“National Defense Resources Preparedness” executive order: Power grab or mere update?

posted at 10:30 am on March 18, 2012 by Ed Morrissey

We’re getting a lot of e-mail this weekend about an executive order issued on Friday afternoon by President Obama titled “National Defense Resources Preparedness.”  While the timing of the EO is curious — why send it out on a Friday afternoon when an administration is usually trying to sneak bad news past the media? — the general impact of it is negligible.  This EO simply updates another EO (12919) that had been in place since June 1994, and amended several times since.

Let’s start with Friday’s EO:

Section 101.  Purpose.  This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the “Act”).

Sec102.  Policy.  The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency.  The domestic industrial and technological base is the foundation for national defense preparedness.  The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.

Sounds dramatic, doesn’t it?  This actually matches the language in EO 12919, however, even the part about “in peacetime.”  What follows is significantly less dramatic:

Sec103.  General Functions.  Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:

(a)  identify requirements for the full spectrum of emergencies, including essential military and civilian demand;

(b)  assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;

(c)  be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;

(d)  improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and

(e)  foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.

Again, this is almost identical to EO 12919 from 18 years earlier.  Note what this EO specifically orders: identify, assess, be prepared, improve, foster cooperation.  None of these items claim authority to seize private property and place them at the personal disposal of Obama.  What follows after Section 103 are the directives for implementing these rather analytical tasks, mostly in the form of explicit delegations of presidential authority to Cabinet members and others in the executive branch.

Why the update?  If one takes a look at EO 12919, the big change is in the Cabinet itself.  In 1994, we didn’t have a Department of Homeland Security, for instance, and some of these functions would naturally fall to DHS.  In EO 12919, the FEMA director had those responsibilities, and the biggest change between the two is the removal of several references to FEMA (ten in all).   Otherwise, there aren’t a lot of changes between the two EOs, which looks mainly like boilerplate.

In fact, that’s almost entirely what it is.  The original EO dealing with national defense resources preparedness was issued in 1939 (EO 8248) according to the National Archives.  It has been superseded a number of times, starting in 1951 by nearly every President through Bill Clinton, and amended twice by George W. Bush.

Barack Obama may be arrogant, and the timing of this release might have looked a little strange, but this is really nothing to worry about at all.

Update: It’s worth noting, too, that the second change by Bush to EO 12919 came through an amendment to EO 11858 that eliminated requirements of Cabinet officials to report on attempts by foreigners to invest in “critical technologies” in the US or “industrial espionage activities” targeting defense contractors (Section 801).  Obama’s new EO doesn’t reverse that action, either.

Update II: William Jacobson comes to the same conclusion I do at Legal Insurrection:

There is enough that Obama actually does wrong without creating claims which do not hold up to scrutiny.

I’m not ruling out the possibility that this is more than it seems, but unless and until someone does more than merely state that martial law is coming, I’ll consider this to be routine.

Agreed.  All the links are above, so if there’s something significant added between this EO and 12919 and the Bush-amended versions of it in 2003 and 2008, point it out.  Otherwise, this just restates the Bush-amended 12919 with current Cabinet nomenclature.

Update III: One commenter notes that Obama has added to Section 201(b) the phrase “under both emergency and non-emergency conditions.”  In 12919, though, the duties of the Cabinet Secretaries were not limited to emergency situations in Section 201(b), either.  And in both EOs, section 102 specifically notes that the EO is intended to ensure defense preparedness “in peacetime and in times of national emergency.”

Update IV: Section 308 is new, but all it does is delegate authority already granted to the President under US statute.  Here’s the EO language:

Sec308.  Government-Owned Equipment.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:

(a)  procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons;

(b)  provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and

(c)  sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.

And here’s the existing statutory language that originated in the Defense Production Act of 1950 (pardon the formatting):

(e) Installation of equipment in industrial facilities
(1) Installation authorized
If the President determines that such action will aid the national defense, the President is authorized—

(A) to procure and install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government;

(B) to procure and install equipment owned by the Federal Government in plants, factories, and other industrial facilities owned by private persons;

(C) to provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under section 301 [section 2091 of this Appendix], 302 [section 2092 of this Appendix], or this section; and

(D) to sell or otherwise transfer equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities.

(2) Indemnification
The owner of any plant, factory, or other industrial facility that receives equipment owned by the Federal Government under this section shall agree—

(A) to waive any claim against the United States under section 107 or 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607 and 9613); and

(B) to indemnify the United States against any claim described in paragraph (1) made by a third party that arises out of the presence or use of equipment owned by the Federal Government.

