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Congressional Report Assails Bush Executive Order on Iraq Insurgent Funding
Over the summer, we reported on an under-the-radar executive order issued by President Bush allowing him to freeze or seize the U.S-based assets of anyone, potentially including U.S. citizens, he deems to threaten "the peace or stability of Iraq or the Government of Iraq" or who "undermin(e) efforts to promote economic reconstruction and political reform in Iraq."
The executive order was written so broadly as to alarm civil libertarians, who feared it was a back-door attempt at criminalizing the antiwar movement -- which Bush could conceivably argue posed a threat to Iraq by seeking to end the U.S. military presence -- or even unwitting donors to insurgent-linked charities. A spokeswoman for the Treasury Department, Molly Millerwise, told us not to worry: "Be assured that the individuals and entities we add to this list are in full faith acting in an aggressive, violent and reckless way in financing the insurgency," she said.
Earlier this month,the nonpartisan Congressional Research Service said: actually, maybe you should worry. It released a report (pdf) exploring "the contrast between the executive order's broad language and its narrow aim" and questioning why the Treasury Department hasn't released a list of eligible Iraq-related targets for the order.
While CRS credits Millerwise with indicating that the order will cause the Treasury's Office of Foreign Assets Control (OFAC) to primarily go after foreigners, it criticizes the order's "piggybacking potential":
The issue is whether the executive order's application to anyone who provides "support" for a designated entity might affect U.S. persons inadvertently involved in some form of assistance, such as arranging transportation for, selling consumer goods to, or providing routine legal assistance to an entity that becomes blocked under the executive order. Could U.S. persons find themselves designated under the authority of the executive order and thereby have all of their assets subject to blocking whether or not the assets have any nexus with the transaction of any blocked entity or with any foreign entity?
The report says we can't answer that question until OFAC releases a set of regulations covering how to implement the order. Nothing so far appears to be forthcoming, despite Millerwise's comments to TPMmuckraker creating what CRS calls an "expectation" that OFAC will document its rules for implementation. It's also not clear whether interest from a particular member of Congress prompted the report -- and, if so, which member.
(Via Steve Aftergood, who observes, "the potential application of the order appears to be technically unlimited since it includes a recursive clause that has no defined endpoint." In other words, you can be targeted under the order even if you're X Degrees of Kevin Bacon away from an insurgent-related financial transaction.)
Comments (29)
Ad Absurdum wrote on November 29, 2007 2:10 PM:The best time to freeze the assets of insurgency supporters is when they transfer money to bail out the US banks from the mortgage crisis.
danger wrote on November 29, 2007 2:18 PM:I bet within my lifetime I'll be branded a terrorist, somehow, with the rest of you lot. It'll be a cheery ol' time, we should have a weekly terrorist night down at the local pub and drink the finest double-bocks.
JA wrote on November 29, 2007 2:34 PM:Welcome to Stalin's Russia, be assured that all assets seized and interrogations performed were done correctly by the authorities. If you question this, we will be forced to seize your assets and question you accordingly.
will o dwisp wrote on November 29, 2007 2:35 PM:Naomi Wolf's book talks about this stuff. We've got to figure out a way to stop this slide to fascism. Once the slide has started though, I don't know if any other society has ever succeeded in stopping it -it's almost like a disease that has to run it's course -when finally even the diehard supporters realize how shameful it all is
goletada wrote on November 29, 2007 2:40 PM:Shouldn't Bush fundraiser and oil baron Ray Hunt be on that list? After all, his illegal oil deal with the Kurds has set back political progress in Iraq. Maybe the Treasury Dept. can seize the $35 million he donated to the Bush library.
Roberta wrote on November 29, 2007 2:49 PM:With all the fallacies in logic upon which this Administration has depended for its conduct, this little executive order makes me think that post hoc, ergo propter hoc will be useful for them.
"Insurgents," AKA Iraqis who want their country back from the US occupation, are being born every day, the longer the US military remains. So if we give to a charitable organization that helps Iraqi people who later act on their anger at this occupation and the puppet government in their country, we will have supported those who "threaten 'the peace or stability of Iraq or the Government of Iraq' or who 'undermin(e) efforts to promote economic reconstruction and political reform in Iraq.'"
Busheney has found success in using Ad hominem, Appeal to force, Appeal to the popular, Begging the question, Cause and effect, Circular argument, Division (true of the whole is true for parts),
Equivocation, False dilemma, Genetic fallacy, Guilt by association, Non sequitur, Poisoning the well, Red herring, and Straw man argument fallacies in the last seven years. What's one more perversion of reason, ethics, and honesty?
