“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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hawkdriver on March 18, 2012 at 12:27 PM

The simple fact that they’re free and considered a “right” make them a necessity for kenny.

Solaratov on March 18, 2012 at 1:12 PM

So true. Liberal have this talent of looking at the things they most want out of life, that their mediocre educations and vocations cannot provide for them. Then they try to convince hard-working Americans that we somehow owe these things to them. I wish everyone would just take the pledge not to buy Ken cheetos or condoms.

hawkdriver on March 18, 2012 at 1:18 PM

Time to get afeared, Real America! Best get to your local Walmarts and stock up on Slim Jims and Cheetos while you can! You may want to use the broken appliances on the porch as barricades too.

KeninCT on March 18, 2012 at 11:52 AM

.
“Real” Americans use the local retailers (including WalMart) for food, clothing, and other. But if “push comes to shove”, they know how to survive without it.
.
Do you?.

listens2glenn on March 18, 2012 at 1:20 PM

Keep yer gas tank full. The New Black Panthers guarding the gas pumps, if the balloon goes up, isn’t an appetizing thought.

a capella on March 18, 2012 at 1:02 PM

Oh, that’d be no problem. One handles that the same way one handles any infestation of vermin.

Solaratov on March 18, 2012 at 1:23 PM

This really is starting to look like 1936 Germany.

Gearbox on March 18, 2012 at 12:58 PM

And it isn’t like we didn’t see it coming, either. : (

listens2glenn on March 18, 2012 at 1:12 PM

Things are certainly getting interesting. The timing of this is the real elephant in the room for me. Weekend document dump in an election year? Shady and should be scrutinized.
Why did a 60 year old document need to be updated NOW?

BakerAllie on March 18, 2012 at 1:25 PM

I just got an urge to go out and buy some more ammo today.

VegasRick on March 18, 2012 at 1:16 PM

Sadly, Lock ‘N Load on Eastern is closed on Sundays, they seem to have the best prices on ammo most of the time. But, I’m feeling the urge today too. Nice day to go to Desert Hills Shooting Club! :-)

Harbingeing on March 18, 2012 at 1:28 PM

Heavens! You Real Americans sure are angry today! Why not run along and watch some garishly painted vehicles drive in circles for a few hours? It may calm you down a bit.

KeninCT on March 18, 2012 at 1:02 PM

and when you were wetting your pants after the 04 election and the left had a collective crazy… you of course sat them down, and explained that theyr were being paranoid loons, and folks were laughing at them.. right?

or did you slap on your own propellor beanie and suck your thumb in a closet waiting for the Cheney death squads to find you?

anyone who trusts Obama, is a fool..

mark81150 on March 18, 2012 at 1:28 PM

anyone who trusts Obama, is a fool..

mark81150 on March 18, 2012 at 1:28 PM

ditto that.

tencole on March 18, 2012 at 1:31 PM

I don’t trust this administration any further than I can throw them. They will use any method of stealth incrementalism to further their agenda!

Conservative_Hippie on March 18, 2012 at 1:32 PM

Sadly, Lock ‘N Load on Eastern is closed on Sundays, they seem to have the best prices on ammo most of the time. But, I’m feeling the urge today too. Nice day to go to Desert Hills Shooting Club! :-)

Harbingeing on March 18, 2012 at 1:28 PM

I’m about 5 miles from the County Shooting park up north. It’s a really cool place – Open on Sunday. BTW I buy most of my “good” ammo online (CTD) because you can’t seem to get it anywhere else.

VegasRick on March 18, 2012 at 1:33 PM

Obama can’t be trusted. He’s stated that he intends to fundamentally change this country and every he does is calculated to do just that.

ABO November 2012!

jqc1970 on March 18, 2012 at 1:36 PM

hawkdriver on March 18, 2012 at 1:07 PM

Somebody ran him off from his freeway offramp and he doesn’t have anyplace to collect donations for with his work for food sign.

chemman on March 18, 2012 at 1:39 PM

I wouldn’t worry about this unless it is Obama in charge Who knows what he will do.

Bullhead on March 18, 2012 at 1:39 PM

If it were any other president, I’d not worry about it..

but,..

a man brought up by communists, who was mentored by communists, and sought out the company of communists, by his own book admissions.. I was in the cold war, knew what communists were, what they said, what they did,.. if Obama had just been brought up liberal.. there wouldn’t be this nagging concern, that he truly is thinking of martial law..

we already know he excercises his power like a dictater, executive orders instead of bills in congress, we know about his enemies lists, the actual intimidation of journalists they hate.. we know he loves radicals like Van Jones.. his staff admits to admiring Chairman Mao..