Again, this is nothing new or outside of existing statutory authority — and the EO makes that clear by explicitly citing that authority.  All this does is delegate the authority for these actions to the Cabinet officials.  This again is nothing new, just a delegation of existing authority.

Update V: Gabriel Malor concurs over at AoSHQ.

Update VI: I don’t disagree at all with Doug Mataconis:

It all sounds pretty scary, and it wasn’t long before the usual suspects were citing this as evidence of some kind of plan for martial law, just as there were people on the left and far-right in asserting that George Bush was going to declare martial law and cancel the elections in 2004 and 2008. Considering who it was who was spreading the meme that this was some kind of power grab by the Obama Administration, I wasn’t inclined to believe it to begin with. However, once you actually look at the facts (yes, I know, how dare I muddle up a good conspiracy theory with actual facts) it becomes pretty clear that not only is the reaction to this wildly over the top in some corners, but the Executive Order itself is nothing more than a restatement of policy that has been in place in decades and grants no authority to the President or the Cabinet that they don’t already have under existing law. …

There are, perhaps, some issues worth discussing that this EO raises. The fact that the President of the United States is still exercising authority granted during the Korean War and the height of the Cold War is yet another reflection of how power, once assumed by the Imperial Presidency, is never surrendered. The fact that an Executive Order like this was released on a Friday afternoon and has been largely ignored by the traditional media is an indication of just how easy it is for politicians to manipulate the news cycle. And the idea that the government has authority like that described in this document, even only in theory, and that most Americans aren’t even aware of it, is a reflection of just how little we know about the things that are done in our name. Those are all legitimate issues, but they go far deeper than this one relatively innocuous Executive Order.

Indeed — but all of that was equally true before Obama issued an update to a 73-year-old effort that changed nothing about his executive authority and power.  To the extent that we’re all more aware of it, that’s good, but we shouldn’t act as though this was an Obama novelty, and we really shouldn’t jump to conspiracy-think conclusions without understanding the history of these EOs.


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The Bilderbergers have gotten to Ed! /

DavidW on March 18, 2012 at 10:33 AM

Barack Obama may be arrogant, and the timing of this release might have looked a little strange, but this is really nothing to worry about at all.

Oh. My. Gosh. This may have been rolled out under previous administrations, but those presidents paid fidelity to the United States Constitution. This one? Not so much. If anything, I’d like to see the whole damn thing scrapped so long as this guy is in the White House. Raise your hand if you believe Barack Obama declaring martial law would be done in the interests of the nation? Yeah. I didn’t think so.

Rational Thought on March 18, 2012 at 10:34 AM

Barry wants himself and his cronies to be able to regulate and control everything. Screw the Congress. We don’t need no stinkin’ Congress.

chewmeister on March 18, 2012 at 10:35 AM

Barack Obama may be is arrogant, and the timing of this release might have looked is a little strange,

but

this is really nothing to worry about at all.

Why am I still worried?

Fallon on March 18, 2012 at 10:36 AM

You’ll forgive me if I am disinclined to trust a man who says and has demonstrated that he fundamentally wants to change America.

BobH on March 18, 2012 at 10:39 AM

Thanks for the analysis Ed. I read about half of it when Drudge linked it and it didn’t look like a big deal to me. I still cannot stand reading “government-speak” anymore.

Mord on March 18, 2012 at 10:40 AM

To put any more power in the hands of this egomaniac is questionable at best. He tends to avoid doing anything unless it directly benefits himself or his benefactors.

Alferd Packer on March 18, 2012 at 10:41 AM

Why am I still worried?

Fallon on March 18, 2012 at 10:36 AM

Ed’s tendency to downplay a lot of Obama’s most egregious acts in a nod toward civility or sensibility might be why.
Obama is a dictator. He has no use for the Constitution, and he’s exhibited that time and time again.

Right Mover on March 18, 2012 at 10:43 AM

Why am I still worried?

Fallon on March 18, 2012 at 10:36 AM

Because you’re part of that American constituency who has gone a little bit nutty in your hatred of Barack Obama.

libfreeordie on March 18, 2012 at 10:44 AM

Once you learn that someone is a con artist, everything that person does is, justifiably, suspect.

BobMbx on March 18, 2012 at 10:44 AM

Ed’s tendency to downplay a lot of Obama’s most egregious acts in a nod toward civility or sensibility might be why.
Obama is a dictator. He has no use for the Constitution, and he’s exhibited that time and time again.

