-Caveat Lector-

For the non Americans on the list, would someone be able to explain the
legal status of Presidential Executive Orders and whether the Supreme Court
has commented on their potential validity.

Regards


At 07:14  4/08/99 EDT, you wrote:
> -Caveat Lector-
>
>from http://www.heartsongs.org/FEMA.htm
>
>
>     FEMA: THE SECRET GOVERNMENT
>     by
>     Harry V. Martin, with research assistance from David Caul
>
>
>     Some people have referred to it as the "secret government"
>of the United States.  It is not an elected body; it does not
>involve itself in public disclosures; and it even has a
>quasi-secret budget in the billions of dollars.
>     This government organization has more power than the
>President of the United States or the Congress.  It has the power
>to suspend laws, move entire populations, arrest and detain
>citizens without a warrant and hold them without trial.  It can
>seize property, food supplies, transportation systems, and can
>suspend the Constitution.
>     Not only is it the most powerful entity in the United
>States, but it was not even created under Constitutional law by
>the Congress.  It was a product of a Presidential Executive
>Order.
>     No, it is not the U.S. military nor the Central
>Intelligence Agency; they are subject to Congress.  The
>organization is called FEMA, which stands for the Federal
>Emrgency Management Agency.
>     Originally conceived in the Nixon Administration, it was
>refined by President Jimmy Carter and given teeth in the Ronald
>Reagan and George Bush Administrations.
>     FEMA had one original concept when it was created -- to
>assure the survivability of the United States government in the
>event of a nuclear attack on this nation.  It was also provided
>with the task of being a federal coordinating body during times
>of domestic disasters, such as earthquakes, floods and
>hurricanes.
>     Its awesome powers grew under the tutelage of people like
>Lt. Col. Oliver North and General Richard Secord, the architects
>on the Iran-Contra scandal and the looting of America's savings
>and loan institutions.  FEMA has even been given control of the
>State Defense Forces, a rag-tag, often considered neo-Nazi,
>civilian army that will substitute for the National Guard, if the
>Guard is called to duty overseas.
>     Though it may be the most powerful organization in the
>United States, many people don't know it even exists.  But it has
>crept into our private lives.  Even mortgage papers contain
>FEMA's name in small print if the property in question is near a
>flood plain.
>     FEMA was deeply involved in the Los Angeles riots and the
>1989 Loma Prieta earthquake in the San Francisco Bay Area.
>     Some of the black helicopter traffic reported throughout the
>United States, but mainly in the West (California, Washington,
>Arizona, New Mexico, Texas and Colorado), are flown by FEMA
>personnel.
>     FEMA has been given responsibility for many new disasters
>including urban forest fires, home heating emergencies, refugee
>situations, urban riots, and emergency planning for nuclear and
>toxic incidents.  In the West, it works in conjunction with the
>Sixth Army.
>     FEMA was created in a series of Executive Orders.  A
>Presidential Executive Order, whether Constitutional or not,
>becomes law simply by its publication in the Federal Registry.
>Congress is bypassed.
>     Executive Order Number 12148 created the Federal Emergency
>Management Agency that is to interface with the Department of
>Defense for civil defense planning and funding.  An "emergency
>czar" was appointed.
>     FEMA has only spent about 6 percent of its budget on
>national emergencies.  The bulk of their funding has been used
>for the construction of secret underground facilities to assure
>continuity of government in case of a major emergency, foreign or
>domestic.
>     Executive Order Number 12656 appointed the National
>Security Council as the principal body to consider emergency
>powers.  This allows the government to increase domestic
>intelligence and surveillance of U.S. citizens and would restrict
>the freedom of movement within the United States and grant the
>government the right to isolate large groups of civilians.  The
>National Guard could be federalized to seal all borders and take
>control of U.S. air space and all ports of entry.
>    The Federal Emergency Management Agency has broad powers in
>every aspect of the nation. General Frank Salzedo, chief of
>FEMA's Civil Security Division, stated in a 1983 conference that
>he saw FEMA's role as a "new frontier in the protection of
>individual and governmental leaders from assassination, and of
>civil and military installations from sabotage and/or attack, as
>well as prevention of dissident groups from gaining access to
>U.S. opinion, or a global audience in times of crisis."
>    FEMA's powers were consolidated by President Carter to
>incorporate: The National Security Act of 1947, which allows for
>the strategic relocation of industries, services, government and
>other essential economic activities, and to rationalize the
>requirements for manpower, resources and production facilities;
>the 1950 Defense Production Act, which gives the President
>sweeping powers over all aspects of the economy; the Act of
>August 29, 1916, which authorizes the Secretary of the Army, in
>time of war, to take possession of any transportation system for
>transporting troops, material, or any other purpose related to
>the emergency; and the International Emergency Economic Powers
>Act, which enables the President to seize the property of a
>foreign country or national.
>     These powers were transferred to FEMA in a sweeping
>consolidation in 1979.  Hurricane Andrew focused attention on
>FEMA.  FEMA's deceptive role really did not come to light with
>much of the public until Hurricane Andrew smashed into the U.S.
>mainland.
