“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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NotCoach on March 18, 2012 at 4:22 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

My post at 3:34 re:the above quote, was in reference to the recently passed NDAA(with resounding support of the House of Reps) and the recent testimony in congress that our FBI director gave indicating that in fact he’d have to check with DOJ on whether or not it’s OK to assassinate US citizens on US soil. Remember according to the NDAA only the President can determine who we get to assassinate. Oh by the way have you seen any of the lists of groups that could easily be considered candidates for consideration?

If you have seen nothing in any of these executive orders that is an abuse of authority then we will just disagree.

AlexJ on March 18, 2012 at 4:43 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

.
: )

listens2glenn on March 18, 2012 at 4:49 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

 
So pretty much exactly like (D)s and the Libya bombing, right?

rogerb on March 18, 2012 at 4:50 PM

I believe his occupy people are supplying the perfect reason. He will use them and throw them unders the bus.

Bambi on March 18, 2012 at 5:09 PM

Oh by the way have you seen any of the lists of groups that could easily be considered candidates for consideration?

If you have seen nothing in any of these executive orders that is an abuse of authority then we will just disagree.

AlexJ on March 18, 2012 at 4:43 PM

You are changing subjects. DHS under Napaletano is, no doubt, a joke. And we should certainly have a serious debate about the conditions under which American citizens are declared enemy combatants. But neither subject is this subject.

I don’t trust this president, but I don’t live in a world either where I think we must take r(the number e)belious action every time we are suspicious of the president. We can only reasonably act when our liberties are actually stolen or explicitly threatened to be stolen. If we don’t like then authority granted to a president under law, attack the damn law, not black helicopters!

If we are going to become unhinged about this issue why not become unhinged over the fact that Obama has complete authority over our nuclear arsenal? Isn’t that clear evidence he will soon be nuking Texas?

NotCoach on March 18, 2012 at 5:10 PM

“We’re Gonna Brainwash Those 2nd Amendment Rights Right Outta Your Head”

See what Eric Holder considers to be real “Second Amendment remedies.”

Resist We Much on March 18, 2012 at 5:15 PM

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

Calm sir. This is a dimwitted liberal who is already starting to build cover and a meme. The only violence is going to be from the teat suckers if Obama loses and they lose access to the teat.

kim roy on March 18, 2012 at 5:30 PM

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

Translated: “I am afraid to answer Del’s question, because it will make me look like the Democrat Hypocrite everyone already knows I am.

As for my “imaginary version” of you, it’s real. And it’s verified by your use of the “N” word above. That word is so 9/10 it’s not even relevant any more.

Del Dolemonte on March 18, 2012 at 5:31 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

Until we can say this about President Romney:

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

See how that works?

Rational Thought on March 18, 2012 at 5:32 PM

Just getting geared up for the “occupiers” this spring, summer, and fall. I’m geared up. How about you?

Mirimichi on March 18, 2012 at 5:40 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

I prefer mine going straight ahead:

http://miafene.hu/wp-content/2008/05/hello-kitty-tank-495×307.jpg

http://www.myspaceantics.com/images/myspace-graphics/funny-pictures/hello-kitty-ferrari.jpg

http://www.kittyhell.com/wp-content/uploads/2011/10/hello-kitty-jet.jpg

unclesmrgol on March 18, 2012 at 5:41 PM

Trust but verify.

Yakko77 on March 18, 2012 at 5:47 PM

This is the bone structure to the USA’s first five year plan. With the recommendations from various entities, the government can now lay out the winners and losers for the next five years, break farms, manufactures, any corporation by funding the competitors for National resource reasons.

Bulletchaser on March 18, 2012 at 6:00 PM

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.

Agreed. Axelrod is floating this canard because his cupboard of dirty political ploys is quickly becoming more empty than full, and Obama’s team is becoming more desperate.

Roy Rogers on March 18, 2012 at 6:06 PM

This is just another step by Obama in his quest to establish his Marxist dictatorship. See that list of members of the “DEFENSE PRODUCTION ACT COMMITTEE”? That’s the members of his oligarchy backing him up. PART VIII, Sec. 802(m) likely means your guns and ammo. How do you all like Section 804(c)? Obama says he can take your stuff and you can’;t do a thing about it. Got a lot of food stashed away? How about ammo and guns? Obama wants all of it.

Here is an axiom to keep in mind:

Look at your rights and freedoms as what would be required to survive and be free as if there were no government. Governments come and go, but your rights live on. If you wish to survive government, you must protect with jealous resolve all the powers that come with your rights – especially with the Right to Keep and Bear Arms. Without the power of those arms, you will perish with that government – or at its hand.

