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Old 12-23-2009, 21:39   #16
Paslode
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Does the US have any agencies (maybe DSS or CIA) that are allowed these same privileges outside the US? And/Or is our privilege limited to matters in which a US Citizen is involved?
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Old 12-24-2009, 10:47   #17
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Gawd - more hyperbolic BS than a feedlot full of recyclable fertilizer.

Does anybody know how to read anymore - or does everyone just take whatever is posted on the WWW as e-gospel fact to energize their emotionally charged, conclusion jumping exercise programs.

BHOs ExOrd merely shortened the redundancy of the pervious ExOrd and left the following (which pretty much sums up the rest of the relevant sections) in place:

Title 1 - Section 2 (d) Insofar as concerns customs duties and internal-revenue taxes imposed upon or by reason of importation, and the procedures in connection therewith; the registration of foreign agents; and the treatment of official communications, the privileges, exemptions, and immunities to which international organizations shall be entitled shall be those accorded under similar circmstances to foreign governments.

If anybody wants to read the original Act under discussion as revisited by Congress HR 4489 dtd 29 Dec 1945 because of the necessity related to the recognition of new NGOs (such as the UN) and which is the Act actually being cited in the ExOrds - it can be found at:

http://www.scribd.com/doc/24429759/U...s-Act-of-1945#

MOO - it would be better to put the e-megaphones away, take a chill pill, and save the misplaced outrage for some of the REAL issues we're facing out there.

Richard's jaded $.02
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Old 12-24-2009, 12:27   #18
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Gawd - more hyperbolic BS than a feedlot full of recyclable fertilizer.
A little hyperbole goes a long way towards inducing apoplectic fits in some liberals.
(YOU CAN"T SAY THAT!!!)
Great fun.
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Old 12-24-2009, 12:39   #19
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http://corner.nationalreview.com/post/?q=MGY3MTI4YTRjZmYwMGU1ZjZhOGJmNmQ0NmJiZDNmMDY=
[/URL]


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Wednesday, December 23, 2009

Why Does Interpol Need Immunity from American Law? [Andy McCarthy]

You just can't make up how brazen this crowd is. One week ago, President Obama quietly signed an executive order that makes an international police force immune from the restraints of American law.

Interpol is the shorthand for the International Criminal Police Organization. It was established in 1923 and operates in about 188 countries. By executive order 12425, issued in 1983, President Reagan recognized Interpol as an international organization and gave it some of the privileges and immunities customarily extended to foreign diplomats. Interpol, however, is also an active law-enforcement agency, so critical privileges and immunities (set forth in Section 2(c) of the International Organizations Immunities Act) were withheld. Specifically, Interpol's property and assets remained subject to search and seizure, and its archived records remained subject to public scrutiny under provisions like the Freedom of Information Act. Being constrained by the Fourth Amendment, FOIA, and other limitations of the Constitution and federal law that protect the liberty and privacy of Americans is what prevents law-enforcement and its controlling government authority from becoming tyrannical.

On Wednesday, however, for no apparent reason, President Obama issued an executive order removing the Reagan limitations. That is, Interpol's property and assets are no longer subject to search and confiscation, and its archives are now considered inviolable. This international police force (whose U.S. headquarters is in the Justice Department in Washington) will be unrestrained by the U.S. Constitution and American law while it operates in the United States and affects both Americans and American interests outside the United States.

Interpol works closely with international tribunals (such as the International Criminal Court — which the United States has refused to join because of its sovereignty surrendering provisions, though top Obama officials want us in it). It also works closely with foreign courts and law-enforcement authorities (such as those in Europe that are investigating former Bush administration officials for purported war crimes — i.e., for actions taken in America's defense).

Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?

Steve Schippert has more at ThreatsWatch, http://threatswatch.org/analysis/2009/12/print/wither_sovereignty/

Time for food, frolic and a Merry Christmas!
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Old 12-24-2009, 12:53   #20
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[/URL]

Time for food, frolic and a Merry Christmas!
Updating the second link:
http://threatswatch.org/analysis/200...r_sovereignty/
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Old 12-24-2009, 14:34   #21
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Wait a tick.