I don’t dwell on it, but, I figure, be prepared,.. if he does, I doubt he’ll get very many officers to fire on Americans protesting, doubt it very much. Any attempt at martial law and a coup type takeover would require the military and law enforcement go along.. what would happen.. is probably open rebellion and a second civil war.. he couldn’t control what he unleasehed. I do not believe enough Americans are die hard left enough to man any such attempt.

It wouldn’t end well for him…

even most democrats would oppose him..

I doubt he would, not that he wouldn’t LIKE too… He’s lacking the guts to try something unless he’s desperate. and I like our chances.. don’t forget it, but don’t go overboard either,.. prepare.. and watch.. always watch..

mark81150 on March 18, 2012 at 1:41 PM

Good grief Ed, nothing to worry about? This article you’ve written is almost as embarrassing as that drooling mess you wrote after Obama gave that “civility” speech in Arizona after Gabby Giffords was shot.

We all knew it was campaign speech but you fell for the “civility” crap hook, line and sinker.

Sorry Ed, I’m worried.

JPeterman on March 18, 2012 at 1:41 PM

JPeterman on March 18, 2012 at 1:41 PM

.
So, you didn’t read any sarcasm into that, huh?

listens2glenn on March 18, 2012 at 1:45 PM

When is is ever a BAD time to buy more ammo ?? ;-)
Might wanna stock up before they restrict the lead content, too.

After all, we know how irresistable that lead is to birds to eat, right ??

pambi on March 18, 2012 at 1:46 PM

I agree with ED but then I also disagree with ED. I’ll go with what my mentor taught. Don’t evaluate an idea based on what it sounds like today. But evaluate it on where imperfect (wo)men can take it. A day, a week, a month, a year or even a decade. Man will take it to its (il)logical extreme (think progressive philosophy from Teddy Roosevelt to today). This EO seems harmless enough on the surface but can be abused given the correct circumstances.

chemman on March 18, 2012 at 1:46 PM

So everything’s in place now. All we need is the Reichstag fire…

Gearbox on March 18, 2012 at 12:58 PM

Right, it’s not the EO that’s alarming. It’s how Øbama will use it, and his track record for power grabs.

petefrt on March 18, 2012 at 1:50 PM

VegasRick on March 18, 2012 at 1:33 PM

Haven’t been up there yet to the county park, but it looks fantastic from everything I’ve read about it. I’m down on the BC side of town – just off St Rose. Hit me up from my contact page sometime and let’s go rotate the old ammo stock somewhere!

Harbingeing on March 18, 2012 at 1:51 PM

mark81150 on March 18, 2012 at 1:41 PM

I wouldn’t count on some of what you said. Some officers who became WWII hero’s opened fire on WWI vets on orders from Hoover. We are a lot farther along on submitting to the state now that we were then.

chemman on March 18, 2012 at 1:52 PM

This news should get all the Alex Jones worshipers tin foil underoos in snit, what a bunch of weirdo losers.

Your Mamma loves me on March 18, 2012 at 1:53 PM

Ed…….then let the next Prez update this EO and all related
ones by undoing them with an updated EO. STOP EO’S!

lilium479 on March 18, 2012 at 1:55 PM

I agree with ED but then I also disagree with ED. I’ll go with what my mentor taught. Don’t evaluate an idea based on what it sounds like today. But evaluate it on where imperfect (wo)men can take it. A day, a week, a month, a year or even a decade. Man will take it to its (il)logical extreme (think progressive philosophy from Teddy Roosevelt to today). This EO seems harmless enough on the surface but can be abused given the correct circumstances.

chemman on March 18, 2012 at 1:46 PM

I have a real problem when alarmists like Pamela Geller can turn this EO into something it’s not. The erosion of our liberty has been steadily continuing since at least 1945, if not before then. The circumstances have been ripe for probably the last 20 years for someone to take advantage. All it takes is someone who clearly doesn’t give a crap who knows s/he doesn’t give a crap about the constitution. I’d say in any event, that description fits Obama to a T — and is much more of a cause for concern than a simple, minor modification to a long-standing EO.

gryphon202 on March 18, 2012 at 1:58 PM

This story is a non-story and we are all wasting our time looking for nefarious motives in executive orders that do nothing different then what every other president, since this law went into effect 62 years ago, have done. And the argument that he could abuse his authority here doesn’t mean squat because every damn president in our history had authority they could abuse. Just simply being the president means authority could be abused.

Let’s stop wetting our pants over hypotheticals based on phantasms, and focus instead on the actual abuses of his authority he has already committed.