Right Mover on March 18, 2012 at 10:43 AM

Or maybe because the only thing that changed from Thursday to Friday was the namecards. Again, this is almost exactly what was already in place, except for the delegations transferred from FEMA to DHS.

Ed Morrissey on March 18, 2012 at 10:45 AM

But mommy, the lizard people are taking away my freedoms :(((

lester on March 18, 2012 at 10:46 AM

Feh. The twitchiness arises from the distrust that many feel regarding this current crew of dishonest folks. A lot of these plans have been in place for years and are, in general, prudent and, in practice, would of course be power grabs potentially necessary for restoring order in the event of a real national emergency.

ted c on March 18, 2012 at 10:46 AM

Obama is a dictator. He has no use for the Constitution, and he’s exhibited that time and time again.

Right Mover on March 18, 2012 at 10:43 AM

I am incredibly fearful what’s going to happen to people like Rational Thought, Right Mover, Fallon and the other ODSers if Obama wins re-election in November. I’m certainly not going to go outside on election night, I have a feeling there’s going to be violence.

libfreeordie on March 18, 2012 at 10:46 AM

there have been concerns about the exorbitant power of FEMA in the event of a national emergency for years. A friend’s father did some contracting work between DoD and FEMA for ‘resources’ emplaced in the event of an emergency. He was really concerned about what FEMA’s role would be in that case. It is not a new thing, not at all.

Moreover, one specific function of the US interstate system is to help facilitate the travel and delivery of relief supplies in the event of a national emergency. The dastardly fiend that developed that system…? None other than ol’ Ike Eisenhower himself—an idea he cribbed from Europe. ah well.

ted c on March 18, 2012 at 10:49 AM

Again, this is almost identical to EO 12919 from 18 years earlier. Note what this EO specifically orders: identify, assess, be prepared, improve, foster cooperation. None of these items claim authority to seize private property and place them at the personal disposal of Obama. – Ed

That jumped out at me too, but for a different reason:
Obama has gutted the Southeast Michigan auto industry where only “Government Motors” can ‘compete’ – on our dime. Recall the Chrysler Tank Command in Warren during WWII, Detroit Diesel, Ford, etc.?
We no longer have that capacity, thus, a “grab” will be necessary.
During WWII, American manufacturers stepped up to the plate in numbers untolled, yet they are lost to the dust bin of history with Rosie the Riveter.
(your take home quiz, kiddies)
~(Ä)~

Karl Magnus on March 18, 2012 at 10:49 AM

Barack Obama may be is arrogant, and the timing of this release might have looked is a little strange,
but
this is really nothing to worry about at all.

Why am I still worried?

Fallon on March 18, 2012 at 10:36 AM

because you are a fvcking nuts deranged about Obama

0bamaderangementsyndrom on March 18, 2012 at 10:49 AM

Will Ed still be able to blog at the FEMA camps? /0.5sarc

MeatHeadinCA on March 18, 2012 at 10:50 AM

Once you learn that someone is a con artist, everything that person does is, justifiably, suspect.

BobMbx on March 18, 2012 at 10:44 AM

Agreed 100%

MJZZZ on March 18, 2012 at 10:51 AM

I continue to think that Obama and his family intend on occupying the WH for another 4 years by any means necessary.
I don’t think this is any big deal alone but part of a bigger plan of attempting to have all the ducks in a row.
Although after reading about the shenannagins in MO yesterday, Obama has nothing to worry about. The Republicans are such a mess, Obama can party right on through.

ORconservative on March 18, 2012 at 10:52 AM

Wow! Three trolls on this one like a hen on a June bug. Damage control?

a capella on March 18, 2012 at 10:53 AM

Ed, I think you could have done some more research before posting this “all clear.” Specifically, look at the language change in Section 201, part b.

It now says:

(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions.

The 1994 document you linked to says nothing of “non-emergency” conditions. This is a broad and frightening expansion of the Executive Branch’s power to ration food, energy, health care, water, and “all other materials, services, and facilities, including construction materials” whenever the president deems it necessary, under both emergency and non-emergency conditions. What non-emergency conditions would merit such rationing? Emergency political conditions, that’s what.

This is a stunning grab for power over the nation’s resources and its people’s liberties.

Wake up, Ed. Really. Wake up.

