Obama issues Executive Order of effective Martial Law (Updated)

Friday is typically used by government and politicians to quietly dump a bombshell on which they do not want the media to shine its white-hot spotlight.

Yesterday is just such a Friday.

Obama issued an Executive Order of momentous implications. In the name of an undefined “national emergency” and the declared imperative to prepare Americans to “respond” to the “national defense needs” of the United States, the Obama administration seizes authority to the President (and the Executive Branch) to commandeer the production, use, and distribution of all resources in the country, public and private, including agricultural, energy, health, transportation, water, construction, and — just in case something is left out, the catch-all phrase — “all other materials, services, and facilities.”

Even more ominous are certain words that I’ve colored neon green: “in peacetime” and in “non-emergency conditions.” In other words, Obama is claiming this extraordinary power and authority even if America isn’t at war and even if there isn’t a “national emergency” — which was the justification for this Executive Order to begin with!

To do all this, there will be at least two new organizations and personnel:

  • The Defense Production Act Committee (DPAC), comprised of the heads of the departments and offices in the Executive Branch;
  • The National Defense Executive Reserve (NDER), placed under the authority of the Department of Homeland Security — the same DHS under the same Janet Napolitano who’ve been abusing us with the TSA nazis in airports.

Think of the DPAC as the Politburo, and the NDER as Obama’s Brown Shirts. 

Please make this go viral: send it to everyone on your e-mail list. And come Monday morning, get on the phone to your representatives and senators in D.C.

It is claimed that the United States have had similar executive orders before, dating back to WWII and the Korean War. Assuming that is true, it begs the question:

Why is there even a need to issue a new executive order if it’s just like previous ones?

In the end, an executive order is supposed to be a temporary instrument wielded by the Executive Branch but does not have the Constitutional status of a Congressional law. So it is up to Congress, or rather it is up to us to demand that Congress stop this. Short of a world war, there is no justification for such extraordinary and comprehensive powers be handed over to the President and the Executive Branch of the U.S. government.

H/t Joe Baker, Editor of Before It’s News

UPDATE (Mar. 18):

Reaction to and analyses of Obama’s Friday dump are coming in. The consensus is that this new Executive Order (EO) is similar to previous ones, going back to an EO in World War II, and that Obama’s EO may be prompted by the existence of new bureaucracies in the Executive Branch which didn’t exist before, e.g., the Department of Homeland Security. (See, for example, Ed Morrisey’s analysis and PatriotActionNetwork’s update.)

Having said that, there remain several concerns:

1. While it is true that previous EOs also gave comprehensive powers to the President, much depends on the person who is President. Trusting Ronald Reagan with such powers is one thing. Trusting Barack Obama, whose pre-POTUS associates were card-carrying communists (Frank Marshall Davis), domestic terrorists (Bill Ayers), and black racists (Rev. Wright), with such powers is quite another thing.

2. The size and scope of the Executive Branch, especially its vast regulatory powers, are much much greater today than in the 1940s or 1950s. Such a powerful Executive Branch was most certainly not the intention of the Founding Fathers.

3. There was no Dept. of Homeland Security (DHS) in previous EOs. Not only has the Obama administration’s DHS unleashed the TSA goons in airports, this DHS also authored a memo in 2009 which identified veterans, Christians, pro-lifers, pro-2nd Amendment gun-righters, and conservatives as potential terrorists. Put simply, I don’t trust the DHS with such vast powers!

4. There was also no Obamacare in previous EOs. Obama’s EO seizes comprehensive power over all health care in America. The timing of Obama’s EO is interesting — Obamacare will come before the Supreme Court later this month.

5. With the exception of FDR’s EOs in WWII, previous EOs did not provide for the creation of new organizations – the Defense Production Act Committee and the National Defense Executive Reserve (NDER) – which sure sound like the potential for a shadow government.

UPDATE (March 19):

A Democrat lawyer calls Obama’s EO “martial law lite.” Read his analysis here.