NotCoach on March 18, 2012 at 1:59 PM

You’re developing a peculiar theme yourself.
hawkdriver on March 18, 2012 at 11:39 AM

Perhaps to you, but approval is not a requirement for who I am and have always been.

Boomer_Sooner on March 18, 2012 at 1:59 PM

Haven’t been up there yet to the county park, but it looks fantastic from everything I’ve read about it. I’m down on the BC side of town – just off St Rose. Hit me up from my contact page sometime and let’s go rotate the old ammo stock somewhere!

Harbingeing on March 18, 2012 at 1:51 PM

Not sure how to contact you through that site.

VegasRick on March 18, 2012 at 2:00 PM

Time to get afeared, Real America! Best get to your local Walmarts and stock up on Slim Jims and Cheetos while you can! You may want to use the broken appliances on the porch as barricades too.

KeninCT on March 18, 2012 at 11:52 AM

Wow.. just.. wow. You really are pathetic. The funny would be, watching you try and say that to someone’s face.

ShadowsPawn on March 18, 2012 at 2:00 PM

During my tech school training as an Air Force SP in the early 80′s.. they were careful to explain the difference between a lawful, and unlawful order, they told us, there would be no USAF sponsored Mi Lai’s, no one who said,.. I was just following orders, just doing as I was told, even if it was insane..

That stuck with me.. the US military was making sure our men and women were professionals who would never disgrace America, and harm anyone stupidly in her name. I can’t say what they teach now, but in 1980, it was a real issue worthy of the time to teach it.

I just doubt Obama could get our people to be his praetorian guard,.. they serve at the order of the CIC, but our alligence was to the Constitution, not a man.

If he ordered the Joint Chief’s to do this, without an enemy invasion, even if they obeyed, the Division commanders wouldn’t fire on US civilains, they might just turn their guns around first.. I would have.. liberals often think soldiers, Marines, sailors and airmen are closet fascists, enough of them say so.. but every service man I knew, every woman loved this country with a devotion that would cause them to offer their lives as colateral on our freedom.

I just think Obama would be damned sorry if he tried it. Sitting in a cell at Andrews while awaiting trial..

mark81150 on March 18, 2012 at 2:00 PM

Ed, you left out what is the most important part of this dictatorial power grab:

“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.”

Regulations have the force of law, with either civil or criminal penalties attached.

It is bad enough when regulations are made to enforce laws written by Congress and signed by the president.

But in this case we have civil and criminal laws being made by a president through his Secretaries!!!

If you don’t have a major problem with that power created solely by presidential decree, there is something wrong. I will expect a new article, not just an update explaining that you missed that part of this veritable end to our Constitutional government.

brightwinger on March 18, 2012 at 2:01 PM

This EO seems harmless enough on the surface but can be abused given the correct circumstances.chemman on March 18, 2012 at 1:46 PM

There is already precedent with this administration. How many demonstrations does one need? Scooter already declared his intention to ignore Congress, remember?

a capella on March 18, 2012 at 2:02 PM

The funny would be, watching you try and say that to someone’s face.

ShadowsPawn on March 18, 2012 at 2:00 PM

Not a chance.

VegasRick on March 18, 2012 at 2:03 PM

ShadowsPawn on March 18, 2012 at 2:00 PM

Not a chance.

VegasRick on March 18, 2012 at 2:03 PM

Absolutely no chance. The whole reason they set up shop in their parents basement is the fear that someone might actually see them typing their crap through an upstairs window.

His crowd never says anything unless they’re hiding behind their computer screen underground or in a big homogenous group where they think they have safety in numbers.

hawkdriver on March 18, 2012 at 2:07 PM

Let’s stop wetting our pants over hypotheticals based on phantasms, and focus instead on the actual abuses of his authority he has already committed.
NotCoach on March 18, 2012 at 1:59 PM

Why? Have you seen any individual or group willing to make him stop? So, there really is no official recourse. Of course, refusing to vote for his opponent in the general, because that nominee isn’t our favorite, is always a problem solving approach.

a capella on March 18, 2012 at 2:11 PM

His crowd never says anything unless they’re hiding behind their computer screen underground or in a big homogenous group where they think they have safety in numbers.

hawkdriver on March 18, 2012 at 2:07 PM

Cowards all of them. And they know it.

VegasRick on March 18, 2012 at 2:13 PM

Why? Have you seen any individual or group willing to make him stop? So, there really is no official recourse. Of course, refusing to vote for his opponent in the general, because that nominee isn’t our favorite, is always a problem solving approach.

a capella on March 18, 2012 at 2:11 PM

You confuse me. We shouldn’t focus on his abuses of authority we know he has committed and instead fantasize endlessly about potential abuse of authority he was granted under a 62 year old law?