Rational Thought on March 18, 2012 at 10:53 AM

I’m certainly not going to go outside on election night, I have a feeling there’s going to be violence.

libfreeordie on March 18, 2012 at 10:46 AM

There will be. And all the instigators will be wearing brown purple and gold shirts

TugboatPhil on March 18, 2012 at 10:53 AM

I’m certainly not going to go outside on election night, I have a feeling there’s going to be violence.

libfreeordie on March 18, 2012 at 10:46 AM

because you are deranged about Obama

ObamaBushderangementsyndrome on March 18, 2012 at 10:49 AM

I feel much better now that these two have chimed in. Watching the boards, eh?

Fallon on March 18, 2012 at 10:56 AM

Rational Thought on March 18, 2012 at 10:53 AM

Explains the troll frenzy on the thread.

a capella on March 18, 2012 at 10:56 AM

I am incredibly fearful what’s going to happen to people like Rational Thought, Right Mover, Fallon and the other ODSers if Obama wins re-election in November. I’m certainly not going to go outside on election night, I have a feeling there’s going to be violence.

libfreeordie on March 18, 2012 at 10:46 AM

Well, waving a King Obama flag in “Tim McVeigh Country” won’t win you any friends.
BUT …
Neither will: “HEY, we beat Whitey AGAIN!” shouted from the rooftops in Nashville.

The ONLY “violence” that might manifest itself is from the “usual [urban] suspects” and we all know it. Reality bites, eh.
Grow Up
~(Ä)~

Karl Magnus on March 18, 2012 at 10:57 AM

Glad you posted on this. Some family members were really worried.

BobScuba on March 18, 2012 at 10:57 AM

I am incredibly fearful what’s going to happen to people like Rational Thought, Right Mover, Fallon and the other ODSers if Obama wins re-election in November. I’m certainly not going to go outside on election night, I have a feeling there’s going to be violence.

libfreeordie on March 18, 2012 at 10:46 AM

Shame on you!! SHAME, SHAME, SHAME ON YOU!! I am an American. I believe in the PEACEFUL transfer of power. I believe in the UNITED STATES CONSTITUTION. We have had recent political violence, and it has ALL been from the left side. ALL OF IT!! Shame on you and your vicious slander in the service of your Marxist president. You know DAMN WELL that if there is violence on election night, it will NOT be because Barack Obama has won. Every one knows that. Every single person in America knows without a shred of doubt where any potential election night violence will come from.

Rational Thought on March 18, 2012 at 10:57 AM

ed, i think drudge just linked your post. is that a first?

ted c on March 18, 2012 at 10:58 AM

This does seem to be innocuous, but I believe that the suspicion of everything Barry does is warranted since he’s shown that he cannot be trusted.

I’m actually more worried about his under-the-radar attempts to get around the Citizens United ruling by using intimidation tactics to, um, *discourage* corporations from donating anonymously to Republican candidates/PACs.

Syzygy on March 18, 2012 at 10:58 AM

Nope still don’t trust the man.

gophergirl on March 18, 2012 at 11:00 AM

Wow! Three trolls on this one like a hen on a June bug. Damage control?

a capella on March 18, 2012 at 10:53 AM

Much too obvious, eh?
~(Ä)~

Karl Magnus on March 18, 2012 at 11:00 AM

What possible reason could there be for including nonemergency phrasing which wasn’t there before? Trolls? Wherefore art thee?

a capella on March 18, 2012 at 11:01 AM

In addition to the timing and the “con man” aspects, another concern is the people who will be making the decisions. I’m not favorably impressed with Sebelius, Chu and Sunstein. They need more unrestrained power??? I don’t think so.

indyvet on March 18, 2012 at 11:01 AM

This is just one of about a dozen threads over at FR that all talk about how zero and the regime are ready to take over in case of an emergency.

http://www.freerepublic.com/focus/bloggers/2860573/posts?page=12

And we all know what classifies as a “regime emergency”! It can be anything for a beer summit to a lack of KFC fried chicken.
Anyone who does not see the problem with zero taking over the economy, food, gas, military etc. everything and combining other EO’s, congressional legislation etc. into one massive takeover is not looking at the bigger marxist picture and just who these people really are,IMHO.

rodguy911 on March 18, 2012 at 11:01 AM

Has a hotair thread ever been linked up on a drudge post before? If it has, I can’t recall when.

ted c on March 18, 2012 at 11:03 AM

Somehow I get the idea libfreeordie will be the one rioting if the messiah loses.