~Eowyn

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

The White House

Office of the Press Secretary

For Immediate Release

March 16, 2012

Executive Order — National Defense Resources Preparedness

EXECUTIVE ORDER

NATIONAL DEFENSE RESOURCES PREPAREDNESS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:

PART I  –  PURPOSE, POLICY, AND IMPLEMENTATION

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

Sec. 102Policy.  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.

Sec. 103General 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.

Sec. 104Implementation.  (a)  The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.

(b)  The Secretary of Homeland Security shall:

(1)  advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;

(2)  provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and

(3)  report to the President periodically concerning all program activities conducted pursuant to this order.

(c)  The Defense Production Act Committee, described in section 701 of this order, shall:

(1)  in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and

(2)  prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).

(d)  The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:

(1)  analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and

(2)  perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.

PART II  -  PRIORITIES AND ALLOCATIONS

Sec. 201Priorities and Allocations Authorities.  (a)  The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:

(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.

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

(c)  Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand.  In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order.  Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency.  In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.

(d)  If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.

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

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

(a)  by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;

(b)  by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and

(c)  by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.

Sec. 203Maximizing Domestic Energy Supplies.  The authorities of the President under section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.

Sec. 204Chemical and Biological Warfare.  The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense.  This authority may not be further delegated by the Secretary.

PART III  –  EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

Sec. 301Loan Guarantees.  (a)  To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.

(b)  Each guaranteeing agency is designated and authorized to:  (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.

(c)  Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB).  The guaranteeing agency is authorized, following such consultation, to prescribe:  (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.

Sec. 302Loans.  To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder.  Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.

Sec. 303Additional Authorities.  (a)  To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.

(b)  Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.

Sec. 304Subsidy Payments.  To ensure the supply of raw or nonprocessed materials from high cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.

Sec. 305Determinations and Findings.  (a)  Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A 129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.

(b)  Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order.

Sec. 306Strategic and Critical Materials.  The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials.

Sec. 307Substitutes.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.

Sec. 308Government-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.

Sec. 309Defense Production Act Fund.  The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act.

Sec. 310Critical Items.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.  Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.

Sec. 311Strengthening Domestic Capability.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.

Sec. 312Modernization of Equipment.  The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act.  In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).

PART IV  -  VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

Sec. 401Delegations.  The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order.  The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.

Sec. 402Advisory Committees.  The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.

Sec. 403Regulations.  The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out.  Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).

PART V  -  EMPLOYMENT OF PERSONNEL

Sec. 501National Defense Executive Reserve.  (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.

(b)  The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program.  The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.

(c)  The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.

(d)  The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit.  The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.

(e)  The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.

(f)  Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.

Sec. 502ConsultantsThe 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.

PART VI  -  LABOR REQUIREMENTS

Sec. 601Secretary of Labor.  (a)  The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:

(1)  collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;

(2)  upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;

(3)  upon request from the head of an agency with authority under this order, consult with that agency with respect to:  (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;

(4)  upon request from the head of an agency with authority under this order:  (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and

(5)  develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.

(b)  All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.

PART VII  -  DEFENSE PRODUCTION ACT COMMITTEE

Sec. 701The Defense Production Act Committee.  (a)  The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):

(1)   The Secretary of State;

(2)   The Secretary of the Treasury;

(3)   The Secretary of Defense;

(4)   The Attorney General;

(5)   The Secretary of the Interior;

(6)   The Secretary of Agriculture;

(7)   The Secretary of Commerce;

(8)   The Secretary of Labor;

(9)   The Secretary of Health and Human Services;

(10)  The Secretary of Transportation;

(11)  The Secretary of Energy;

(12)  The Secretary of Homeland Security;

(13)  The Director of National Intelligence;

(14)  The Director of the Central Intelligence Agency;

(15)  The Chair of the Council of Economic Advisers;

(16)  The Administrator of the National Aeronautics and Space Administration; and

(17)  The Administrator of General Services.

