Posts Tagged ‘executive order’

“the Constitution is no longer the supreme law of the land”

Mark Tapscott: What is Barack Obama doing?

by Mark Tapscott, Editorial Page Editor, Washington Examiner, December 31, 2009

Some distressing civil liberties questions must be asked about an ever-lengthening list of decisions, proposals, and observations by President Obama.

To begin, Obama is the first president to give an international law enforcement organization like Interpol free rein within the territorial confines of this nation, presumably not excluding the arrest and exportation of Americans to be charged with crimes under international law.

Put simply, this means the Constitution is no longer the supreme law of the land in America. Thanks to Executive Order 12425 , which Obama signed Dec. 16 without explaining why, the supreme law of the land is now arguably whatever Interpol says it is, most likely as directed by the International Criminal Court in The Hague, Netherlands, in conjunction with the United Nations.

Maybe it’s just a bureaucratic snafu. Or perhaps Obama sincerely means to subsume U.S. law to what he views as a morally superior international body.

But what if he simply sees it as an innocuous path to the arrest and prosecution of selected political opponents for “crimes against humanity” in, say, Iraq and Afghanistan? The Far Left would get its pound of Bush-Cheney flesh, while leaving minimal blood on Obama’s hands and giving his defense and foreign policy critics reason to think twice before speaking candidly against him in the future.

Read more at http://www.washingtonexaminer.com/opinion/columns/What-is-Barack-Obama-doing_-8700165-80341107.html

Obama gives foreign cops new police powers in U.S.

by Bob Unruh, WorldNetDaily, December 28, 2009

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.”

Read more at http://www.wnd.com/index.php?fa=PAGE.view&pageId=120363

Why Does Interpol Need Immunity from American Law?

by Andy McCarthy, The Corner at National Review, December 23, 2009

You just can’t make up how brazen this crowd is. One week ago, President Obama quietly signed an executive order that makes an international police force immune from the restraints of American law.

Interpol is the shorthand for the International Criminal Police Organization. It was established in 1923 and operates in about 188 countries. By executive order 12425, issued in 1983, President Reagan recognized Interpol as an international organization and gave it some of the privileges and immunities customarily extended to foreign diplomats. Interpol, however, is also an active law-enforcement agency, so critical privileges and immunities (set forth in Section 2(c) of the International Organizations Immunities Act) were withheld. Specifically, Interpol’s property and assets remained subject to search and seizure, and its archived records remained subject to public scrutiny under provisions like the Freedom of Information Act. Being constrained by the Fourth Amendment, FOIA, and other limitations of the Constitution and federal law that protect the liberty and privacy of Americans is what prevents law-enforcement and its controlling government authority from becoming tyrannical.

On Wednesday, however, for no apparent reason, President Obama issued an executive order removing the Reagan limitations. That is, Interpol’s property and assets are no longer subject to search and confiscation, and its archives are now considered inviolable. This international police force (whose U.S. headquarters is in the Justice Department in Washington) will be unrestrained by the U.S. Constitution and American law while it operates in the United States and affects both Americans and American interests outside the United States.

Interpol works closely with international tribunals (such as the International Criminal Court — which the United States has refused to join because of its sovereignty surrendering provisions, though top Obama officials want us in it). It also works closely with foreign courts and law-enforcement authorities (such as those in Europe that are investigating former Bush administration officials for purported war crimes — i.e., for actions taken in America’s defense).

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?

Steve Schippert has more at ThreatsWatch, here.

From http://corner.nationalreview.com/post/?q=MGY3MTI4YTRjZmYwMGU1ZjZhOGJmNmQ0NmJiZDNmMDY=