Why would an international crime fighting organization NEED "diplomatic immunity" in the United States anyway? Furthermore, why would they NEED their own passports without entry visas? What are they hiding? If they're cops, they shouldn't be breaking US law then right? Why would they conduct unilateral crime fighting operations in the US?

A point of order: not everyone assigned to a US diplomatic post overseas has diplomatic immunity. You'd be surprised how FEW Americans actually have immunity at an Embassy or Consulate. A US dip PP does NOT equal immunity.
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Old 01-09-2010, 08:46   #22
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From the NRA.

http://www.nraila.org/Legislation/Fe...d.aspx?id=5284

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Friday, January 08, 2010


Over the past year, we have reported several times on the abundance of rumors being circulated regarding firearm issues. Among other things, we've heard phony tales circulating about such things as guns being banned for the elderly, ammunition with expiration dates, a requirement that guns be listed on tax returns, and a prohibition on gun and ammunition imports. The latest scuttlebutt has to do with a recent Executive Order by President Obama concerning the International Criminal Police Organization (INTERPOL).

Some have argued that the order would make INTERPOL and its officials immune from civil suit or criminal prosecution, and that it would therefore allow INTERPOL personnel to seize firearms, kidnap Americans, and otherwise violate U.S. citizens' rights. Our legal staff has reviewed this order and does not believe it poses any of these threats.

President Obama's order amends a 1983 order by President Reagan, in which the U.S. recognized INTERPOL as an international organization that is entitled to certain legal immunities under the International Organizations Immunities Act (IOIA).

One of those immunities is immunity from civil lawsuits. Under the doctrine of "sovereign immunity," foreign governments generally can't be sued, and the IOIA extended that protection to international organizations. This has been applied to block suits against the United Nations, Organization of American States, and other international bodies.

This means that articles on the recent order are incorrect in claiming that the order made INTERPOL immune from civil suits; INTERPOL was already immune.

Some have also suggested that under the order, INTERPOL agents would receive diplomatic immunity, so they could violate Americans' rights without fear of criminal prosecution. There are several misconceptions here.

First, diplomatic immunity only protects diplomats, and the IOIA specifically says it does not confer diplomatic immunity on international organization employees.

Second, while the IOIA does provide a limited type of immunity for international organization employees, this is only immunity "relating to acts performed by them in their official capacity." U.S. courts have interpreted this narrowly. In one case, a court found that a U.N. employee was not immune to a local speeding ticket even though he was actually driving the Secretary General of the U.N. to an official conference. In other cases, courts have found that employees of international organizations can be prosecuted for espionage, because espionage is not among their official duties.

Law enforcement officers working with INTERPOL are detailed from agencies in various countries, such as the FBI or the Royal Canadian Mounted Police. They have no power of arrest outside their own countries. Therefore, a seizure of an American (or of an Americans' firearms) would likely not fall within the official duties for which INTERPOL officials would be immune from prosecution.
Now don't take any of this to mean that we underestimate our anti-gun opponents, or that we don't believe they would happily and readily seize the opportunity to adopt and enforce measures that would limit our freedom. We know full well that they would. Rather, our message is this: Rumors abound, so don't believe everything you read. If it's a legitimate concern, rest assured your NRA-ILA will promptly address it and will give you the straight story.
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Old 01-12-2010, 23:28   #23
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INTERPOL’s constitution prohibits ‘any intervention or activities of a political, military, religious or racial character.’ But they are also the worlds largest Policing organization; so why should they receive diplomatic type immunities from our LE organizations and FOIA?

Particularly:
Quote:
Sec. 2.(c) Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable.

Sec. 3.
Pursuant to regulations prescribed by the Commissioner of Customs with the approval of the Secretary of the Treasury, the baggage and effects of alien officers and employees of international organizations, or of aliens designated by foreign governments to serve as their representatives in or to such organizations, or of the families, suites, and servants of such officers, employees, or representatives shall be admitted (when imported in connection with the arrival of the owner) free of customs duties and free of internal-revenue taxes imposed upon or by reason of importation.
Link
Ronald Noble, who became Secretary General of Interpol after serving as Undersecretary for Enforcement of the Treasury, said in his 9/20/05 re-election acceptance speech:
Quote:
For INTERPOL, the 11th of September was a moment of reckoning. It was the time for us to decide what kind of international police organization we wanted INTERPOL to be.