(b)  The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role.  The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate.

Sec. 702Offsets.  The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate.  The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.

PART VIII  -  GENERAL PROVISIONS

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

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

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

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

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

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

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

(g)  “Functions” include powers, duties, authority, responsibilities, and discretion.

(h)  “Head of each agency engaged in procurement for the national defense” means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.

(i)  “Health resources” means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.

(j)  “National defense” means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity.  Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.

(k)  “Offsets” means compensation practices required as a condition of purchase in either government to government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.

(l)  “Special priorities assistance” means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.

(m)  “Strategic and critical materials” means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.

(n)  “Water resources” means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except “water resources” does not include usable water that qualifies as “food resources.”

Sec. 802General.  (a)  Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying out the delegated authorities under the Act and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858, as amended.

(b)  The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:

(1)  the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and

(2)  the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate.

(c)  Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section 721 and 722 of the Act, 50 U.S.C. App. 2170 2171, and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153.

Sec. 803Authority.  (a)  Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked.  All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority.  Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.

(b)  Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended, except as provided in section 802 of this order.

(c)  Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended.

Sec. 804General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
March 16, 2012.

48 responses to “Obama issues Executive Order of effective Martial Law (Updated)

  1. This is extremely disturbing…I am usually wary of jumping into the “FEMA camp” mindset…probably because it is so scary & extreme but one simply has to wonder why now, why on a Friday night…..and to what end?
    Especially scary is all the power given to the Sec. of Defense, Leon Panetta who is a Marxist and a Globalist and recently insisted that a group of Marines in Afghanistan gather weaponless…..
    all very creepy…..

  2. In the Mighty Name of Jesus Christ of Nazareth I bind this executive order and it’s intentions here on Earth and according to your word LORD God, I know that it will be bound in Heaven. I know LORD God that you will loose your Warring and Messenger Angels to fight on our behalf and that Your Holy Spirit will be leading and guiding us into All Truth. Even though we may be few we know that when YOU ARE FOR US NONE CAN COME AGAINST US. So we praise your name LORD God, and we worship you in the Beauty of Holiness, YOU ARE LORD OF LORDS AND KING OF KINGS,
    beside you there is NONE OTHER. Amen.

  3. DNC has scheduled the Reichstag Fire with ACORN and SEIU for the Thursday after next.

  4. If there’s anything folk might want to buy/stock-up on, now might be the time… just sayin’. (Better to have and not need than the other way around, you know.)

  5. time to rock-n-roll. Baby Hussein needs to go to Leavenworth.

  6. There is only one possible legitimate reason for this EO. That would be that we are about to enter into a large scale Conventional War with the SCO. http://www.sectsco.org/EN/

    • I agree, Chris. But…

      Read that Executive Order, again. It includes the ominous words “in peace time” and in “non-emergency conditions.” (I’m going back to the Exec Order to color those words neon green)

      B.O. is claiming this comprehensive totalitarian “national defense” authority and power even in peace time and when there’s no national emergency!

  7. Why does this not really surprise me?

    But things are moving quickly now.

  8. He issues executive orders for everything else that Congress won’t give him a bill for.

  9. What I want to know is WHY the US Marines the protectors of the Constitution and the people haven’t LOCKED this ARROGANT BASTARD up for TREASON and HIGH CRIMES against the People, Country and The Constitution? This asshole is doing nothing but setting up a Dictatorship, and the Congress and Senate happen to be part of it! IT needs to come to an abrupt END! Bama is OUT OF CONTROL, he a Soros need to be put in Leavenworth, Kansas, making little rocks out of big rocks till they DIE!Chesty Puller would be ashamed! Semper Fi.