>     What came out of the critical look was that FEMA was
>spending 12 times more for "black operations" than for disaster
>relief.  It spent $1.3 billion building secret bunkers throughout
>the United States in anticipation of government disruption by
>foreign or domestic upheaval.
>     Yet fewer than 20 members of Congress, only members with top
>security clearance, know of the $1.3 billion expenditure by FEMA
>for non-natural disaster situations.  These few Congressional
>leaders state that FEMA has a  "black curtain" around its
>operations.
>     FEMA has developed 300 sophisticated mobile units that are
>capable of sustaining themselves for a month.  The vehicles are
>located in five areas of the United States.  They have tremendous
>communication systems and each contains a generator that would
>provide power to 120 homes each -- but they have never been used
>for disaster relief.
>     FEMA's enormous powers can be triggered easily.  In any form
>of domestic or foreign problem, perceived and not always actual,
>emergency powers can be enacted.  The President of the United
>States now has broader powers to declare Martial Law, which
>activities FEMA's extraordinary powers.
>     Martial law can be declared during time of increased
>tension overseas, economic problems within the United States,
>such as a depression, civil unrest, such as demonstrations or
>scenes like the Los Angeles riots, and in a drug crisis.
>     These Presidential powers have increased with successive
>Crime Bills, particularly the 1991 and 1993 Crime Bills, which
>increase the power to suspend the rights guaranteed under the
>Constitution and to seize property of those suspected of being
>drug dealers, to individuals who participate in a public protest
>or demonstration.
>     Under emergency plans already in existence, the power exists
>to suspend the Constitution and turn over the reigns of
>government to FEMA and appointing military commanders to run
>state and local governments.  FEMA then would have the right to
>order the detention of anyone whom there is reasonable ground to
>believe will engage in, or probably conspire with others to
>engage in acts of espionage or sabotage.
>     The plan also authorized the establishment of concentration
>camps for detaining persons, without benefit of habeas corpus.
>     Three times since 1984, FEMA stood on the threshold of
>taking control of the nation.  Once under President Reagan in
>1984, and twice under President Bush in 1990 and 1992.  But under
>those three scenarios, there was not a sufficient crisis to
>warrant risking Martial Law.  Most experts on the subject of FEMA
>and Martial Law insisted that a crisis has to appear dangerous
>enough for the people of the United States before they would
>tolerate or accept complete government takeover.
>     The typical crisis needed would be threat of imminent
>nuclear war, rioting in several U.S. cites simultaneously, a
>series of national disasters that affect widespread danger to the
>populace, massive terrorist attacks, a depression in which tens
>of millions are unemployed and without financial resources, or a
>major environmental disaster.
>     Three times FEMA has stood by ready for emergency.
>     In April 1984, President Reagan signed Presidential
>Directive Number 54 that allowed FEMA to engage in a secret
>national "readiness exercise" under the code name of REX 84.
>The exercise was to test FEMA's readiness to assume military
>authority in the event of a "State of Domestic National
>Emergency" concurrent with the launching of a direct United
>States military operation in Central America.
>     The plan called for the deputation of U.S. military and
>National Guard units so that they could take into custody an
>estimated 400,000 undocumented Central American immigrants in the
>United States who would be interned at 10 detention centers set
>up at military bases throughout the country.
>     The plan called for the suspension of the Constitution,
>turning control of the government over to FEMA, appointment of
>military commanders to run state and local governments and the
>declaration of Martial Law.
>     The plan also advocated the rounding up and transfer to
>"assembly centers or relocation camps" of a least 1 million
>American Blacks in the event of massive rioting or disorder, not
>unlike the rounding up of the Jews in Nazi Germany in the 1930s.
>     The second known time that FEMA stood by was in 1990 when
>Desert Storm was enacted.  Before President Bush's invasion of
>Iraq, FEMA began to draft new legislation to set up operations
>within any state or locality without prior permission of local or
>state authorities.  Much of the mechanism being set into place
>was in anticipation of the economic collapse of the West.
>     The third scenario for FEMA came with the Los Angeles riots
>after the Rodney King brutality verdict.  Had the rioting spread
>to other cities, FEMA would have been empowered to step in.  As
>it was, major rioting only occurred in the Los Angeles area.
>     The crux of the problem is that FEMA has the power to turn
>the United States into a police state in time of a real or
>MANUFACTURED crisis.
>     Intelligence reports indicate that FEMA has a folder with 22
>Executive Orders for the President to sign in case of an
>emergency.  The crisis, as the government now sees it, is civil
>unrest.
>     For generations, the government was concerned with nuclear
>war, but the violent and disruptive demonstrations that
>surrounded the Vietnan War era prompted President Nixon to change
>the direction of emergency powers from wartime to times of
>domestic unrest.
