Time: Fri Oct 17 21:30:44 1997
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Date: Fri, 17 Oct 1997 21:27:36 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: EXECUTIVE ORDERS: Bonfire for the Constitution (Part II)

>From: "Chris W. Stark - GOA Texas Rep." <gunowner@OnRamp.NET>
>Organization: Gun Owners of America -Texas Representative
>To: "GOA Texas Pro-Gun Activists"[e-mail_subscribers]@mailhost.onramp.net
>Date: Thu, 16 Oct 1997 22:22:48 +0000
>Subject: EXECUTIVE ORDERS: Bonfire for the Constitution (Part II)
>                          EXECUTIVE ORDERS: 
>                Bonfire for the Constitution (Part II)
>                          The Velvet Hammer
>    In the event of a national emergency declared by the President of
>the United States, the Federal Emergency Management Agency (FEMA), 
>would be invested with the power to suspend the U.S. Constitution and 
>is positioned to take control of the United States government and its 
>citizens. As discussed in Part I of this report, the authorityof 
>eleven preceding Presidential Executive Orders (1939 through 1991) 
>has been consolidated into Order #12919. This concentration of 
>executive authority invests FEMA with absolute power over:
>          All United States communications facilities (EO 10995)
>          Electrical power, petroleum, gas, fuels and minerals, public
>          and private (10997) Food supplies, agricultural lands and
>          facilities (10998) Transportation of any kind, including
>          private, and control of seaports, waterways and highways
>          (10999) Civilian labor forces without regard to financial
>          remuneration as authorized under the "DEFENSE PRODUCTION ACT
>          OF 1950" (11000) Health, education and welfare institutions
>          (11001) All airport and air transportation, public, private
>          and commercial (11003) Railroads, inland waterways, and
>          public storage facilities (11005) 
>    Additionally, FEMA, under Executive Order #11002, can order the
>postmaster general to begin a national registration of all residents 
>of the United States for purposes of control of population movement 
>and relocation.
>    All of the aforementioned powers can be invoked with the stroke of
>a presidential pen and are free of congressional restrictions or 
>intervention for a period of six months. The practical expression of 
>these powers can be the equivalent of a sentence without trial or 
>jury with no recourse to appeal for at least a half a year. Manylegal 
>and paralegal analysts have seen, in the powers delegated to FEMA 
>during any declared national emergency, the authority to forcibly 
>relocate entire families into federal work camps, even as to the 
>dividing of families and of children from parents.
>    FEMA was created by President Carter under Executive Order #12148.
>Its legal authorization is Title 2, United States Code 5121 called 
>the "Stafford Act." Within the text of that piece of "legislation" in 
>Subchapter IV, section (B) is contained the wording:
>     "Measures to be undertaken during a hazard (including the
>     enforcement of passive defense regulations prescribed by duly
>     established military or civil authorities, the evacuation of
>     personnel to shelter areas, the control of traffic and panic, and
>     the control and use of lighting and civil
>     communications)."emphasis supplied
>    In a telephone interview with FEMA attorneys, The Winds asked the
>    legal definition of "passive
>defense regulations" as "prescribed by duly established military or
>civil authorities." Even FEMA's Counsel General, Michael Hirsh, was
>unable to give us any definition of those terms. The ambiguity of that
>wording veiled its meaning from even the highest ranking lawyer in the
>                       KEEPING THE LAWS UNCLEAR
>    In the principle document by which the New World Order is
>implemented, the ambiguity of legal terms is set forth as a necessary 
>quality by which any interpretation desired may be secured. In the 
>nebulous breadth of those ambiguities lies the latitude of 
>interpretation to make laws and regulations say whatever those in 
>authority want them to say. Concerning those laws they claim that 
>     "...have twisted their interpretations so as to make them
>     contradict each other. We have succeeded in erecting great and
>     magnificent results by perverting the laws. The first result was
>     that the interpretations of the laws actually masked their true
>     intent. Afterwards, those laws were entirely hid from eyes of the
>     governments because it became impossible to make anything out of
>     the tangled web of legislation."emphasis supplied
>    The Winds also asked FEMA's public relations office the primary
>reasons for the forced evacuation of residents during the recent 
>flooding in North Dakota and the orders (not requests) for some 
>residents to remain in their homes following the recent hurricanes in 
>the southeast. FEMA's response, strangely, did not indicate concern 
>for the safety and well-being of the citizens involved, as one might 
>expect of an agency tasked with the oversight of America's domestic 
>security in time of disaster. Rather, their reasonsfor violating the 
>constitutional rights of those citizens was a hedge against being 
>sued by them or their survivors if they were injured or killed as a 
>result of not being evacuated. Money, not lives, was their expressed 
>justification for removing owners from their homes, in one instance, 
>and commanding them not to leave them, in another.