NotCoach on March 18, 2012 at 2:18 PM

It’s already admitted it screwed up when it made it’s screen-name…
 
hawkdriver on March 18, 2012 at 12:36 PM

 
Which is why (D)s don’t trust them with health insurance, mortgages, or tuition.

rogerb on March 18, 2012 at 2:23 PM

~

Prepare for the worst; Pray for the best

 

I implicitly do not trust POTUS Barack Hussein Obama, nor his entire Cabinet, nor his entire Administration. I do not trust our Congress, and I do not trust our Senate. I am far more fearful of the attack on the United States of America that has already been initiated and is most certainly currently underway at the behest and direct involvement of our present Government within — than I am of any potentiality of attack from a foreign Government outside.

Two World Wars later and a mere 236-years after decisively winning our independence from a despicable Monarch whom held this land hostage under his grinding boot heel and whom divided and very nearly conquered us from half a world away; We are once again under the rule and under the boot heel of a despicable Monarch — in the guise of a democratically elected leader — whom divides us and attempts to conquer us, from within.

 

It is all taking place right before our very eyes and right under our very noses. Pshaw and dismiss the subversive and seditious mandates and decrees of President Barack Hussein Obama, his Cabinet, his Administration, and this Congress and this Senate at your own peril, America.

~

SD Tom on March 18, 2012 at 2:25 PM

If you believe this is just another “nothing to see here just move along” emergency power statute, consider the following.

In 1973, a Senate Committee Report on emergency power statutes made the following statements in the forward section of the Report:

“Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially proclaimed states of emergency…”

“These proclamations give force to 470 provisions of federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule this 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 communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens.”

According to the above, Congress claims it has the lawful authority to grant a president the power to “rule this country without reference to normal constitutional processes” and “control the lives of all American citizens” all in the name of an “emergency.”

The introduction to the Report stated that many Americans had lived all their lives under emergency rule and freedoms guaranteed by the Constitution had been abridged in varying degrees.

“A majority of the people of the United States have lived all their lives under emergency rule. For 40 years, freedoms and governmental procedures guaranteed by the constitution have, in varying degrees, been abridged by laws brought into force by states of National emergency.”

Skylolo on March 18, 2012 at 2:25 PM

I wonder if we’re looking for the wrong malfeasance here. What if this isn’t about power grabs but about enriching cronies?

J.E. Dyer on March 18, 2012 at 2:26 PM

Time to get afeared, Real America! Best get to your local Walmarts and stock up on Slim Jims and Cheetos while you can! You may want to use the broken appliances on the porch as barricades too.

KeninCT on March 18, 2012 at 11:52 AM

“broken appliances”….

Look chuckles… just because your hillbilly clan leaves old junk in the yard, couches in the rain on the porch, and 76 cats living in your house, doesn’t mean other people do.. stop projecting your own flaws on people.

Have you ever lived outside yer mom’s house?.. or a dorm?….

mark81150 on March 18, 2012 at 2:31 PM

I wonder if we’re looking for the wrong malfeasance here. What if this isn’t about power grabs but about enriching cronies?

J.E. Dyer on March 18, 2012 at 2:26 PM

I suspect you’re the closest to the truth here. Obama has proved time and again, he’s more into the wealth than anything else.

mark81150 on March 18, 2012 at 2:34 PM

Skylolo on March 18, 2012 at 2:25 PM

That is really a different argument then what we are doing here. If people don’t like the authority granted the president then that is a political debate, not an indicator that nefarious actions are about to be taken. I am pretty sure we live in a nation were we don’t prosecute criminals until a crime has actually been committed. If we don’t like the president having this authority then people need to stop soaking their panties about fantasies and start focusing on getting the law changed.

NotCoach on March 18, 2012 at 2:35 PM

Prepare for the worst; Pray for the best
I implicitly do not trust POTUS Barack Hussein Obama, nor his entire Cabinet, nor his entire Administration. I do not trust our Congress, and I do not trust our Senate. I am far more fearful of the attack on the United States of America that has already been initiated and is most certainly currently underway at the behest and direct involvement of our present Government within — than I am of any potentiality of attack from a foreign Government outside.

Two World Wars later and a mere 236-years after decisively winning our independence from a despicable Monarch whom held this land hostage under his grinding boot heel and whom divided and very nearly conquered us from half a world away; We are once again under the rule and under the boot heel of a despicable Monarch — in the guise of a democratically elected leader — whom divides us and attempts to conquer us, from within.