>     Diana Raynolds, program director of the Edward R. Murrow
>Center, summed up the danger of FEMA today and the public
>reaction to Martial Law in a drug crisis:
>     "It was James Madison's worst nightmare that a 'righteous'
>faction would someday be strong enough to sweep away the
>Constitutional restraints designed by the framers to prevent the
>tyranny of centralized power, excessive privilege, an arbitrary
>governmental authority over the individual.  These restraints,
>the balancing and checking of powers among branches and layers of
>government, and the civil guarantees, would be the first
>casualties in a drug-induced national security state with
>Reagan's Civil Emergency Preparedness unleashed.  Nevertheless,
>there would be those who would welcome NSC (National Security
>Council) into the drug fray, believing that increasing state
>police powers to emergency levels is the only way left to fight
>America's 'enemy within.'
>     "In the short run, a national security state would probably
>be a relief to those whose personal security and quality of life
>has been diminished by drugs or drug related crime.  And, as the
>general public watches the progression of institutional chaos and
>social decay, they too may be willing to pay the ultimate price,
>a 'drug free' America at the cost of 200 years of democracy."
>     The first targets in any FEMA emergency would be Hispanics
>and Blacks; the FEMA orders call for them to be rounded up and
>detained.  Tax protesters, demonstrators against government
>military intervention outside U.S. borders, and people who
>maintain weapons in their homes are also targets.
>     "Operation Trojan Horse" is a [FEMA] program designed to
>learn the identity of potential opponents to Martial Law.  The
>program lures potential protesters into public forums, conducted
>by a "champion" of the people who advocates survival training.
>The list of names gathered at such meetings and rallies are
>computerized and would be targeted in case of an emergency.
>    The most shining example of America to the world has been its
>peaceful transition of government from on administration to
>another.  Despite crises of great magnitude, the United States
>has maintained its freedom and liberty.  This nation now stands
>on the threshold of rule by non-elected people asserting
>non-Constitutional powers.  Even Congress cannot review a Martial
>Law action until six months after it has been declared.
>     For the first time in American history, the reins of
>government would not be transferred from one elected element to
>another, and the Constitution itself could be suspended.
>     The scenarios established to trigger FEMA into action are
>generally found in the society today, economic collapse, civil
>unrest, drug problems, terrorist attacks, and protests against
>American intervention in a foreign country.
>     All these premises already exist in potential.  It is only a
>matter of time before one of these triggers the full emergency
>necessary to bring FEMA into action, and then it will be too late
>-- because under the FEMA plan, there is no contingency by which
>Constitutional power can be RESTORED.
>
>
>Copyright (c) 1995 FreeAmerica and Harry V. Martin
>
>
>     Clinton's Executive Order 12919 (The Idaho Observer, May,
>1997) gives the president the power to declare an emergency which
>instantly gives FEMA the authority to take control of the things
>listed in this article.  EO 12919 is just one more clue that
>should tell Americans what 'our' federal government has in store
>for all of us.
>     Here are a few EXECUTIVE ORDERS associated with FEMA that
>would suspend the Constitution and the Bill of Rights.  These
>Executive Orders have been on record for nearly 30 years and
>could be enacted by the stroke of a presidential pen:
>
>     #10990 allows the federal government to take over all modes
>of transportation and control of highways and seaports.
>      #10995 allows the federal government to seize and control
>the communication media.
>     #10997 allows the federal government to take over all
>electrical power, gas, petroleum, fuels and minerals, public and
>private.
>     #10998 allows the federal government to take over all food
>supplies and resources, public and private, including farms and
>equipment.
>     #11000 allows the federal government to mobilize American
>civilians into work brigades under military supervision; allows
>it to split up families if they believe it necessary.
>     #11001 allows the federal government to take over all
>health, education and welfare functions and facilities, both
>public and private.
>     #11002 designates the Postmaster General to operate a
>national registration of all persons: men, women and children,
>for federal government service.
>     #11003 allows the federal government to take over all
>airports and aircraft, including commercial aircraft.
>     #11004 allows the Housing and Finance Authority to
>relocate communities, build new housing with public funds,
>designate areas to be abandoned as "unsafe," and establish new
>locations for populations.
>     #11005 allows the federal government to take over railroads,
>inland waterways and storage facilities, public and private.
>     #11051 specifies the responsibility of the Office of
>Emergency Planning and gives authorization to put all EOs into
>effect in times of increased international tensions and economic
>or financial crisis.
>     #11310 grants authority to the Department of Justice to
>enforce the plans set out in EOs, to institute industrial
>support, to establish judicial and legislative liaison, to
>control all aliens, to operate penal and correctional
>institutions, and to advise and assist the President.
>     #11049 assigns emergency preparedness function to federal
>departments and agencies, consolidating 21 operative EOs issued
>over a fifteen year period.
>     #11921 allows the Federal Emergency Preparedness Agency to
>develop plans to establish control over the mechanisms of
>production and distribution, of energy sources, wages, salaries,
>credit and the flow of money in U.S. financial institution in any
>undefined national emergency.
>     It also provides that WHEN A STATE OF EMERGENCY IS DECLARED
>BY THE PRESIDENT, CONGRESS CANNOT EVEN QUESTION OR REVIEW THE
>ACTION UNTIL AFTER A SIX MONTH PERIOD.
>
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DECLARATION & DISCLAIMER
==========
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance�not soapboxing!  These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically  by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
========================================================================
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