Bevan on March 18, 2012 at 11:04 AM

I am incredibly fearful what’s going to happen to people like Rational Thought, Right Mover, Fallon and the other ODSers if Obama wins re-election in November. I’m certainly not going to go outside on election night, I have a feeling there’s going to be violence.

libfreeordie on March 18, 2012 at 10:46 AM

You don’t know me or anything about me, other than the fact that I share the view of a lot of Americans who love their country and who play by the rules that a President who has shown time and time again that he has no intention of playing by the rules, and who has no regard for the military, and who decorates his Christmas tree with ornaments depicting Mao Tse Tung, is capable of anything.
The fact that you refuse to see or acknowledge any of this calls into question who exactly is showing “derangement.”
You’ll be safe from me on Election night, don’t you worry your vacuous, gullible little lefty head about it. I’ll just be home with my young family, protecting them, getting ready for work the next day and praying for a better tomorrow.
Now, if Obama loses this Election, you tell me, will I be safe commuting into the heart of the inner city for work the next day?
Because the thing you left-wingers do the best is telegraph your own projection.

Right Mover on March 18, 2012 at 11:04 AM

Rational Thought on March 18, 2012 at 10:53 AM

Been scouring both documents since I learned of this.
You’re right about that one, important distinction.
Have never trusted this Prez and minions, and this does nothing to assuage my fears, for sure.

pambi on March 18, 2012 at 11:05 AM

What possible reason could there be for including nonemergency phrasing which wasn’t there before? Trolls? Wherefore art thee?

a capella on March 18, 2012 at 11:01 AM

Global warming.

Unspecified “domestic threats.”

Poverty.

“Access” to health care.

“Access” to healthy foods (a phrase Moochelle has recently started using).

The housing crisis (“You’re not using this second house. We need it. We’re taking it.”)

Gas prices hurting Obama’s re-election campaign (nationalize the oil companies).

Come on. This language change gives Obama supreme executive power to do anything he wants to anyone anytime anywhere. That’s a fact.

Rational Thought on March 18, 2012 at 11:05 AM

although the reaction to the EO happens to be the story, the actual question should be, “why does the public distrust this administration so much?”

ted c on March 18, 2012 at 11:05 AM

Actually there is an important line in this new EO that you failed to mention.

(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.

Nothing in the previous EO’s stated anything about “non-emergency” conditions so what Obama has done is allow what was suppose to be a national defense planing to now include EVERYTHING dealing with energy and resources in the name of national defense.

JeffinSac on March 18, 2012 at 11:05 AM

Saying this is “OK” under Obama is like saying it is OK for Iran to have nukes. You allow the power to those who can be trusted with it.

gfmucci on March 18, 2012 at 11:07 AM

people wake the hell up…turn off snookie, american idol…and go read your Constitution…know your rights…
watch this from someone who knows…and survived it..

http://savingtherepublic.com/blog/2012/03/warning-to-america-from-east-german-survivor/

Huckleberry Mike on March 18, 2012 at 11:07 AM

How funny would it be if he declares a national “emergency” but the military refuses to obey his orders? That would be a regular laugh-riot.

Rixon on March 18, 2012 at 11:07 AM

Obama and this administration has already been successful with ALL their power grabs. Anything he does now becomes suspect including this latest EO.

If there was nothing to hide in it, why did they wait until Friday before St. Patrick’s Day to release it?

NO TRUST

CoffeeLover on March 18, 2012 at 11:08 AM

Whew…so Ed thinks it’s “no big deal”. I feel better already.

Of course, since the Resident of the White House wants to “Fundamentally transform the United States of America”, and since he has openly declared that the government should determine “when you’ve made enough”, and since his mentors (Wright, Ayers, et al) openly sought the downfall of America…maybe it IS a “big deal”.

Oh…and a Friday night document dump, during March Madness seems the perfect way to make sure Americans know they’re in the VERY best of hands, eh?

Justrand on March 18, 2012 at 11:08 AM

Ed, I hope you contacted all the Secretaries at Townhall, declared an emergency, and told them to marshall all of the server resources as this hurricane is going to hit land today…../

ted c on March 18, 2012 at 11:08 AM

I was surprised to note the thing seems to give government control of all transportation everywhere and in every form to include walking. The language could also be used to seize backyard gardens and wells on ones property…sort of Wickard v Filburn writ large.

JIMV on March 18, 2012 at 11:08 AM

At last! A use for the New Black Panthers.

a capella on March 18, 2012 at 11:09 AM

Ed, was the purpose of this thread to bring out the most obnoxious Libertarian commentors and have them make fools of themselves?

