword considering HR1955 and S1959, however, it is important that we understand what the procedures are and how they are defined when compared to the reason the State of Emergency has been declared since 9/11/01 and renewed each year under that same reason. September of this year will be interesting.
In Ron Paul's analysis of the potential misuse of COG, he points to the committee members of COGC being made up of think tank types and lobbyist that would have the authority to appoint people in Congress if a catastrophic event took place where current Congress members have been killed. Now that is the scary part, because our government could be taken over or highjacked (more than it already is today).
Vid of what has happened to
Vid of what has happened to America, Ayn Rand, and scenes from Network. A good video to pass around for Truth Week.
Great work, GW, keep it coming!
While this would scare the bejeebers out of me if I let it, we have to get to the bottom of this, asap.
We also need to start educating everyone about this on a regular basis in the normal process of our 9/11 truth outreach.
We really need some short, concise flyers to hand out that identify the key issues and critical questions. Something very readable that can be printed on two sides of an 8.5 x 11 sheet of paper would be ideal. Something called:
Is The U.S. In A "STATE OF EMERGENCY" And What Is "CONTINUITY OF GOVERNMENT"?
or something like that.
Any volunteers?
hint hint
***big smile***
I hope that you and yours are well.
The truth shall set us free. Love is the only way forward.
The mess to be cleaned up will be massive
Sure will be fitting if the KBR camps will be used to house all the neo-facist scum while awaiting trial. I will indeed have a smile on my face the day when the CEOs, NWO types, PNAC, MSM stoogies and Congress scum finally get a long term reservation for one of the camps.
Martial Law? Try it. See what happens.
Sign off on "perpetual State of Emergency", see what that brings you in the end.
Lie about 9/11 or partipate in the conspircy, nice entry for a bill or particulars.
Bet revenge will never occur - better not be wrong.