Woody

woodcdi on March 18, 2012 at 6:07 PM

Just getting geared up for the “occupiers” this spring, summer, and fall. I’m geared up. How about you?

Mirimichi on March 18, 2012 at 5:40 PM

I heard that simple pepper spray works wonders.

Roy Rogers on March 18, 2012 at 6:12 PM

My biggest concern about this is “PART III – EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY,” which seems to create whole new vistas for crony capitalism a la the Green Energy boondoggles, with donor kickbacks and all the rest.

There’s a lot of provision for guaranteed loans. There’s nothing about Congressional oversight, and I assume he’s going to ask for an enormous new slush fund to implement this.

Dan Collins on March 18, 2012 at 6:31 PM

Resist We Much on March 18, 2012 at 5:15 PM

The post on your blog is interesting – Holder attempting to extrapolate an anti-smoking ethos onto gun ownership to make it seem “not cool.”

Well, Eric, good luck with that. In my little corner of the world, even the long-standing established anti-smoking effort doesn’t seem to have much effect on the students at the small technical school where I teach part-time — fully half of the current enrollment lights up the minute the clock indicates the morning break.

PatriotGal2257 on March 18, 2012 at 6:35 PM

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

Knowing I’m late to the thread, and not presuming to speak for Fallon, I can tell you why I’m concerned about the “Friday night news dump” aspect of this;

Once, I had an extremely sneaky boss; after a while, even his most innocent behaviors were viewed with suspicion.

The point is, he had brought the skepticism on himself, by his constantly duplicitous actions.

Did we then overreact to all his actions? Yes, but whose fault is that?

massrighty on March 18, 2012 at 7:16 PM

I think there is something amiss here that Ed is missing.

Why this and why now? To quote a famous movie…

“What’s his plan? … Russians don’t take a dump son without a plan. Senior captains don’t start something this dangerous without having thought the matter through.”

dominigan on March 18, 2012 at 7:18 PM

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

Post election violence? History places all instances of that on your side of the political spectrum.

massrighty on March 18, 2012 at 7:20 PM

and we really shouldn’t jump to conspiracy-think conclusions without understanding the history of these EOs.

The problem, Ed, is that we do understand the history of Obama, his EO’s, and more importantly, his radical influences and philosophy that actually motivates his actions. It’s why this EO is so suspect.

I’m surprised at the naivety of your conclusion on this.

Harbingeing on March 18, 2012 at 7:33 PM

Trust but verify.
Yakko77 on March 18, 2012 at 5:47 PM

Yup, when you’re the frog that’s been thrown into the cooking pot it’s not unwarranted to grab a thermometer beforehand.

whatcat on March 18, 2012 at 7:47 PM

Ed. “why send it out on a Friday afternoon when an administration is usually trying to sneak bad news past the media?”

With today’s media, is it even necessary to have Friday afternoon dumps? The media’s #1 goal is to reelect Obama. Let’s face the facts: if Eric Holder wasn’t black and Obama’s AG, the media would be calling for his firing.

To the MSM whatever dirt ditzy Nicolle Wallace has to dump on Sarah Palin today trumps this.

bw222 on March 18, 2012 at 7:56 PM

Just getting geared up for the “occupiers” this spring, summer, and fall. I’m geared up. How about you?

Mirimichi on March 18, 2012 at 5:40 PM

One of my sons just got back from visiting Austin, and the occupiers were out making fools of themselves, claiming that the street was theirs. He said most everyone passing by was laughing at them. These fellows seemed harmless but aggravating. I fear that in the future that might not be the case.

jazzuscounty on March 18, 2012 at 7:57 PM

and we really shouldn’t jump to conspiracy-think conclusions without understanding the history of these EOs.

The problem, Ed, is that we do understand the history of Obama, his EO’s, and more importantly, his radical influences and philosophy that actually motivates his actions. It’s why this EO is so suspect.

I’m surprised at the naivety of your conclusion on this.

Harbingeing on March 18, 2012 at 7:33 PM

Ed. “why send it out on a Friday afternoon when an administration is usually trying to sneak bad news past the media?”

bw222 on March 18, 2012 at 7:56 PM

For Ed, it will take the coming of unionist stormtroopers and occupiers armed to the tooth as Obama’s socialist militia. Only at the 11th hour will Ed finally uncover the grand scheme of all these orders and maneuvers… only after the communist state has been erected by Obama and his fellow muslims.