Although INTERPOL had been created over 80 years ago by police chiefs to provide operational police support internationally, something had happened to INTERPOL over the years. INTERPOL had become so slow, so unresponsive that in many police circles around the world INTERPOL was considered irrelevant to their day-to-day needs.

But, it was on September 11th, 2001 that INTERPOL went operational and that we committed ourselves to working 24 hours a day, seven days a week, 365 days a year to support our NCBs and police services. And it was on that day that we first began reaching out to you in times of crisis, rather than waiting for you to ask for help.

One can say that INTERPOL was reborn on the 11th of September 2001.

On that day, our INTERPOL staff let it be known around the world that INTERPOL was and could be relevant to provide significant and real-time operational police support in times of crisis. We did not wait to hire new paid staff or to get additional resources. Our staff just did what had to be done, and they and their families made the necessary sacrifices. On that day, I promised that the lights would never again be turned out at INTERPOL, and they have not been.

Since then, our NCBs and member countries’ police forces have seen a rejuvenated INTERPOL. When a terrorist attack, significant criminal event or national or international disaster occurs, INTERPOL is not only one of the first organizations to offer our police partners assistance, but we are one of the first to deliver on those offers and one of the few prepared to remain with you until the job is done.

We have also, I’m proud to say, further developed our relationship with the United Nations, as you heard yesterday. Link
Article on the topic:
Quote:
President Obama’s amending of a Reagan Executive Order doesn’t mean the end of the world.
By Seth Richardson

Conspiracy theorists are all atwitter (literally) over Executive Order 13524, issued by President Obama on December 16. Among the some 40,000 Google hits ranting about the end of our government and Constitution, Examiner.com blogger Franke Schein, whose bio says that he “is a published writer, and well traveled adventurer with a street level perspective of life within the cosmic wilderness called America,” claims that,

“Executive Order #12425 allows INTERPOL the absolute authority to investigate, charge, and imprison, and extradite Americans—without having to adhere to the same constitutional laws that American law enforcement agencies are required to abide by. Additionally, the International Criminal Police Organization is authorized to conduct covert surveillance and investigations on American soil—with full immunities from US law. Laws such as the Freedom of Information Act, Congressional oversight, Constitutional protections, and without oversight from the FBI who is charged with the responsibility of internal national Security.”

This, of course, is utter nonsense and Schein doesn’t begin to understand what he’s talking about. Explaining why this is nonsense is a bit complex, so bear with me. One needs to actually read the documents involved to know exactly what the impact of this Executive Order is.

President Obama’s Executive Order 13524 amends Executive Order 12425, issued by President Reagan in 1983. This Executive Order had already been amended once before by President Clinton in Executive Order 12971 in 1995.

All three Executive Orders apply to Public Law 79-291, enacted in 1945 to provide “privileges and immunities” to “international organizations.” Such designated organizations today include INTERPOL, the International Union for Conservation of Nature and Natural Resources, Organization of American States, International Committee of the Red Cross, and the European Central Bank, among a host of others, specifically including the United Nations, which was a large part of the impetus to pass the law.

Kevin M. Whiteley, in an article in the Washington University Global Studies Law Review, describes the genesis of the law:

“Thirty years earlier, at the conclusion of World War II … absolute immunity was still the predominant theory to which the United States and the international community adhered. This period also saw an increased presence and participation of international organizations in international affairs. In order to address a perceived lack of protection for these newly emerging bodies, Congress passed the International Organizations Immunities Act (IOIA) in 1945. The central function of the IOIA was to grant international organizations “privileges and immunities of a governmental nature.”

By conferring these privileges and immunities upon recognized international organizations, the United States accomplished several important goals. Such legislation served the self-interest of the United States and satisfied a likely condition precedent to the establishment of the headquarters of the United Nations in the United States. Moreover, enactment of a law immunizing international organizations brought the United States in line with other nations’ actions to address the same problems.”