  10. time for a reality snap. Congress and both parties have united as one.think real hard on this. This is where I would have to side with Ron Paul in taking us back to the Constitution. Not sure yet if I can get past his foreign policy and tolerance stance. Also,impeachment of aka obama,would recognize him a legal POTUS,which we all know he is not. I hope and pray our Military wakes up. It does not surprise me Bush also had this in place. This is another area not recognized by many. Bush Sr. is flat out Communist. Bush Jr. was better at masking this. History is about to repeat itself,soon.

  11. Once again I have to ask -

    Just where the Hell are the republicans?

    Bonehead, Can’t-do, and McDummell must go, too, as they are every bit a dangerous as the Destructor-in-Chief.

    -Dave

  12. These preparations are in The Homeland Security Act and are that old…
    Just because a preparation is or has been made, does not mean it will or can be carried out.
    Due to the skinning of the cabal, they are in short supply of finance, material, and personnel.
    As the pressure continues and the take downs start eating into the secondary layer of this onion, those who could will no longer be able.
    Shortly following, the ‘core’ of it all will be dealt with.
    There are a lot of ‘side’ issues that are not much more than distractions from the main target.
    It is only the core that needs attention, not all the bones thrown out in a ‘look at this over here’ routine…
    In order to be effective, I strongly suggest concentrating all efforts towards the real prize, and forget the distractions.
    That is, of course, in case anyone wants to win this extraordinary game of chess…?
    Your move.

    • Drake-I hope and pray you are right,that the evil bankers also (international) are being taken down. They are the core.

    • Blah, blah, blah.

      Until you inform us what are your definitions of the following, nothing you say compels our attention:

      1. “The cabal”: who? what? names?
      2. “secondary layers of this onion”: what are they? For that matter, what are the “primary layers” of what “onion”?
      3. “The core”: what? who?
      4. “side issues”: who decides that these are “side issues”? You?
      5. “the main target”: what’s that? who decides that’s the “main target”? You?

  13. Great find, Steve. Obamacare is an important reason why Skippy wants a new Executive Order. Also, there was no Dept of Homeland Security in the days of those old executive orders.

  14. Steve,wow-this is why Wash Post headline says SCOTUS may save obamacare-guess what? They can all go to –ll!

  15. This smells greatly of EO s that were in a video that was going around kind of underground called the Clinton Chronicles.

  16. This is the prelude to the totalitarian state they are all pining for, and now have update the language and provisions for martial Law – Elections of 2012, Gone. First Amendment, Gone. Second Amendment, Soon to be Gone. Fourth Amendment, Gone. Fifth Amendment, Gone. Sixth Amendment, Gone. Getting the idea? He has appointed himself Czar for Life and the Congress and the SCOTUS have abdicated their Constitutional Authority because they lack the courage and principals for which it stands. There is no difference between these vermin – they are simply too busy using the U.S. Gov’t for their own personal cash cow and believe they all have free license to steal and plunder as much as they wish. How in hell does the most powerful and prosperous nation ever OWE ANYONE $15 TRILLION? Impeachment is a great place to start but it will never happen. The communistsocialistmarxistleninistmaoist America Hating/Destroying SUMBITCH needs to permanently retire to an 8 x 10 furnished living space in the 66048 zip code – Leavenworth Federal Penitentiary, for the next fifty years – with hard labor. Patriots UNITE NOW or we will be doomed to the New World Order of slavery devoid of Liberty and Freedom.

  17. For a long, long time I’ve been very concerned that we have been outsourcing our national security to countries like China. We no longer have the ability to produce ship’s, planes and tanks like we did during WWII. And we now actually depend on China to produce much of the steel and other materials needed to build our planes now.
    So would some of you really prefer that we stay the course when it comes to us not being able to fend for ourselves ? Or is it really that you would prefer that another president ( other than Obama ) make this very, very smart move when it comes to our national security. Not to mention the jobs that would be created by making such a move.

    • SW,

      I’m as against the outsourcing of American jobs as you. But are you seriously telling me that this is the intent behind this new Executive Order (Yeah, Obama really cares about American jobs. Snark) and that Obama’s EO power grab is the ONLY way to reverse the outsourcing? Sheesh. Ever heard of the Faustian bargain?