Let’s be realistic. In the next America only people receiving government benefits will be treated with respect and live in freedom. Everyone else will become part of a vast, new underclass for exploitation and forced redistributionism.

bayam on March 18, 2012 at 8:10 PM

On the headline thingie, is that a Hitchhiker’s Guide “Don’t panic”?

If so, it should be, “DON’T PANIC”.

justltl on March 18, 2012 at 8:10 PM

One more reason to vote Obama out ASAP so that he doesn’t have this potential for abuse of power any longer than possible.

profitsbeard on March 18, 2012 at 8:35 PM

I think in the general hoopla everybody is missing the main point here. (From The One’s POV, that is.)

That being, the EO puts the authority to issue financial assistance from the government (in the form of loans and grants) under the authority of the Cabinet secretaries designated as responsible for the areas called out. Such as the Energy Secretary being responsible for all such funding to energy projects. I was at first surprised to see water (navigable streams, etc.) being under Defense, then I remembered the Tennessee-Tom Bigbee river project under Army Corps of Engineers.

What this EO is intended to do, I suspect, is give the Cabinet (and by extension, the President)the authority to fund what the administration defines as “projects necessary for national defense”, including “preservation of the economy”, to use one phrase far down in the bureaucratese, without having to get Congressional approval for the spending.

In short, the next round of “green energy” projects, “stimulus”, etc., will very probably be funded under the auspices of the White House, under this “finding”, and without any Congressional oversight. Not that they’ve done an exactly terrific job of “overseeing” the spending spree that The One and Friends have indulged in for the last three years, that is.

Martial law? No.

Another excuse to beat the American economy over the head with a Keynesian mallet? Oh, my, yes.

You do realize that with measures possible under this EO, Himself could bankrupt us before November?

clear ether

eon

eon on March 18, 2012 at 8:39 PM

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.

As it is a Cold War mindset the question is: do these powers adhere to the President by the CinC power and head of government power, or are they grants from Congress to utilize agencies in roles they were never designed for?

There is a problem with the reach of the federal government not only by powers assumed by Congress (via creation of agencies) but then the agglomeration of power in the Executive by blurring the lines between distinct power grants from the Constitution and those of a less firm nature granted by Congress. Find the place in the Constitution for a Dept of Education, Energy, Agriculture, and on and on, and then add in ‘emergency powers’ from the Cold War mind-set and Presidents now having to ‘guide’ a Nation through a problem and you get something that is not part and parcel of our federal system but the opposite of it: the accumulation of power in DC via encroachment and the crippling of the States and the people by the assumption of those powers.

Yes these EOs have been written for 73 years.

That is THE PROBLEM.

We have gotten USED to having power usurped via accumulation of it at the federal level and it leaves us with a brittle infrastructure that is dependent on the federal government. Yet when was the last time that FEMA was actually timely in responding to a ‘crisis’? How about the Federal Reserve, have they been taking the punch bowl away just as the party has gotten started like they should? The SEC, has it really done such a fantastic job over the last two decades? Of what use is the FCC? Has Agriculture really protected family farming, or served as a trough to Big Ag?

Now look at the people heading up agencies across the spectrum in the federal government.

Does anyone actually believe that the federal government can respond to a crisis of National scale any more? Yet all these powers and authority are now bundled up far from the people and that is extremely dangerous. So is issuing EOs left, right and center by the dozen. Government is not to be run EOs. That is why I get hives when any candidate starts telling me how many EOs they are going to issue.

ajacksonian on March 18, 2012 at 8:41 PM

At last….. Khrushchev was right, they did roll over us and we have a communist dictator.

ultracon on March 18, 2012 at 8:55 PM

We desperately need another debate I can’t wait to hear Laup Nor explanation of this!

Laup Nor/KookSpinach 2012 3/4

ConcealedKerry on March 18, 2012 at 9:29 PM

Those of you who can afford to go buy firearms and/or ammo when more of this spook-tacular stuff comes up, consider yourself very blessed. I’m having to settle for “discount knowledge at community college”, as the song goes, and even THAT is leaving me broke. God d@mn what that smirking baboon has done to the United States’ economy!

MelonCollie on March 18, 2012 at 9:51 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.

We will be the judge of that…

Seems to me this could be used as a gateway to further his ambitions. I smell a fink pinko commie rat…and yes…hes black.

