Discuss Trump's EO ONLY.
50 U.S. Code Chapter 34 - NATIONAL EMERGENCIES
https:// www.law.cornell.edu/uscode/text/50/chapter-34
50 U.S. Code Chapter 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
https:// www.law.cornell.edu/uscode/text/50/chapter-35
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2017
https:// www.gpo.gov/fdsys/pkg/PLAW-114publ328/pdf/PLAW-114publ328.pdf
Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption
https:// www.whitehouse.gov/presidential-actions/executive-order-blocking-property-persons-involved-serious-human-rights-abuse-corruption/
https:// www.gpo.gov/fdsys/pkg/PLAW-114publ328/pdf/PLAW-114publ328.pdf
The National Defense Authorization Act is going to be big in this.
AS THE COURT HAS REPEATEDLY EMPHASIZED, THE PRESIDENT'S FOREIGN AFFAIRS POWER NECESSARILY EXISTS INDEPENDENTLY OF CONGRESS.
IT IS THE VERY DELICATE, PLENARY AND EXCLUSIVE POWER OF THE PRESIDENT AS SOLE ORGAN OF THE FEDERAL GOVERNMENT IN THE FIELD OF INTERNATIONAL RELATIONS - A POWER WHICH DOES NOT REQUIRE AS A BASIS FOR ITS EXERCISE AN ACT OF CONGRESS.
POTUS HAS CONSTITUTIONAL AUTHORITY AS COMMANDER IN CHEIF TO DETAIN US CITIZENS WHO ARE ENEMY COMBATANTS.
SIDE BY SIDE COMPARISON
Compare a BO EO to President Trump's EO
BO on left vs PRES TRUMP on right
SIDE BY SIDE COMPARISON 2 OF 3
SIDE BY SIDE COMPARISON 3 OF 3
Q
Executive Order
Congress = “weaken democratic institutions”?
DOJ & FBI = “Degrade the rule of law”?
Soros = “perpetuate violent conflicts”?
clowns & no such =“facilitate the activity of dangerous
persons”?
-
“I hereby declare a national emergency to deal with that
threat”? = enacts acts and powers that require such declaration, such
as 50 U.S.C. 1702 and NEA 1601? Possibly more not mentioned?
-
Global Magnitsky = specifically for Russia? Maybe to seize
Uranium 1 and all things tied to it?
-
Public Law 114-328 = Applies the law of war on the American
soil, citizens and non-citizens alike? Maybe tribunals for citizens?
This is a big one, gives president broad power?
-
INA 8 U.S.C. 1182(f) = expel resident alien & visa holders?
People affiliated inadmissible to USA?
-
U.S.C. 301 title 3 = POTUS can delegate (appoint?) bypassing
Congressional approval?
Congress some resign some jailed,
DOJ & FBI some resign and some jailed
Soros, assets seized and jailed
Clowns and no such, some resign and some jailed.
Magnitzky U1 and corrupt russian assets seized, bad actors jailed.
Many will be expelled and blocked from entry to country.
NDAA might be a way to military justice for bad actors? POTUS
might need to get bad actors off the street. Allows POTUS to jail w/out
reason I’ve heard. POTUS won’t use this because CNN will say he is
Hitler.
301 title 3 when The hammer falls congress, DOJ & FBI could be empty.
How can POTUS replace appointees without congressional approval?
He might use 301 title 3? Or could he delegate special investigators?
The EO holds the roadmap for how its going to go down?