It is all taking place right before our very eyes and right under our very noses. Pshaw and dismiss the subversive and seditious mandates and decrees of President Barack Hussein Obama, his Cabinet, his Administration, and this Congress and this Senate at your own peril, America.

~

SD Tom on March 18, 2012 at 2:25 PM

****THIS****** SD Tom, you hit the freakin nail on it’s freakin head!

sicoit on March 18, 2012 at 2:36 PM

As I recall, even the EEEVIL GWB didn’t alter this long-standing EO to include ‘non-emergency conditions’, did he ??

pambi on March 18, 2012 at 2:44 PM

Given that Hussein Louie Obama is now president and clearly believes himself to be rightfully emperor, I would have to say another power grab.

VorDaj on March 18, 2012 at 2:47 PM

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.

Yes, nothing to worry about at all. Barack Obama may be a little over his head as America’s president, but I can assure you all that he is a great believer in liberty and the constitution and would never ever ever ever even think of overstepping any legal boundaries on his power.

VorDaj on March 18, 2012 at 2:53 PM

I wonder if we’re looking for the wrong malfeasance here. What if this isn’t about power grabs but about enriching cronies?

J.E. Dyer on March 18, 2012 at 2:26 PM

Why can’t it be both?

Bottom line: Whatever your opinion on Obama, NO POTUS should wield as much power as he (and Bush, and likely his successor) do. Congress has willingly abdicated its Constitutional authority and responsibility to be the most powerful branch. The logical end to this trajectory, if unaltered, is a Roman-style autocracy, the Congress exists but only nominally.

This is not the Constitutional Republic our founders envisioned. It’s not even the Constitutional Republic proscribed by our currently-amended Constitution.

Harpazo on March 18, 2012 at 2:59 PM

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

Since when do existing authorities get reasserted…without changes?

tom daschle concerned on March 18, 2012 at 3:00 PM

Yes, nothing to worry about at all. Barack Obama may be a little over his head as America’s president, but I can assure you all that he is a great believer in liberty and the constitution and would never ever ever ever even think of overstepping any legal boundaries on his power.

VorDaj on March 18, 2012 at 2:53 PM

Obowma is a little in over his head?

Obowma is at the bottom of the Marianas Trench while the problems he created are on Mt. Everest.

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

dthorny on March 18, 2012 at 3:01 PM

Only a fool would believe that President Shitstick doesn’t have something up his sleeve here

tommy-t on March 18, 2012 at 3:03 PM

I wonder if we’re looking for the wrong malfeasance here. What if this isn’t about power grabs but about enriching cronies?

J.E. Dyer on March 18, 2012 at 2:26 PM

I agree to a degree JED, but, all of the stimulus, tarp, monies that his royal worthlessness has “collected” from us has been to do just that, enrich the cronies already. I may be wrong, but I feel that HRW (his royal worthlessness) is truly pushing the limit BEFORE November.

sicoit on March 18, 2012 at 3:04 PM

Why worry ? Isnt this the Administration that said never let a crisis go to waste ?

William Amos on March 18, 2012 at 3:07 PM

NotCoach on March 18, 2012 at 2:35 PM

This is exactly what we are talking about. As the 1973 Report stated, when an EO is issued under the guise of an emergency it triggers other so-called laws. What laws? In the Report it states 470 were put into effect through emergency EO’s. How many were triggered by this EO and where do we go to find out?

In addition, there is not a single clause in the Constitution that grants Congress or a President these so-called powers. That is the real issue irrespective of party.

Skylolo on March 18, 2012 at 3:12 PM

In addition, there is not a single clause in the Constitution that grants Congress or a President these so-called powers. That is the real issue irrespective of party.

Skylolo on March 18, 2012 at 3:12 PM

My thoughts exactly. And when it states the word “cabinet”, he no longer has a cabinet……they are now called czars…..

sicoit on March 18, 2012 at 3:14 PM

Heavens! You Real Americans sure are angry today! Why not run along and watch some garishly painted vehicles drive in circles for a few hours? It may calm you down a bit.

KeninCT on March 18, 2012 at 1:02 PM

May you be first in line.

Schadenfreude on March 18, 2012 at 3:15 PM

It is all taking place right before our very eyes and right under our very noses. Pshaw and dismiss the subversive and seditious mandates and decrees of President Barack Hussein Obama, his Cabinet, his Administration, and this Congress and this Senate at your own peril, America. ~ SD Tom on March 18, 2012 at 2:25 PM

SD Tom is all over it today, spot-on! And here’s something that describes the deadly undertow we are also fighting against:

This quote was translated into English from an article appearing in the Czech Republic as published in the Prager Zeitung of 28 April 2010.