  18. Steve,I’m thinking there are no politicians that will get us out of this mess,it will take “We The People” to do it.

  19. This isn’t so much about reversing outsourcing Dr. Eowyn as it is repairing or reestablishing our industrial complex. Remember also that this is simply a update and slight revision of of theThe Defense Production Act of 1950.

    • Yeah, right. Put “repairing or reestablishing our industrial complex” in the hands of Janet Napolitano’s Dept of Homeland Security. That’s the way to go. Obama won’t even okay the Keystone Pipeline. You doth drinketh too much of the Kool-aid.

      • edward oleander

        You speak of us drinking kool-aid, when what is really needed is for you (and by you I mean everyone who thinks this will affect our day-to-day lives, let alone the very future of America) to switch to decaf…

        Maybe all this really is, is the needed update of 60+ year old legislation for a changed and modernized world. Maybe it was slipped in on a Friday afternoon to keep you foamers from having strokes over nothing. Maybe the whole “in peacetime” was included so that if we saw trouble looming (like 1938 Germany, or 2012 Iran), we could begin to gear up before actual hostilities broke out. Maybe that gearing up would be enough to head off an actual war. Would Pearl Harbor have happened if we had been ready? Our quiescence invited both Germany and Japan to move ahead with their plans for war. Now take some valium and go to bed…

        • Do you always stick your nose into other people’s affairs? I didn’t speak of the collective “you” drinking kool-aid. I was speaking to a specific person, Sam White. You’re not Sam White.

          As for your maybe this, maybe that.

          Maybe you are deluded. Maybe you are too trusting. Maybe you’ve taken so much Valium you are comatose. Maybe you’ll wake up one morning and discover that your government has taken all your rights away. And maybe, just maybe, if it weren’t for people like us on FOTM who jealously watch over Big Brother-Big Nanny Govt’s daily encroachments on our liberties, maybe you just might have some freedom left to go onto a blog and talk contemptuously and dismissively.

        • Update of legislation? Maybe so. Or maybe Skippy wanted to make sure he had more authority. Whatever the case, I don’t trust him as far as I can throw him. He’s already proven he doesn’t care one iota about our Constitution. He lies as easily as he breaths.

        • Victoria Jean Christine Bingham

          Dear Edward, We were ready for Pearl Harbor. But – like 9/11 when Cheney called our planes to ‘stand down’ – the White House has been using these ‘events’ to bring about a police state in the USA. FDR commandeered the economy during WWII, and ever since 9/11/2001, the White House has been pretending there is a ‘war’ on so that the grapple hooks can sink deeper. Except, unlike 1942. Obama has many more pieces in position to commandeer the private sector and nationalize it. And it is citizens like you, that make it all possible. Because you can’t see the writing on the wall. You are seeing the Third Reich rise again right before your very eyes. Cubans see it. Russian immigrants see it, Bolivian immigrants see it, but a scant few Americans do, for most American citizens are side tracked by sports and entertainment, and have little concern for history in the making, even when it is a blatant ‘redux’.

  20. I really resent that comment Dr. Eowyn. I’ve served my nation proudly in the Navy during 2 wars. And I am not drinking Kool Aid. Please read the Defense Production Act. Then actually read Obama’s executive order.

    As far as the Keystone pipeline goes. I don’t think he should have put a hold on it. But it wouldn’t matter either way if he did or didn’t, Nebraska state law already put a delay on it’s construction. Listen for yourself and do some fact checking. http://www.foxnews.com/on-air/your-world-cavuto/2012/01/19/whos-blame-keystone-pipeline-delay

    • Sam,

      I thank you for your valiant service to our country. In the last analysis, it comes down to the matter of TRUST: Do you actually trust Barry Soetoro with this much power?