We will need the Congressional Research Service to comb through every executive order Busheney has given--and include his signing statements, since those seem to work the same way--to undo the otherwise irreparable damage this Administration has done to this country. It might take a group dedicated just to this to try to regain the constitutional protections Busheney has scotched.
Alguien wrote on November 29, 2007 4:07 PM:will o dwisp wrote on November 29, 2007 2:35 PM:
"... Once the slide has started though, I don't know if any other society has ever succeeded in stopping it -it's almost like a disease that has to run it's course -when finally even the diehard supporters realize how shameful it all is"
Just like the Salem Witch trials in the 1700s...! One has to wonder how many innocent lives will be ruined and or lost until we wake up from the magic spell and realize we're been played like a cheap gong in the name of the "war on terror".
Cinderella Ferret wrote on November 29, 2007 4:13 PM:Elect a Democrat to the White House next year and Republicans will, overnight, remember that we have a Constitution.
Anonymous wrote on November 29, 2007 4:15 PM:Maybe they should seize all of Blackwater's assets. They certainly seem to be a threat to Iraq's stability.
Alguien wrote on November 29, 2007 4:17 PM:Roberta wrote on November 29, 2007 2:49 PM:
"We will need the Congressional Research Service to comb through every executive order Busheney has given--and include his signing statements, since those seem to work the same way--to undo the otherwise irreparable damage this Administration has done to this country. It might take a group dedicated just to this to try to regain the constitutional protections Busheney has scotched."
right!"
By the time they finish digging, we'll all be in the nursing home...!
Anonymous wrote on November 29, 2007 4:35 PM:The easiest thing would be to create a "Special Office of Constitutional Restoration" in charge of cancelling every piece of legislation passed between 2001 and 2008 and returning us to the Pre-Bush era, when people still had rights.
In all due respect to Naomi Wolf, I must point out that Dr Lawrence Britt pointed out the 14 characteristics of fascism few years back.
We've got at least 13 of them now.
Check it out at:
http://www.rense.com/general37/char.htm
Scott L wrote on November 29, 2007 4:52 PM:If we make it to the next election (and I am not sure we will) this country needs a President that is the top administrator for us and not another person that says God told him. This Holy War crap is destroying our country.
jimijazz wrote on November 29, 2007 4:54 PM:It's intimidation - thats all it is. The first time this happens to an american citizen it will be very likely tied up in U.S. courts. And again, proof will have to come from the Bush clan. It's political and has been from the start of the Iraq war. Iraq is not connected to the U.S. or a second colony or Iraq West or anything else as far as I'm concerned.
Roberta wrote on November 29, 2007 5:44 PM:"The easiest thing would be to create a "Special Office of Constitutional Restoration" in charge of cancelling every piece of legislation passed between 2001 and 2008 and returning us to the Pre-Bush era ..."
What a sensible suggestion. It's so unlikely that anything during that time has furthered any progress in civil liberties, stopping environmental degradation, or, really, anything good for anyone but the rich and empowered.
But don't forget to include all those executive orders! Congress had little or nothing to do with those.
BrewhouseBob wrote on November 29, 2007 6:19 PM:Anonymous wrote on November 29, 2007 4:35 PM:
In all due respect to Naomi Wolf, I must point out that Dr Lawrence Britt pointed out the 14 characteristics of fascism few years back.
We've got at least 13 of them now.
Check it out at:
http://www.rense.com/general37/char.htm
Anonymous, which of the 14 characteristics do you think we're missing? I think we're batting .1000!
here wrote on November 29, 2007 6:58 PM:BrewHouseBob: you mean batting 1000 (or maybe just 1.000), right? Messing up basic baseball stuff seems sort of ... un-American if you know what i mean. You're not some sort of commie are you?
who won the 1945 World Series?
The Secret Service should be at your house any moment now.
Viva la witchhunt!
yrlly wrote on November 29, 2007 8:03 PM:Thank you all for your informative and thoughtful comments.
Restore the Constitution
Cancel 2001-2008 legislation
Our new Atty General has to be one straight shooter, a REAL stand up man, because the Justice Dept. will be working overtime & require great increases in personnel.
shipwreckedcrew wrote on November 29, 2007 9:24 PM:The Pentagon has to come under scrutiny if we want our country back.
Lobbying/bribing...what can we say about that...but nausea?
Why do we accept K Street?
We the people "accept" none of this, it is simply "allowed". Why?
