Presidential Emergency Action Documents

Presidential Emergency Action Documents (PEADs) are executive orders, proclamations, and messages to Congress that are prepared in anticipation of a range of emergency scenarios.

https://www.brennancenter.org/our-work/research-reports/presidential-emergency-action-documents

Presidential Emergency Action Documents (PEADs) are executive orders, proclamations, and messages to Congress that are prepared in anticipation of a range of emergency scenarios, so that they are ready to sign and put into effect the moment one of those scenarios comes to pass. First created during the Eisenhower Administration as part of continuity-of-government plans in case of a nuclear attack, PEADs have since been expanded for use in other emergency situations where the normal operation of government is impaired. As one recent government document describes them, they are designed “to implement extraordinary presidential authority in response to extraordinary situations.”

PEADs are classified “secret,” and no PEAD has ever been declassified or leaked. Indeed, it appears that they are not even subject to congressional oversight. Although the law requires the executive branch to report even the most sensitive covert military and intelligence operations to at least some members of Congress, there is no such disclosure requirement for PEADs, and no evidence that the documents have ever been shared with relevant congressional committees.

Although PEADs themselves remain a well-kept secret, over the years a number of unclassified or de-classified documents have become available that discuss PEADs. Through these documents, we know that there were 56 PEADs in effect as of 2018, up from 48 a couple of decades earlier. PEADs undergo periodic revision; although we do not know what PEADs contain today, we know that PEADs in past years—

authorized detention of “alien enemies” and other “dangerous persons” within the United States;

suspended the writ of habeas corpus by presidential order;

provided for various forms of martial law;

issued a general warrant permitting search and seizure of persons and property;

established military areas such as those created during World War II;

suspended production of the Federal Register;

declared a State of War; and

authorized censorship of news reports.

Read more in this 5 part series

https://patelpatriot.substack.com/p/devolution-part-4

>>14229956

Trump's emergency powers worry some senators, legal experts

https://apnews.com/article/donald-trump-ap-top-news-politics-c596e78d503f953fc8acf1eaad1b4dea

The day he declared the COVID-19 pandemic a national emergency, President Donald Trump made a cryptic offhand remark.

“I have the right to do a lot of things that people don’t even know about,” he said at the White House.

Trump wasn’t just crowing. Dozens of statutory authorities become available to any president when national emergencies are declared. They are rarely used, but Trump last month stunned legal experts and others when he claimed — mistakenly — that he has “total” authority over governors in easing COVID-19 guidelines.

That prompted 10 senators to look into how sweeping Trump believes his emergency powers are.

“I worry about other things he might call an emergency,” Geltzer said. “I think around the election itself in November — that’s where there seems to be a lot of potential for mischief with this president.”

The lawmakers made their request just days after Trump made his startling claim on April 13 that he had the authority to force states to reopen for business amid the pandemic.

“When somebody’s the president of the United States, the authority is total,” Trump said, causing a backlash from some governors and legal experts. Trump later tweeted that while some people say it’s the governors, not the president’s decision, “Let it be fully understood that this is incorrect.”

Trump later backtracked on his claim of “total” authority and agreed that states have the upper hand in deciding when to end their lockdowns. But it was just the latest from a president who has been stretching existing statutory authorities “to, if not beyond, their breaking point,” said Stephen Vladeck, a law professor at the University of Texas.

Questions about Trump’s PEADs went unanswered by the Justice Department, National Security Council and the Office of the Director of National Intelligence.

Elizabeth Goitein, co-director of a national security program at the Brennan Center for Justice at New York University School of Law, said PEADs have not been subject to congressional oversight for decades. She estimates that there are 50 to 60 of these documents, which include draft proclamations, executive orders and proposed legislation that could be swiftly introduced to “assert broad presidential authority” in national emergencies.