Whether one agrees that inviting the UN to U.S. soil was a good idea or not, what the law does is grant a limited form of the sort of diplomatic immunity enjoyed by foreign governments and their ambassadors and employees to designated international organizations. The law primarily addresses taxation, both of the property of the organizations and of their employees, including U.S. citizens who may work for them, and immigration regulations. Much of the law addresses the IRS code and regulates how things like Social Security and other withholding taxes are handled for employees, and prohibiting import and customs duties on the personal baggage and effects of officers and employees of such organizations.

But there are other sections that regulate how the U.S. handles the “sovereignty” of the property and assets of international organizations. Specifically, Section 2 provides the same protections against civil lawsuits enjoyed by foreign governments, limits searches of their properties and archives, and regulates treatment of their staff as if they were representatives of foreign governments. The rules and regulations about dealing with representatives of foreign governments are exceeding complex, and this law merely extends some of those protections to officers and employees of designated international organizations. In no way does it authorize any such organization to break any law or supersede the U.S. Constitution and it’s protections of U.S. citizens.
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Old 01-12-2010, 23:32   #24
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Continued...
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What the original Executive Order issued by President Reagan did in 1983 was to designate INTERPOL as a recognized international organization pursuant to his executive authority, as authorized by P.L. 79-291, but in so doing, Regan limited certain of the privileges and immunities that INTERPOL would enjoy under the law, including immunity from search and seizure provided by Section 2 (c). At the time, and up until 2004, INTERPOL had no permanent offices in the United States, so the issue was largely moot.

Section 2 (c), says, “Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable.”

Admittedly this is a very broad protection for an organization to enjoy in the U.S., and it’s one that domestic organizations do not enjoy, but this is hardly new. The law has been in effect since 1945, and that provision has applied to every designated international organization (including the United Nations) except INTERPOL since President Reagan issued his Executive Order in 1983.

In 1995, President Clinton amended Reagan’s order to extend the privileges and immunities extended to all other international organizations regarding customs duties, IRS taxes, foreign agent registration requirements and treatment of their official communications to the “foreign government” standards to INTERPOL by removing references to Section 2 (d).

What President Obama did by further amending Regan’s order was to eliminate all of the other restrictions on INTERPOL enjoying all of the provisions of Public Law 79-291 that Reagan had put in place. This action in no way expands the powers of INTERPOL or makes U.S. citizens subject to plenary jurisdiction of INTERPOL or anyone else. Moreover, provisions in the law permit either the President or the Secretary of State to revoke the designation of any international organization under the law should the organization abuse the privileges and immunities offered. The amendment of the Regan order can be amended again at any time by the President to limit the applicability of the law to any such organization at his will.

So, contrary to conspiracy theory hysterics, the simple fact is that INTERPOL now enjoys the same limited immunities and privileges that all of the approximately 75 other designated international organizations enjoy, and have enjoyed as the result of an Act of Congress since 1945.

While Section 2 (c) does provide some immunities that are of concern, these immunities are of concern not just as applied to INTERPOL, but as applied to every designated international organization. If there is a debate to be had, it’s whether or not Public Law 79-291 should provide such absolute immunity from lawful, court-approved search and seizure for any organization operating within the United States, international or otherwise.

Rather than concocting wild theories about how U.S. citizens are now at the mercy of INTERPOL, which is flatly untrue, we should be asking Congress to review the law and decide if the “inviolable” immunity from lawful search and seizure pursuant to a warrant of international organizations is appropriate. Of course, as Mr. Whiteley points out in his paper, the reason such immunities are offered is because other countries offer the same sort of privileges and immunities to U.S. organizations operating in their countries.

That is a matter of some concern, to be sure, but panic is not called for, and it’s going to be lost in the hysteria of the blogosphere if someone doesn’t apply some common sense.
A concerned Tennessee resident on the topic:

Quote:
With the signing of an under-publicized amendment to Executive Order 12425, Barack Obama has fundamentally altered our constitutional rights. His actions are undermining our rights to protect personal privacy from a foreign internationalist police agency named Interpol. A one-paragraph executive order may seem inconsequential to many, but this action has far-reaching implications and threatens the sovereignty of America.