“The danger to America is not Barack Obama but a citizenry capable of entrusting an inexperienced man like him with the Presidency. It will be far easier to limit and undo the follies of an Obama Presidency than to restore the necessary common sense and good judgment to a depraved electorate willing to have such a man for their President. The problem is much deeper and far more serious than Mr. Obama, who is a mere symptom of what ails America . Blaming the prince of the fools should not blind anyone to the vast confederacy of fools that made him their prince. The Republic can survive a Barack Obama. It is less likely to survive a multitude of fools such as those who made him their President.”

Harbingeing on March 18, 2012 at 3:27 PM

If Romney wins expect every single person on here who was freaked out by this routine executive order to instantly forget it even exists. ODS is a beautiful/frickin scary thing to behold.

libfreeordie on March 18, 2012 at 3:30 PM

KeninCT on March 18, 2012 at 11:52 AM

As soon as the rednecks take over CT is going to be turned into a NASCAR theme park. Oh… wait. CT isn’t big enough? OK, it will become a pit stop for Harley owners.

Yoop on March 18, 2012 at 12:03 PM

Actually, car racing has been taking place in CT for decades.

Lime Rock Park in Lakeville is legendary. They have been racing there since the mid 1950s. Lime Rock is best known as the home track of legendary Reich-Wing Car Racer Paul Newman, whose racing team still bears his name. Paul was still driving in races at Lime Rock at the age of 82, just a year before he died.

Thompson International Speedway, in Northeastern CT, will hold at least 15 NASCAR race events this spring and summer.

And the Waterford Speedbowl, located just north of New London, CT, has 3 NASCAR races in April alone.

Ken’s going to all of them.

Del Dolemonte on March 18, 2012 at 3:32 PM

ODS is a beautiful/frickin scary thing to behold.

libfreeordie on March 18, 2012 at 3:30 PM

Tell us again how many plays and films the ODS’ers have made about assassinating Him.

Del Dolemonte on March 18, 2012 at 3:33 PM

I am pretty sure we live in a nation were we don’t prosecute criminals until a crime has actually been committed

NotCoach on March 18, 2012 at 2:35 PM

Yeah, it’s not like .Gov can just arrest you and hold you indefinitely, without charging you, without allowing you access to a lawyer, after relocating you out of the country, or they can just determine you to be an enemy and assasinate you, an american citizen, and maybe on US soil (they haven’t decided yet)……

Someone once said “”America is at that awkward stage. It’s too late to work within the system, but too early to shoot the bastards.”

She may have been right

AlexJ on March 18, 2012 at 3:34 PM

libfreeordie on March 18, 2012 at 3:30 PM

PS, did you also glowingly approve of routine EOs whenever Bush issued them?

Del Dolemonte on March 18, 2012 at 3:36 PM

So when the jackbooted thugs are breaking down your door and demanding all of your cans of creamed corn, then it’s OK to worry?

Mr Galt on March 18, 2012 at 3:37 PM

She may have been right

AlexJ on March 18, 2012 at 3:34 PM

You’re right. What we should do is practice preemptive coups d’état. That wouldn’t set up any kind of horrible precedents for people we strongly disagree with to use against us eventually with their own preemptive coups d’état.

NotCoach on March 18, 2012 at 3:38 PM

…if Obama had just been brought up liberal…

…brought up communist…

No one’s ever been to show a difference.

oldleprechaun on March 18, 2012 at 3:40 PM

lester on March 18, 2012 at 10:46 AM

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

libfreeordie on March 18, 2012 at 10:44 AM

KeninCT on March 18, 2012 at 11:52 AM

Your Mamma loves me on March 18, 2012 at 1:53 PM

Just got in from a lovely boat ride. Reading through the thread I noticed these folks. Are they part of 0′s civilian military brigade, I’m always hearing 0 talk about. Are they part of the “Get in your neighbors face” crowd. Weak, weak stuff. Ed we really do need to get some new trolls. Talented ones this time please. These aren’t even worth the energy. Everyone if this is representative of the folks that are going to keep us in check. 0 is screwed. Come to think of it 0 is screwed either way. Weak, weak trolls. Its just so easy, its not even a challenge. But y’all keep on coming back, we will get you schooled at some point. Or maybe not. Argh!

Bmore on March 18, 2012 at 3:50 PM

Time to get afeared, Real America! Best get to your local Walmarts and stock up on Slim Jims and Cheetos while you can! You may want to use the broken appliances on the porch as barricades too.

KeninCT on March 18, 2012 at 11:52 AM

“broken appliances”….