She said the Eisenhower administration had PEADs outlining how it might respond to a possible Soviet nuclear attack. According to the Brennan Center, PEADs issued up through the 1970s included detention of U.S. citizens suspected of being subversives, warrantless searches and seizures and the imposition of martial law.

“A Department of Justice memorandum from the Lyndon B. Johnson administration discusses a presidential emergency action document that would impose censorship on news sent abroad,” Goitein wrote in an op-ed with lawyer Andrew Boyle published last month in The New York Times.

“The memo notes that while no ‘express statutory authority’ exists for such a measure, ‘it can be argued that these actions would be legal in the aftermath of a devastating nuclear attack based on the president’s constitutional powers to preserve the national security.”’

Goitein said she especially worries about any orders having to do with military deployment, including martial law.

“You can imagine a situation where he (Trump) engineers a crisis that leads to domestic violence, which then becomes a pretext for martial law,” said Goitein, who insists she’s simply playing out worst-case scenarios.

She said she wonders if there is a PEAD outlining steps the president could take to respond to a serious cyberattack. Would the president aggressively interpret telecommunications law and flip an internet kill switch, or restrain domestic internet traffic? she asks.

Bobby Chesney, associate dean at the University of Texas School of Law, said some fears might be exaggerated because while Trump makes off-the-cuff assertions of authority far beyond past presidents, he doesn’t necessarily follow up with action.

Says Chesney: “His actions don’t match the rhetoric always — or even often.”

>>14229956

>>14229971

This article is a long one but the bombshell at the end will blow your mind.

https://patelpatriot.substack.com/p/devolution-part-5

Critical Infrastructure

President Harry Truman created the National Security Council (NSC) in 1947. Since its founding, every president has issued some form of national security directives. National security directives are usually directed only to the NSC and senior executive branch officials and lay out foreign and military policy-making guidance. Bill Clinton’s Presidential directive PDD-63 of May 1998 started including extensive critical infrastructure protection (CIP). PDD-63 mandated the formation of a national strategy for CIP.

In the wake of the September 11th terrorist attacks, numerous changes took place regarding how we define and operate our CIP. The Patriot Act was signed into law on October 26th, 2001 and gave the following definition for critical infrastructure:

see first image

The following year (November 25, 2002), the Homeland Security Act was signed into law creating the United States Department of Homeland Security. In 2003, President George W. Bush signed the Homeland Security Presidential Directive 7 (HSPD-7) which replaced PDD-63 and established the U.S. National Policy for identification of and prioritization of critical infrastructure. HSPD-7 called for The National Infrastructure Protection Plan (NIPP) which aims to unify Critical Infrastructure and Key Resource (CI/KR) protection efforts across the country. The NIPP's goals are to protect critical infrastructure and key resources and ensure resiliency. It was not an actual plan to be carried out in an emergency, but it was useful as a mechanism for developing coordination between government and the private sector.

The NIPP is structured to create partnerships between Government Coordinating Councils (GCC) from the public sector and Sector Coordinating Councils (SCC) from the private sector. I want to again emphasize that the SCCs are from the private sector.

Here is the National Infrastructure Protection Plan (fas.org)

see second and third image

* * *

IfDevolutionis not real, the only way to rectify this election will be through states decertifying their electors, something that has never been done and something I firmly believe will not work. The Biden administration completely disregarded the will of the American people by colluding with China to steal our election, they will obviously do anything they have to in order to stay in power. They will not cooperate with the decertification process and will not give up their grasp on power even if every state decertifies.

Devolutionhas to be real because there is no other way we will ever rid ourselves of the corruption in our government.

THE BEST IS YET TO COME

Look what this Moran is telling people!

Bob Moran @bobscartoons

Staying locked in your home should be OPTIONAL.

Covering your face in public should be OPTIONAL.

Keeping your children off school should be OPTIONAL.

Undergoing medical treatment should be OPTIONAL.

People choosing to opt out should have NO CONSEQUENCES imposed by the state.

4:11 AM · Jul 28, 2021·Twitter Web App