I know, I know…

Im such a racist/bigot/homophobe/redneck/warmonger/woman-hater/puppy-dog kicker/martian (really…martian?)/zombie (what the hell…zombie?)/telepath (oh come on now…telepath?)/wingnut.

Damn the man…

MooCowBang on March 18, 2012 at 10:15 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

Exactly.

It’s like, I’d have no problem going to the range with my 18 year-old son, but I wouldn’t want to be around you had you a piece in your hand.

Same tool, different driver. Big difference.

Akzed on March 18, 2012 at 10:18 PM

Same tool, different driver. Big difference.

Akzed on March 18, 2012 at 10:18 PM

Same tool, different driver. Big difference.

Except that the tool is around for the next driver to misuse, and the likelihood of such misuse only gets worse over time.

MelonCollie on March 18, 2012 at 10:20 PM

So if I am to believe many of the latest blogs, this is just Obama keeping paperwork tidy and updating records with new information, sort of like filling out your college alumni address change postcard. Nothing to see, he always changes laws just to keep the books in order.

TheLoudTalker on March 18, 2012 at 10:20 PM

Why issue this “correction” now?

This is an administration that issued over 10,200 new regulation in the last 3 and 1/2 years. Obama couldn’t wait to gut the CIA’s anti-terrorist mission or order Gitmo closed.

So, do you really thing that “Regulatory Czar” Cass Sunstein just didn’t happen to get around to writing this up for Obama to sign until now?

Hmm. Let’s look again, and study this in context.

Occupy Wall Street is promising to bring violence to our cities this summer. Obama moved the G8 from Chicago to Camp David because of them.

Greece is about to come to America.

Our budget is in tatters, the deficit out of control, the debt at 100% of GDP, taxes about to jump sky high right after the election.

Iran and Israel are about to go to war, putting 30% of the worlds oil production and distribution at risk.

Gas prices skyrocketing, inflation at a de-facto 9%, Unemployment officially over 8% for the last 36 consecutive months (real unemployment closer to 15%).

Electricity rates programmed to blow sky high this summer thanks to Obama’s EPA shutting down coal-fired generation.

Home foreclosures rising again, millions of people have lost their jobs and then their homes. 1/4 of the country’s mortgages are under water.

And look who is in charge of the committee. Is it some FEMA apparatchik? Nope. It’s Secretary of Homeland Security Herself, Janet Napolitano. Who, just by the way, issued another “fusion” report saying that people who support the 2nd Amendment (and a few others like pro-life people) need to be watched because they might be domestic terrorists.

Oh, and Obama’s approval rating is crashing overall, especially on dealing with gas prices, threatening to make his a one-term president. This for a guy who is famous at “doubling down” when challenged and who spending every other, it seems, using AirForce 1 to fly him around the country for campaign fund raisers.

And we are supposed to believe that this “revision”, coming now, has nothing to do with politics, when we all know that everything Obama does is politicized?

I think that the repeating churning that American civil society that either Obama instigated (war on the Catholic Church, Fast and Furious, New Black Panther Party, Obamacare) or by his allies (Stephen Lerner of SEIU, George Soros, Van Jones, etc.) is undergoing right now is deliberate. And I think they come from Obama’s allies like Van Jones and his “bottom up, top down, inside out” plan.

To put it another way, How many “7′s” does the guy at the line have to roll in a row before you figure out that the dice are loaded?

If you continue to insist that this is a harmless revision of old policy, given what is happening in civil society right now, then you either deserve the “Pollyanna Award” or you are willfully blind.

Believe me, I’d love to be wrong about this. I’d love to see January 20, 2013 bring a new President to take the Oath while Obama boards AirForce 1 for a final ride to Ohare. I just have this nagging sense that this is not how it is going to go down.

georgej on March 18, 2012 at 10:21 PM

georgej on March 18, 2012 at 10:21 PM

I smell it to.

Woody

woodcdi on March 18, 2012 at 10:37 PM

georgej on March 18, 2012 at 10:21 PM

Israel attacks Iran.

The Hizbollah sleepers in the US start shooting up hospitals, malls, and schools.

Car bombs go off e.g. in the Holland tunnel, the Baltimore Harbor tunnels, the Big Dig, on the Golden Gate bridge, etc.

Instant backlash begins and mosques start getting shot up.

To “protect” us this EO is activated.

Obooba is in the catbird seat for the foreseeable future.

It’s just too easy to imagine to believe that it isn’t in the cards.

When has he not doubled down on stupid?

Sec. 201 (4) the Secretary of Transportation with respect to all forms of civil transportation

This includes feet.

