TODAY'S RANT: (It’s Fun to Stay at the) F.E.M.A.By Philip Drucker, Constitutional Law Professor
Staff Writer, Los Angeles Free Press
PART I: These are but the Electric Sheep of Every Tyrant’s Dreams
If you’re a conspiracy theorist, even though this isn’t about a conspiracy to do something (as it’s already done and out in the open), you’re going to love this. Geeky as all get out, it packs a Red Bull you’ve-got -buffalo-wings-on-your-shirt wallop.
I speak in hushed tones of (cue the dramatic music) Executive Order 11310. (Holy gray aliens, Batman! that’s not even a real law. But it is a real mechanism for starting up all that’s listed below.)
It was authorized by LBJ. He’s almost JFK and he put an obscure number on it. Just like Area 51. Getting better? We’re just warming up. The EO’s title is tantalizingly innocuous: Assigning Emergency Preparedness Functions to the Attorney General. I’m getting goosebumps. I feel compelled to check the transmitter in my far-left molar. Don’t want the CIA listening into my mind on this.
Next line: “By virtue of the authority vested in me as President of the United States and pursuant to Reorganization Plan No. 1 1958 (72 Statute 1799).”
Now that sounds downright Deep State sinister to me, sort of like Plan 9 from Outer Space. But let’s go down this rabbit hole and catch a wascally green knoll wabbit! Be still my heart!
The Reorganization Plan No. 1 (since revised in 1973) is all about the Executive Office of the President. Section 1. Transfer of functions to the President. Section 3. It’s about Abolitions. Hmmm, and what’s this about the old Office of Emergency Preparedness with a wink and a nod to the National Security Council? Apparently, the powers of emergency preparedness are transferred to the President. Seems reasonable enough.
Wait just an alien-abductions-are-real moment! That means the President, after s/he declares – by her/his own judgement – a “national emergency” per the National Emergencies Act of 1976, doesn’t need two cents worth of input from Congress to use those Powers or transfer them to the DOJ and/or the AG. To Bill “Straight as a Broken Arrow” Barr? Oh, yes, that’s what it means.
But wait… there’s more! In fact, there are roughly 500 additional Federal laws, some of which could legally suspend the Bill of Rights, including the declaration of martial law while mobilizing the National Guard, that the President could invoke during a time of “crisis,” (real or Trump fever-dream-level-imagined) or he could assign them to our rogue AG.
If, in a likely scenario, they were implemented through the Federal Emergency Management Agency (FEMA) some of those extraordinary emergency powers are (per already issued EO’s) :
EO 10995: enabling the Federal Government to seize and control the communications medium
EO 10997: enabling the Federal Government to take over all electrical power, gas, petroleum, fuels and minerals
EO 10998: enabling the Federal Government to take over all food resources and farms
EO 11003: enabling the Federal Government to take over all airports and aircraft, including commercial airports, and
EO 11310: enabling the Federal Government to to control all aliens, and to operate penal and correctional institutions
Several go-ask-Alice-sized-rabbit-holes and six jelly donuts later, surely more EO’s will appear.
But even ‘right now’, if Trump declares a “national emergency” citing Chinese interference with the 2020 election as an act of “terror,” (maybe just because he thinks they will retaliate for the trade wars and cost him his indictment-free 4-year pass of a 2nd term) he can, through FEMA, under the guidance of Bill Barr, shut down the internet. Confiscate all available gasoline. Take over Trader Joe’s. Ground all air travel. Round up and detain – indefinitely – all immigrants, legal or otherwise, including DACA applicants. And – for his own best interests – stop all goods at all ports of entry. Oh yes he can.
I told you it packed a wallop. Would have made a great episode of the X-Files but, truly, this could be a real life episode. And if you’re not a bit worried, I’m wondering why. If you are, I’d like to hear your thoughts on that, too. Comments might be made right here you’re seeing this or, surely, at our Official Facebook Page…
Check back here on this Thursday to see how we can actually stop it all from happening.