Count to 10 on March 18, 2012 at 11:09 AM

Saying this is “OK” under Obama is like saying it is OK for Iran to have nukes. You allow the power to those who can be trusted with it.

gfmucci on March 18, 2012 at 11:07 AM

I don’t think anyone is saying that it is OK. I’m not. Nor is Ed. It’s just not what it may seem and nor is it unprecedented. Not by a long shot. Certainly worthy of scrutiny tho.

ted c on March 18, 2012 at 11:10 AM

libfreeordie on March 18, 2012 at 10:46 AM

Be vewy afwaid.

OkieDoc on March 18, 2012 at 11:10 AM

If your thinking conspiracy about this the only conspiracy I can see is to put it out on a Friday so some can scream their heads off about martial law or something.

The dems will then say that the right is nuts!

Vince on March 18, 2012 at 11:11 AM

If there’s nothing to worry about, then why even bother with it?

As a long-time career defense contractor, normally I wouldn’t be concerned either, and I’m not a paranoid conspiracy theorist (“Just cuz you’re paranoid doesn’t mean they’re not out to get you”//). But the government has also quietly been building and staffing up several large detention camps of some sort around the country over the last few years. The RFPs for these camps stated something like “for large scale detention of mass influx of illegal immigrants, or for other domestic programs as needed“. Given the current WH occupant, that concerns me a bit.

dentarthurdent on March 18, 2012 at 11:12 AM

Ed, was the purpose of this thread to bring out the most obnoxious Libertarian commentors and have them make fools of themselves?

Count to 10 on March 18, 2012 at 11:09 AM

That was the purpose of the Friday release.

Vince on March 18, 2012 at 11:12 AM

Can’t we get outraged about this for a few days, then drop it?

This is what the state media does. It works for them.

faraway on March 18, 2012 at 11:13 AM

How funny would it be if he declares a national “emergency” but the military refuses to obey his orders? That would be a regular laugh-riot.

Rixon on March 18, 2012 at 11:07 AM

While the military might refuse, you can bet your life that the law enforcement community will not. It will not be the military that shows up at your house demanding that you surrender those legally purchased and registered firearms you own, it will be a police officer with a legally signed warrant.

SWalker on March 18, 2012 at 11:13 AM

Rational Thought on March 18, 2012 at 11:05 AM

College loans… It’s a long list.

Fallon on March 18, 2012 at 11:15 AM

Vince on March 18, 2012 at 11:11 AM

Ed didn’t explain the inclusion of non-emergeny in the official language. I’m willing to listen. Can you explain it?

a capella on March 18, 2012 at 11:15 AM

While on its face value it may be harmless, theres a certain segment of our elected officials, and public who want this to go a certain way to control everything. What better way to try it, than to use some vauge statute like this one?

TX-96 on March 18, 2012 at 11:16 AM

Has a hotair thread ever been linked up on a drudge post before? If it has, I can’t recall when.

Tina had one a couple of weeks ago abouth a GINGRICH SURGE on gallup. I have no clue WHY

gerrym51 on March 18, 2012 at 11:17 AM

this much ado about nothing

gerrym51 on March 18, 2012 at 11:17 AM

When the riots start after his defeat in 2012, he will install marshal law, suspend all election results and try to stay in power.

Pomai on March 18, 2012 at 11:18 AM

I think I would read “non-emergency” as in the Cuban missile crisis. IE, there was no real destruction—but a pretty strong potential if it did happen, necessitating preparation and changes.

two cent!

ted c on March 18, 2012 at 11:18 AM

Update III: One commenter notes that Obama has added to Section 201(b) the phrase “under both emergency and non-emergency conditions.” In 12919, though, the duties of the Cabinet Secretaries were not limited to emergency situations in Section 201(b), either. And in both EOs, section 102 specifically notes that the EO is intended to ensure defense preparedness “in peacetime and in times of national emergency.”

Do more research, Ed. The previous document you linked to said

Sec. 202. Determinations. The authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:

It now says:

Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:

And section 201, e, previously said:

(e) The Assistant to the President for National Security Affairs is hereby delegated the authority under subsection 101(c)(3) of the Act, and will be assisted by the Director, FEMA, in ensuring the coordinated administration of the Act.

It now says:

(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.

This is a clear grab for power in situations that have nothing to do with a national emergency or national defense. Obama and the left want total control. Control the food, gas, distribution of health care? They control us. Completely. Think they’ll ever let a “crisis” go to waste with this kind of power? Isn’t global warming a “crisis”? Isn’t poverty? Aren’t gas prices? How about election night violence? Come on, people. Wake up.

Rational Thought on March 18, 2012 at 11:18 AM

Well… there’s this from Obama’s friend Bill Ayers

I asked, “Well what is going to happen to those people we can’t reeducate, that are diehard capitalists?” And the reply was that they’d have to be eliminated.