Look chuckles… just because your hillbilly clan leaves old junk in the yard, couches in the rain on the porch, and 76 cats living in your house, doesn’t mean other people do.. stop projecting your own flaws on people.

Have you ever lived outside yer mom’s house?.. or a dorm?….

mark81150 on March 18, 2012 at 2:31 PM

I actually lived in CT in the early 1970s in Fairfield County, which at the time one of the top 5 richest counties in the US. It’s now dropped to #37, mainly due to the computer revolution.

My neighbors on one side kept a bunch of pigs, along with other barnyard creatures. And the neighbor on the other side raised chickens. And this was no rural area, this was a completely built up residential suburb near Danbury, which I hear is now an illegal immigration hellhole.

Went back there for a visit a few years back; both neighbors are still there. And both are still raising pigs and chickens.

They’re both Democrats, by the way…

Del Dolemonte on March 18, 2012 at 3:53 PM

anyone who trusts Obama, is a fool..

mark81150 on March 18, 2012 at 1:28 PM

-
Q.O.T. Election Year…
-

RalphyBoy on March 18, 2012 at 3:54 PM

PS, did you also glowingly approve of routine EOs whenever Bush issued them?

Del Dolemonte on March 18, 2012 at 3:36 PM

I’m a critique of neoconservative and neoliberal (which are really the same thing) policies no matter who advocates them. You know that, but you like playing with your imaginary version of me.

libfreeordie on March 18, 2012 at 3:55 PM

neoconservative and neoliberal (which are really the same thing)

Goodness gracious. Ed, new ones please!

Bmore on March 18, 2012 at 3:57 PM

and what will the people that say, “nothing to worry about, you guys are getting all crazy for nothing!” do when obama does what 95% of the people here think he would do?

say, “sorry, we were wrong.”?

Lifeisdeath on March 18, 2012 at 4:00 PM

You’re right. What we should do is practice preemptive coups d’état. That wouldn’t set up any kind of horrible precedents for people we strongly disagree with to use against us eventually with their own preemptive coups d’état.

NotCoach on March 18, 2012 at 3:38 PM

Wow, so let me get this right, first make a statement that is demonstrably not true. Then when challenged, assign false motive and straw man arguments in order to mock someone who doesn’t see things the same way you do. Just Wow

AlexJ on March 18, 2012 at 4:05 PM

I guess we’re still playing the “Oh no, Obama would never do THAT” game. Even though he keeps doing THAT over and over again. For the past three years.

Jim Treacher on March 18, 2012 at 4:11 PM

(1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;

(2) the Secretary of Energy with respect to all forms of energy;

(3) the Secretary of Health and Human Services with respect to health resources;

(4) the Secretary of Transportation with respect to all forms of civil transportation;

(5) the Secretary of Defense with respect to water resources; and

(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.

Well, I’m glad to see our lives are in such capable hands.

/s

What I find particularly interesting is putting Panetta in charge of water. That would usually fall under the Secy. of the Interior. Perhaps they intend to put armed guards on all water supplies and control us through thirst.

LegendHasIt on March 18, 2012 at 4:11 PM

I wonder if we’re looking for the wrong malfeasance here. What if this isn’t about power grabs but about enriching cronies?

J.E. Dyer on March 18, 2012 at 2:26 PM

Why can’t it be both?

Harpazo on March 18, 2012 at 2:59 PM

I’m sure it can. If you look at what the EO gives the executive the power to do, what’s one of the first things you would suspect Obama in particular of?

That’s right, forcing US industries to switch to uneconomical alternative fuels, which would line his cronies’ pockets. As a “national security” measure.

As Rush would say, don’t doubt me on this.

J.E. Dyer on March 18, 2012 at 4:16 PM

OK, that is weird, I didn’t notice before that the line about SecDef ends with ‘and’. I wonder if they redacted the rest, or if they just want to be able to fill stuff in later in secret.

Tin hat stuff, I know, but remember who/what we are dealing with.

LegendHasIt on March 18, 2012 at 4:16 PM

If this is much ado about nothing, then why update the law at all? Obama certainly wouldn’t take advantage of ways to bypass the Constitution, right? He would never think that the Constitution is an outdated restrictive document that needs to be rewritten or modified to meet more current needs as defined by the intellectuals currently in power. This is just the administration catching up on some paperwork before the weekend. Nothing to see here.

EVERYTHING this administration does has purpose and intent.

TheLoudTalker on March 18, 2012 at 4:17 PM

AlexJ on March 18, 2012 at 4:05 PM

Wowzers!