>    Executive Order #11051 assigns responsibility of the Office of
>Emergency Planning (later to become FEMA), and authorizes all 
>Executive Orders into effect in times of increased international 
>tensions and economic or financial crisis or national 
>emergency.emphasis supplied
>    Again, the vagueness of the wording leaves wide the door of
>interpretation. As to what constitutes an "emergency" the Stafford 
>Act defines it as thus:
>     "Emergency--'Emergency' means any occasion or instance for which,
>     in the determination of the President, Federal assistance is
>     needed to supplement State and local efforts and capabilities to
>     save lives and to protect property and public health and safety,
>     or to lessen or avert the threat of a catastrophe in any part of
>     the United States."emphasis supplied
>    Former Chief of FEMA's Civil Security Division, General Frank
>Salzedo, once stated that his interpretation of FEMA's role is, among 
>other things, "prevention of dissident groups from gaining access to 
>U.S. opinion, or a global audience in times of crisis." The 
>Constitution, on the other hand, states:
>     "Congress shall make no law abridging the freedom of speech, or
>     of the press; or the right of the people peaceably to assemble,
>     and to petition the government for a redress of grievances."
>    The question arises as to how General Salzedo's statement could
>survive being filtered through the First Amendment. What he said 
>amounts to "government-speak" for the potential of creating an 
>American Tienanmen Square. One of the Executive Orders gathered into 
>Clinton's EO #12919 was an Order signed by President Nixon known as 
>the "Omnibus Emergency Preparedness Decree". Howard J. Ruff, 
>economist and publisher of The Ruff Times says "Since the enactment 
>of [that] Order, the only thing standing between us and dictatorship 
>is the good character of the President, and the lack of a crisis 
>severe enough that the public would stand still for it." The former 
>slave and Civil War activist, Fredrick Douglas, once said that the 
>limits of a tyrant's power are set by the willingness of the people 
>to tolerate him.
>    During activation of these Executive Orders, FEMA answers only to
>the National Security Council which answers only to the President, 
>and, as mentioned previously, once these powers are invoked even 
>Congress cannot intervene or countermand them for six months.
>                    GUN MOUNTED OVER THE MANTLE
>    The command and control structure for the oversight and
>administration of these extra-constitutional powers (the teeth to 
>execute and enforce the above orders) is already in place. FEMA is 
>the administrating agency for several top secretfacilities. The most 
>notable is burrowed deep into the bedrock beneath Mount Weather near 
>Berryville, Virginia. Also known as the Western Virginia office of 
>Controlled Conflict Operations, this underground command post was 
>originally constructed for the purpose of housing top officials of 
>the U.S. government during a national emergency such as imminent 
>nuclear war. It is still contained within the "black" budget that 
>does not appear in FEMA's published budgetary documents. Mt. Weather, 
>along with other such secret installations as the one beneath a 
>luxury resort in West Virginia called Greenbrier, officially does not 
>    Wallace Stickney, former FEMA director under George Bush, recalled
>that even the members of Congress approaching his agency to question 
>some budget expenditures were not allowed accessto the knowledge of 
>where the money was directed--and they were the ones responsible for 
>budgetary oversight. Even more astonishing is the fact that Stickney 
>himself was denied such access. He said, "I was aware funding was 
>being passed through but didn't know where it was going--nor did 
>Congress, which demanded to know. Normally, as I understood it, 
>nobody questioned the arithmetic."
>    If a nuclear attack occurred during Stickney's tenure in office,
>he was not to be included among those privileged to partake in the 
>safety of the underground complex. He would have been required 
>toremain at his post and, in the parlance of the nuclear disaster 
>planners, be cindered. That insecurity for FEMA's current director, 
>James Lee Witt, ended when President Clinton conferred cabinet status 
>on him in February of 1996.
>    There is within government a quasi-legal concept called the "Rule
>of Necessity". Simply put, this doctrine says that whatever is 
>necessary to preserve the nation against its foes, whether external 
>or internal, will be done--apparently without regard to any violence 
>done to the Constitution. It is to addressthe Rule of Necessity that 
>Executive Orders are created. EOs did not have their beginnings in 
>the desires of American presidents to transform the executive office 
>into a de facto dictatorship. The first Presidential Executive Order 
>was issued by George Washington in 1789, but no numbering system or 
>uniformity was applied until 1907 when the Department of State 
>retroactively designated an EO issued by Abraham Lincoln in 1862 as 
>Executive Order 1.
>    What has become of this executive privilege since the Civil War
>has been rather like an insidiously introduced, systemic infection 
>aimed at the total debilitation of the U.S. Constitution.. As to 
>whether these extreme powers of the Executive Branch will actually be 
>implemented--there is an old saying in the theatre that if there is a 
>gun mounted over the fireplace mantle in the first act, it will be 
>used before the end of the final act. It ain't hangin' up there for 
>                       Copyright c 1997, The WINDS.
>                           ALL RIGHTS RESERVED.
>                         http://www.TheWinds.org

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
             Tucson, Arizona state   : state zone,  not the federal zone 07
             Postal Zone 85719/tdc   : USPS delays first class  w/o this 08
_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
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