And when I pursued this further, they estimated they would have to eliminate 25 million people in these reeducation centers.

And when I say “eliminate,” I mean “kill.”

Twenty-five million people.

I want you to imagine sitting in a room with 25 people, most of which have graduate degrees, from Columbia and other well-known educational centers, and hear them figuring out the logistics for the elimination of 25 million people and they were dead serious.

faraway on March 18, 2012 at 11:20 AM

I’m taking it to mean that there is a disaster on the horizon. Financial disaster, or wartime disaster, or both.

scalleywag on March 18, 2012 at 11:20 AM

Ed, was the purpose of this thread to bring out the most obnoxious Libertarian commentors and have them make fools of themselves?

Count to 10 on March 18, 2012 at 11:09 AM

Jazz shaw’s oil prices thread yesterday also called out the dinner bell, but that thread brought out the crypto-marxists amongst the HA community. And its only March. The amount of sheer insanity within the conservative movement is going to ratchet up significantly each month leading up to the election.

libfreeordie on March 18, 2012 at 11:21 AM

Looks like the HotGas site has now been diverted to Alex Jones’s site…

AngusMc on March 18, 2012 at 11:22 AM

I am incredibly fearful what’s going to happen to people like Rational Thought, Right Mover, Fallon and the other ODSers if Obama wins re-election in November. I’m certainly not going to go outside on election night, I have a feeling there’s going to be violence.

libfreeordie on March 18, 2012 at 10:46 AM

Funny, that’s what we’re concerned about when he loses.

clippermiami on March 18, 2012 at 11:23 AM

Obamacare…

albill on March 18, 2012 at 11:23 AM

Oh. My. Gosh. This may have been rolled out under previous administrations, but those presidents paid fidelity lip service to the United States Constitution. This one? Not so much. If anything, I’d like to see the whole damn thing scrapped so long as this guy is in the White House. Raise your hand if you believe Barack Obama declaring martial law would be done in the interests of the nation? Yeah. I didn’t think so.

Rational Thought on March 18, 2012 at 10:34 AM

FIFY, Thought. If past presidents, at least in my lifetime, did more than pay lip service to the constitution, the federal government would not be doing 95%+ of what it is now. But I do agree with your essential argument.

gryphon202 on March 18, 2012 at 11:23 AM

The trolls have disappeared since this new info on non-emergency has surfaced. Poof!

a capella on March 18, 2012 at 11:24 AM

“I’m cuckoo for Cocoa Puffs!”.

BallisticBob on March 18, 2012 at 11:24 AM

The trolls have disappeared since this new info on non-emergency has surfaced. Poof!

a capella on March 18, 2012 at 11:24 AM

Real quick, do you know for sure that the law hasn’t been amended at all to include non-emergency prior to the Obama administration?

libfreeordie on March 18, 2012 at 11:25 AM

WHERE. IS. THE. CONGRESS?

Once again our “elected representatives” have jumped to the protection of the people and the Constitution. /sarc

clippermiami on March 18, 2012 at 11:26 AM

libfreeordie on March 18, 2012 at 11:21 AM

So, why the inclusion of non-emergency in the language? Why is it necessary?

a capella on March 18, 2012 at 11:27 AM

Wait until you see the Executive Order he issues in October.

clippermiami on March 18, 2012 at 11:27 AM

While I personally have an inclination to believe Obama has ill will towards this country, this one falls into the category Campaign/Deliberate/Crisis Action Planning. When stories get floated in the media that we’ve got operational plans for Iran, we’ve probably also got operational plans for every country or continent on the globe. This one isn’t anything to worry about unless the government starts controlling the internet, media, transportation…oh, wait a minute, on second thought…

TulsAmerican on March 18, 2012 at 11:27 AM

The trolls have disappeared since this new info on non-emergency has surfaced. Poof!

a capella on March 18, 2012 at 11:24 AM

They’re just checking in with their handlers for the new updated talking points.

SWalker on March 18, 2012 at 11:27 AM

All these EOs are updates to the Defense Production Act of 1950, right?

The DPA was used during the Korean War to establish a large defense mobilization infrastructure and bureaucracy. Under the authority of the Act, President Harry S. Truman established the Office of Defense Mobilization, instituted wage and price controls, strictly regulated production in heavy industries such as steel and mining, and ordered the disperal(sic) of wartime manufacturing plans across the nation.[3]

http://en.wikipedia.org/wiki/Defense_Production_Act

PART VIII – GENERAL PROVISIONS

Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:

(a) “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. “Civil transportation” shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.