      I have only this man’s past associates (communists, terrorists, black racists), murky history, the past three years of what he’s done as POTUS, the many lies he’s told, and above all, the fact that he still keeps concealed the many documents about his past, going back to his kindergarten school records (good grief).

      If you trust this man, despite all that, then I submit that you are very mistaken.

      Furthermore, since it is the considered opinion of some that Obama’s Executive Order (EO) is similar to EOs issued by other Presidents, going as far back as FDR in WWII, if the revitalization of America’s industrial base really is Obama’s objective, he could and would already have done that by invoking those prior EOs. Why the need for a new one? And if America’s wellbeing really is his concern, why has he already saddled our country with more than $15 trillion of national debt that now exceeds our GDP? Talk is cheap, but action speaks louder.

      Lastly, with all due respect to your military service, I don’t see the logical connection between:

      a. Your having served the Navy in 2 wars; and
      b. The advisability of your trust in Obama and the validity of your interpretation of his Executive Order.

      My questioning b is no reflection on a. One can be a patriot and veteran but still be wrong about Skippy. Those are not mutually exclusive categories.

      Peace.

  21. Eowyn,
    I have read your opinion of the EO, and would like to question that isn’t this EO subject to controls placed in Reagan’s EO 12656 of 1988?
    Sec 803 of Obama’s EO still acknowledge Reagan’s Ideals and controls and mainly appears to revoke Bill Clinton’s stupidity and only revoke only sections of Reagan’s.
    Although I do agree with some of the previous concerns given the circle of comrades the president keeps, it does leave one wondering the timing and events that group has in mind.

    • Hi, Cratekicker,

      Sec. 803 (a) of Obama’s new EO states:

      “Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.”

      To compare & contrast Obama’s EO with all previous EOs, including Reagan’s 1988 EO 12656, would require A LOT of time and research — of which I, an unpaid volunteer who work on FOTM every day of the week, don’t have. So, I’ll answer your question with a question and proposal:

      How about if you look into this and find the answer to your question? Please report back to us! Thank you!

  22. If I may, Christine Le Garde has stated many times that emerging markets need to emerge, re-alignment of currencys. Many in the U.S. have invested in foreign currency, I feel that this is a ploy to seize those currency’s and profits “for the good” of the country. I hope I am wrong.

  23. And this during an election year, as well……..

  24. Something stinks here and I too believe it’s a blueprint for Peacetime Martial Law. This will all fall under National Defense. Be aware, very aware.

  25. I hope we have some very loyal military leaders who serve the people, not our communist/Marxist dictator. If this is true, they should place this imposter and his csars in jail with most of Congress. Definitely should room with Harry Reid and Pelosi.

    • Fred, I would like to believe our military troops (not all the leaders) are very loyal…to the US Constitution and American people.

      • Not to say military don’t obey orders or their CIC. Yet if it gets ugly, they’d follow the Constitution. Afterall, their friends and families would be just as exposed to any and all orders. Just my humble opinion.

  26. Order in the chaos? OK! I want smoked ham on Winnipeg Rye, deli mustard, wine sauerkraut, and a Race Rocks Ale, 20 ouncer!

    • The Mild Horseradish mustard, please! That’s purr-feckt! Such a good sandwich maker you are: yum yum yum….

      • Hahahaha!!
        Ok…I want to live in walking distance of the two of you when this situation goes down (walking distance = the same dang house) :) I have a feeling that you both would definitely know how to survive in times like this. Plus, I have a feeling that we will all need a laugh now and then when it does happen and you both make me smile! You 2 are my favs! :)

  27. He i9s a total Jerk and will do this country harm if he is re-elected.
    He has & is already doing this country harm & should be impeached not only for his wrongdoing, but the fact that he was not born in this country. God help our land !!!!!!

  28. I find it “interesting” (read “supremely hypocritical”) that he prefaces this edict with the words: “By the authority vested in me as President by the Constitution …” and then goes on to VIOLATE that very Document!

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