Akzed on March 18, 2012 at 10:42 PM

So I’m late to the party here (and lately some posts seem to not get posted) but check out section 502:

Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations.

oryguncon on March 18, 2012 at 10:55 PM

oryguncon on March 18, 2012 at 10:55 PM

“Come vis us.”

Akzed on March 18, 2012 at 11:00 PM

To repeat what oryguncon said: Section 502 reads:

Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.

jdawg on March 19, 2012 at 1:38 AM

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.

This stunning lack of guarded curiousity is EXACTLY the sort of thing that has no place in the blogosphere. I’m not saying that to be funny or hyperbolic. I mean it literall. Obama and his handlers thought it desireable to make these modifications and furthermore to make them official at a time that is indeed used to conceal things. Wht they’ve done is certainly – CERTAINLY – neither innocent or merely maladroit. They’re up to something just as sure as Obama and his inner circle of puppetmasters are marxists. That a principal in and quote-unqoute ‘blog of the right’ doesn’t even consider that, gives the whole matter a bland observance, is ALARMING.

rayra on March 19, 2012 at 2:26 AM

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

So, like any other run of the mill dictator he’s going to clean out the treasury before he leaves under the cover of dark.

And if that doesn’t go so well, he always has this updated EO to play with.

Makes sense. Most grifters plan their escape in advance.

kim roy on March 19, 2012 at 4:40 AM

kim roy on March 19, 2012 at 4:40 AM

Yes. And while shaving this morning, something else occurred to me.

By identifying all the areas mentioned as “national defense priorities”, The One can not only bypass Congress to fund his pipe dreams, he can do it by stripping the defense budget.

Which means that money earmarked by Congress for F-35s, or littoral warfare ships, or even military dependent housing could end up going to the likes of Solyndra, LightSquared, and etc.

With lots of campaign money coming back in The One’s direction, naturally.

Whether he wins in November or not, His Oneness is setting himself up to have one last, really big Don Quixote-style tilt at the windmill of “syndicalist socialism”- and write himself an even bigger severance pay check going out the door.

cheers

eon

eon on March 19, 2012 at 7:01 AM

Mark Levin just tweeted this discussion thread and said he will talk about it tonite on his show.

karenhasfreedom on March 19, 2012 at 8:13 AM

BOLO * BOLO * BOLO

Group of people claiming to have your best interest at heart because you are not smart enough.

Armed and dangerous.

Last seen in large limos and eating at expensive restaurants.

Do not try to apprehend. Call us and leave your name and social security number.

jarhead0311 on March 19, 2012 at 8:29 AM

jdawg on March 19, 2012 at 1:38 AM

That is a legalistic way of saying, “We need your advice person we deem as an expert in this field. Please be advised we do not pay for advice.”

Don’t give advice if you don’t want to give free advice.

NotCoach on March 19, 2012 at 10:14 AM

Plus, I think Ed needs to understand…

Just because the original Executive Order was executed 70 years ago DOESN’T make it Constitutional. From my reading, you have an update made by our President to an EO from 70 years ago that was un-Constitutional then, and is still un-Constitutional NOW. The big difference is that we know our President does not have the Constitution in mind and will not exercise restraint in triggering the order.

dominigan on March 19, 2012 at 11:31 AM

Coupled with this, there’s nothing to worry about, right ?

pambi on March 19, 2012 at 12:04 PM

More to worry about? Na. Just the SOP for Obama and his oligarchy. Take comfort in knowing what you are up against. An enemy identified is an enemy already half defeated.

Woody

woodcdi on March 19, 2012 at 12:31 PM

Looks like MOTUS thinks there’s more to this…including black leather “Security Force” uniforms, modelled by Barry himself.

http://www.michellesmirror.com/2012/03/revolution-has-started-without-you.html

NOBO2012 on March 19, 2012 at 2:35 PM

Whatever, Ed.

All is well. Nothing to see here. Move along…

Some of us get it. You might one day. Unfortunately for you it will be too little too late.

Flyboy on March 19, 2012 at 8:26 PM

Ok, so we have this EO which controls everything in peacetime.
Add to that, we now have HR347 which essentially makes it a felony to protest anyone with Secret Service protection. Add to that, we have 40 million rounds of .40 caliber ammunition being ordered by Homeland Security. As one of the frogs in the pot, I have to say, “Is it me, or is it getting warmer in here?”.

gordo on March 19, 2012 at 11:17 PM

It’s only a Cook Book.

VikingGoneWild on March 20, 2012 at 2:00 AM

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