(b) “Energy” means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.

(c) “Farm equipment” means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.

(d) “Fertilizer” means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.

(e) “Food resources” means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. “Food resources” also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.

(f) “Food resource facilities” means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).

http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness

Sorry Ed, there is cause for concern.

marinetbryant on March 18, 2012 at 11:28 AM

Just look at the power grabs this administration has made with Homeland Security over the past few years. And why slip an announcement like this on a Friday afternoon dump? A president should call a press conference for news like this.

scalleywag on March 18, 2012 at 11:28 AM

I’ve noticed a tendency from both the left and right to take a potential misuse of something (proposed bill, EO, court ruling) and behave as if that were the whole purpose of said act. It makes a great traffic magnet but it harms us when we do and allows us to laugh at the left when they do it.

Gwillie on March 18, 2012 at 11:29 AM

libfreeordie on March 18, 2012 at 11:25 AM

The relevant portions, before and after, are quoted upthread.

a capella on March 18, 2012 at 11:29 AM

Obama is a dictator. He has no use for the Constitution, and he’s exhibited that time and time again.

Right Mover on March 18, 2012 at 10:43 AM

I agree. Yet his popularity is in the upper 40′s.

Theres a good chance that we’re screwed.

Mimzey on March 18, 2012 at 11:30 AM

Hot Air didn’t have this first…Pamela Gellers site did last night… Atlas Shrugs…

just so you know…

Huckleberry Mike on March 18, 2012 at 11:31 AM

Gwillie on March 18, 2012 at 11:29 AM

I’m willing to listen to your explanation as to the harmless reason for including non-emergency language.

a capella on March 18, 2012 at 11:32 AM

I’m glad that Ed put the correct context up on this. The flurry of stuff last night was without context. I looked up the relevant Act and EOs (at least the 1994 one) and concluded that it was largely an update.

However, first it would be good (and a lot of work) to see exactly what has been added/subtracted this time.

Secondly…the original act was in response to the Korean war. Another example of immortally of government initiatives.

As always the devil is in the details. If plans are developed to respond to an EMP or Solar Flare…well, hardly any of us would mind.

r keller on March 18, 2012 at 11:32 AM

“Enabling Act”, 2012 style.

Dr. Carlo Lombardi on March 18, 2012 at 11:34 AM

here’s what she, Pam Geller said…

OBAMA PREPARES FOR “NATIONAL EMERGENCY”: NATIONALIZE EVERYTHING (EVEN YOU) W/O CONGRESSIONAL OVERSIGHT

Have you seen the latest totalitarian executive order der fuhrer signed yesterday? Check it out. It’s a jawdropper, but not for those who read The Post-American Presidency: The Obama Administration’s War on America.

It calls for a draft, but not just a draft. A civilian draft, of “persons of outstanding experience or ability” without compensation. If they think they need you, they can compel you to work for the government for nothing.

They can, under this order, restrict civilian travel by any mode, including (probably) foot travel. They can ration food. They can restrict water usage, even from private wells. They can ration any and all drugs, including OTC and vitamins. They can collectivize farms. They can take over all energy production, including home solar units.
It also allows for drafting civilians. If they have need of your skills, they can compel you to work for no compensation.

All this not in a time of war, but in time of “National Emergency” (several EO national emergency states already in place) or even in Peacetime.

And he hasn’t even won re-election ……. yet. One can only imagine what the saboteur has in store for us.

Huckleberry Mike on March 18, 2012 at 11:34 AM

libfreeordie, “you’re” going to stay home on election night for fears that President Obama might be reelected?

Humorous.

The only real fear is the riots by your side if he loses.

You might have missed a lot of the liberal howls of conspiracy theories and outright threats of violence against President Bush in the last decade. It’s fun to just point it out on the other side though, right? Your side is the unhinged, over the top as the norm crowd. Not ours. So far as I can tell, there still hasn’t been a conservative movie produced that is a wet dream fantasy about President Obama being assassinated.

Death Of A President.

You own it.

hawkdriver on March 18, 2012 at 11:35 AM

We need to see specifically what this EO said before and after Obama’s “update” to it, and then we need to be told why the update was necessary. I can’t find the EO online that was under Bush. Can anyone else? Ed?

Rational Thought on March 18, 2012 at 11:35 AM

A lot of people on here sound an awful lot like lefties under Bush exhibiting clear signs of Bush Derangement Syndrome. Exactly like them in some cases.

Boomer_Sooner on March 18, 2012 at 11:35 AM

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