Obama's secretive executive order amended an order issued by President Reagan in 1983. Reagan's order recognized Interpol as an international organization and gave it privileges and immunities commonly extended to foreign diplomats. Reagan opened the door to allow Interpol to operate in partnership with the U.S. but with significant constitutional safeguards. Specifically, Interpol's property and assets remained subject to search and seizure by American law enforcement, and its archived records remained subject to public scrutiny under provisions of the Freedom of Information Act. Interpol had to answer to the FBI and U.S. courts under Reagan's order. These safeguards were stripped away by Obama's action the week before Christmas without debate or explanation. Obama picked the holiday season to make this radical change, to minimize media coverage.

This order marks a significant change in federal policy and usurps the constitutional power of our government by yielding it to an international organization. Michael van Der Galien writes, "This foreign law-enforcement organization can operate free of an important safeguard against government and abuse. Property and assets, including the organization's records, cannot now be searched or seized. Their physical operational locations are now immune from U.S. legal and investigative authorities."

Obama has given an international organization unsupervised freedom to investigate Americans on our own soil without recourse or the supervision of our own government.Andy McCarthy writing for the National Review asks some very significant questions: "Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media and the American people to scrutinize? Interpol is the enforcement arm of the International Criminal Court, or ICC. The United States never signed onto the Rome Treaty, which created the ICC, because of the potential for ABUSE by foreign interests. Obama has signaled he may sign the treaty over these objections and subject Americans to prosecution overseas in the ICC. This is harmful for two reasons. First, the U.S. Constitution clearly states that it is the supreme law of our land, and allowing the ICC to supersede the U.S. Constitution violates America's sovereignty. Second, the War on Terror is unpopular with Europeans, and the ICC may attempt to prosecute heroic American soldiers with trumped-up war crimes. Obama is putting brave American men and women at grave risk.An added wrinkle to this executive order is that Interpol's operations center for the United States is housed within our own Justice Department. Many of the agents are Americans who work under the aegis of Interpol. This order has potentially created the new civilian security force that Obama proposed during his campaign. This group of law-enforcement officials is no longer subject to the restraints enshrined in the U.S. Constitution.The order guarantees that Interpol officers have immunity from prosecution for crimes they may commit in the United States. Ironically, some Interpol nations are attempting to try American intelligence agents for their work abroad in the War on Terror.This order shows blatant disregard for the U.S. Constitution. While Obama is extending due process rights to terrorists he is weakening those same rights for American citizens. If a citizen were to be prosecuted by Interpol, their newly granted immunity would interfere with the discovery process. Since Interpol files are immune to disclosure, a citizen could be denied his right to see the information used to prosecute him or her.

Obama's executive order has done more to weaken civil liberties than the much-maligned Patriot Act. The silence in the mainstream media on this issue should scare all freedom-loving Americans. Obama just signed away parts of our precious legal protections. Therefore Obama and his supporters are now guilty of HIGH TREASON and as such should all be arrested, tried, convicted and either imprisoned for life or executed! Any who aid Obama in the furtherance of his treasonous attack on American Sovereignty are to be considered traitors and dealt with accordingly! It is time that Congress stand up and do the job you were elected to do...UPHOLD AND DEFEND THE CONSTITUTION OF THE UNITED STATES OF AMERICA!

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Old 01-13-2010, 09:34   #25
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Andrew McCarthy on this decision and what may be behind it.

11:25 Andrew McCarthy on Obama’s executive order on Interpol & the trans-nationalist ideology behind it.

21:00 Douglas Murray describes how the UK may be finally tackling home-grown Islamofascism.

34:30 General Paul Vallely on the Navy SEALs' Trial and Obama’s contrasting treatment of Major Nidal Hasan.


AUDIO AT LINK: (Start at 11:25)
http://www.securefreedomradio.org/20...-paul-vallely/
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