Someone once said “”America is at that awkward stage. It’s too late to work within the system, but too early to shoot the bastards.”

She may have been right

AlexJ on March 18, 2012 at 3:34 PM

You did post that, right?

And enemy combatants are not criminals, the are enemy combatants. But you are comparing apples and oranges anyways. The panty twisting going on here today is about something that has actually not happened. Furthermore, this is not a new law. I have seen nothing in these EOs that can be considered an abuse of authority. How about we get worked up over the actual abuses he has committed already instead?

Every government that has ever existed, regardless of who has led it, can abuse its authority and steal our liberties. And unfortunately we will never be able to prevent it. The only thing we can do is to be prepared for it when it does happen. But these EOs are not an abuse of authority. They are the president pushing paper around under the authority of a 62 year old law. If we don’t like this kind of legally granted authority, then let’s champion a new law instead of tilting at windmills.

NotCoach on March 18, 2012 at 4:22 PM

Tin hat stuff, I know, but remember who/what we are dealing with.

LegendHasIt on March 18, 2012 at 4:16 PM

Indeed, “Trust but Verify”, as the Great Communicator said. In this case those who trust are utter fools.

Schadenfreude on March 18, 2012 at 4:24 PM

, section 102 specifically notes that the EO is intended to ensure defense preparedness “in peacetime

What does the definition of “ensure” mean? Who gets to define the meaning of the word as well as the words “defense preparedness?”

Will declaring martial law ensure defense preparedness during peacetime?
Yeah, and just imagine what it would be like, during martial law if DHS got to be your dictator. Very comforting.

We’ve always always gone about this the wrong way. If our nation was really about protecting our liberty, than freedom would be the most important aspect our government would want to protect. But it isn’t. They are about protecting themselves and ensuring that, during an emergency, the government is protected and the government survives. But by doing that, they split their focus and resources by going after the people.. because instead of fighting off whatever the threat is from outside our country.. they become paranoid and zero in on controlling the people.

During a true national emergency, there should never be martial law. Ever! Even if something horrible happened and the east coast was effected, the governors of each state should have whatever powers are needed to protect their states individually.. or to work in co-operations with other states. Communities should form militias… (militia has been turned into a dirty word, unfortunately, by the media and by too many militia types themselves)

The idea is, if the US suffered some kind of overwhelming attack.. you don’t just have everybody sitting around waiting for orders from Washington, and law enforcement wasting time going door to door confiscating radios and weapons… but instead.. ideally, if the US were attacked.. immediately we become 50 mini nations supporting our US military by defending our own homes and towns and cities.. ensuring the survival of our way of life and our nation. Not turning immediately into a police state government by a dictator under martial law… but a family of citizens united and working together protecting our homeland.

That would be an invincible army for any foe to face.

JellyToast on March 18, 2012 at 4:26 PM

Y’know, I really don’t mind these Friday dumps so much anymore.
Granted, alot of folks (with the LSM’s full support) will never learn of them, but WE ARE ALL BREITBART NOW, no ?
Their opposition is actually given a full weekend to discuss, discover, and understand the complexities long before the ‘uninformed’ public learns of them.
Don’t know about YOU, but I DO need time to build up my little ‘manila folder’ of links and arguments, before confronting some of the folks that will mock and attempt to tell me I’m deranged to suspect this admin’s motives.
Can hardly wait for Rush and Levin, frankly.
They’ll no doubt provide extraordinary resources for all Americans.

So, let the admin continue to think they’re oh-so super-smart with these Fri-dumps !! They don’t realize how damaging they really are !
:-)

pambi on March 18, 2012 at 4:28 PM

I guess we’re still playing the “Oh no, Obama would never do THAT” game. Even though he keeps doing THAT over and over again. For the past three years.

Jim Treacher on March 18, 2012 at 4:11 PM

But Gabe Malor ove at AoSHQ says we have no reason to worry.

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I really have nothing else to say in the matter.

Rio Linda Refugee on March 18, 2012 at 4:34 PM

Rio Linda Refugee on March 18, 2012 at 4:34 PM

50 black helicopters follow you everywhere you go.

Kermit on March 18, 2012 at 4:37 PM

To all of you who have jumped to conclusions about this standard run of the mill EO…..

50 Black Helicopters follow you everywhere you go, and NSA has your IP address dialed in and there is a FEMA camp awaiting your arrival where you will be paid with the Amero.

Kermit on March 18, 2012 at 4:39 PM

50 black helicopters follow you everywhere you go.

Kermit on March 18, 2012 at 4:37 PM

Only 49, I’m driving one.

Rio Linda Refugee on March 18, 2012 at 4:40 PM

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