Its not as if they bribed/lobbied for our hometown waterworks, or schools or roads or health-care. They bribe/lobby for our money for their corporations, from the men we put in charge of OUR money.
This is the biggest 800 lb. WTF in the room.
ETC....
Murtha says the surge is working.
Who'd a thunk it?
Has Harry Reid called him yet?
TheraP wrote on November 29, 2007 9:43 PM:Here's what worries me. Suppose that some of these executive orders remain hidden, and then, just like cheney came into power, dead set on furthering the aims of the unitary executive... suppose that "someone" knows where those orders are buried... "someone" bent on reviving them under another repub administration.
That's exactly why Roberta's suggestion is so, so important. Every single one of these dastardly documents must be found and rescinded. ..... But how will we know for sure?
Also, the idea of simply rescinding all legislation from the entire bush term is an excellent one.
We may need to tap retired lawyers, who are patriots and care about the Constitution, to volunteer for DoJ - like a new kind of "peace corps" - only we'd have to call it "Liberty Corps" or something.
I really think there would be many, many people, willing to give time to "restoration" projects. People of many different professions. Especially retired people. Not people seeking power. But people seeking to pass along to their grandchildren a free and open society that lives by the Rule of Law.
I only hope it is not too late.
Val A Lindsay II wrote on November 30, 2007 1:03 AM:What if you're a victim of identity theft?
You know; A larcenist(foreign or otherwise) steals your credit card #, buys things with it and suddenly you're on record as "providing support". And sure as anything the bureaucracy will be impossible to get out of.
Does anyone else see this?
Nancy Irving wrote on November 30, 2007 1:55 AM:I'm relieved to note that I have no assets!
Winston Smith wrote on November 30, 2007 8:34 AM:The United States of America
Republic 1776-2001
The Imperial States of America
GWB 2001 to 20012
Jeb Bush 2012-2020
Jenna 2020-2040
Guys, it is over. The democracy we knew of is gone.
Winston Smith wrote on November 30, 2007 8:35 AM:The United States of America
Republic 1776-2001
The Imperial States of America
GWB 2001 to 20012
Jeb Bush 2012-2020
Jenna 2020-2040
Guys, it is over. The democracy we knew of is gone.
wmcq wrote on November 30, 2007 8:44 AM:How would this apply to Lindsay Graham and the other war worshipping Republicans who want to get rid of Maliki?
danger wrote on November 30, 2007 9:01 AM:Easy now, Mr. Smith. You really think Bush will stay in office another 4 years, from some national emergency? I don't think so.
If another Republican president is installed this country really ceases to exist at that point. I can't possibly see the entire country rolling over for another religious whackjob.
tomg wrote on November 30, 2007 10:59 AM:hmm let's see Haliburton continued to sell to Iran through a sub in the Cheney years, maybe that will force those assets to be frozen....ooops, sorry I must of inhaled
NitPicker1 wrote on November 30, 2007 12:07 PM:Hold on, anonymous.
The "Fourteen Points of Fascism" article was written by Laurence Britt (not Lawrence). Notice that there is no "Dr." in front of his name - he is a retired businessman who writes novels and occasionally articles for the local free weekly in Rochester NY. He is not, contrary to internet rumor, a political scientist or in fact an academic of any sort.
The article was written in 2003 as a critique of the Bush administration - so of course the fourteen points line up with what Bush is doing. Duh. But - they are *not* a definition of fascism that is accepted by political scientists or scholars or taught in every freshman PoliSci class, as I have heard the bamboozled claim.
Click on my name for a link to a page that has a citation for the original Britt article, and a critique (including the link to Umberto Eco's 1995 piece that is likely the inspiration - "Fourteen ways of looking at a Blackshirt").
If you want to see Britt's article as "Fascism, Anyone?" as published it is here:
http://www.secularhumanism.org/index.php?page=britt_23_2§ion=library
Britt's article can certainly provoke some thought, but let's not make it more than it is, i.e. anti-Bush propaganda.
Impeach Now wrote on November 30, 2007 2:34 PM:Libertyforum.org has been down for the past 4 days. LF came back up briefly and now is down again. This is a very large Libertarian site. They are very critical of bush and Israel and duel citizenship traitors. Has anyone noted any other sites being taken down?
lm945 wrote on November 30, 2007 4:53 PM:Anonymous wrote:
"In all due respect to Naomi Wolf, I must point out that Dr Lawrence Britt pointed out the 14 characteristics of fascism few years back.
We've got at least 13 of them now."
With all due respect to Dr. Britt, could you please explain which one of the fourteen we DON'T have?