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Could Obama Use INTERPOL to Evade Constitutional Law?

by
Posted on December 30 2009 10:21 am
Liz Blaine is a financial analyst, author and freelance writer on finance, economics and politics. Follow her on Twitter and her blog Liz Blaine.

Much has been written recently since ThreatsWatch first broke the story of President Obama’s stealth Executive Order (EO) rendering an international police force immune from the restrictions of the Constitution and American law. Reports are focusing on the ramifications of the EO to U.S. sovereignty and the potential surrender of Americans to war crime tribunals in the International Criminal Court (ICC).  But is the President using the 2(c) provision to sidestep Constitutional law and place the U.S. under the jurisdiction of the ICC without ratification of the UN Treaty by 2/3 of the Senate? Or is he granting unrecognized authority to INTERPOL, the International Criminal Police Organization, providing them unrestrained power over the American people? And could he use these privileges to step above and beyond the Constitution, or as a means for political cronies to profit?

Although the UN Treaty committing signatory nations to ICC jurisdiction has been both signed by President Clinton and ‘unsigned‘ by President Bush, it has never been ratified by the Senate. If INTERPOL has unrestrained authority to arrest and try American citizens in the ICC, the Constitutional requirement for Senate ratification is bypassed in a manner unintended by our founding fathers.

With his signature Obama reversed President Reagan’s EO restricting INTERPOL to the Constitution and American law when acting on U.S. soil. INTERPOL now has the full diplomatic immunities afforded foreign embassies, International Organizations, their officers and employees under the International Organizations Immunities Act (IOIA). 

  As such, under Section 2(c), Patriot Room notes

We have an international police force authorized to act within the United States that is no longer subject to 4th Amendment Search and Seizure. The “property and assets of [INTERPOL], wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation.”

But President Obama’s Executive Order also grants INTERPOL immunity under Section 2(d) which includes

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 circumstances to foreign governments. (emphasis mine)

The Foreign Agents Registration Act (FARA), administered by the Department of Justice (DOJ), requires foreign principals

to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities

But the DOJ considers INTERPOL a law enforcement agency and, as such, the organization is not listed as a historical or active foreign agent indicating, under Section 2(d), INTERPOL is not required to report foreign agents, their communications or activities on American soil. 

INTERPOL is now an international organization free from identifying its agents, communications or activities, immune from 4th Amendment search and seizure provisions, with the capacity to institute legal proceedings, and the ability to ignore American’s 6th Amendment rights. In essence, the President has granted INTERPOL enforcement powers which supersede the Constitution. 

But what’s a little power without financial gain through immunity from IRS laws?  Within the immunities granted under Sections 4, 5 and 6 INTERPOL is exempted from paying property tax, interest on deposits held in U.S. banks, tax on income from investments in stocks, bonds and securities, Medicare and Social Security Taxes, and Federal Unemployment Tax. And if that isn’t enough tax-free money, INTERPOL is free from paying federal income tax on non-citizen employee salaries and wages, greatly reducing corporate overhead for funding activities on American soil.

In the U.S., INTERPOL is administered through the U.S. National Central Bureau (USNCB), housed in the Department of Justice, and co-managed by both the Department of Justice and Homeland Security. The USNCB is comprised of both permanent and contracutal employees of the Department of Justice and staff detailed from other agencies. Given the Obama administration’s  record for employing tax cheats it will be interesting to see if Obama cronies will now, or have been, appointed to dual roles in the Department of Justice/Homeland Security and INTERPOL, thereby placing trusted confederates in key positions where they may potentially benefit from freedom of U.S. tax law. Leave it to the Obama administration to find a new way to avoid taxes.

Interestingly, a variety of federal divisions are assigned to work with the USNCB including Alcohol, Tobacco Firearms, and Explosives (ATF), Customs and Border Protection (CBP), and the Environmental Protection Agency (EPA). According to the USNCB website

One of the primary missions of INTERPOL and the USNCB is to seek the location, and ultimately the arrest of fugitives wanted in the U.S.

Given the EPA’s recent license to regulate CO2 it is especially noteworthy that INTERPOL is tasked to seek and arrest EPA fugitives, defendants charged with environmental crimes who have fled the court’s jurisdiction. We will have to wait to see how the EPA criminalizes CO2 violations to determine the true risk of their ruling to American citizens.

But a myriad of questions remain about President Obama’s action, and their answers can only be speculated at this time. What potential intelligence gathering techniques might a group of law enforcement agents use, when provided the latitude to investigate anything under the cover of INTERPOL’s immunity from Constitutional restraints? Could a President who believes the Constitution reflects “the fundamental flaw of this country” potentially hide unconstitutional activities carried out by DOJ or Homeland Security agents within INTERPOL activities?  Will political associates of the President hold dual positions with INTERPOL? If the future proves the answers to these questions true, what might history call this agency? For Hitler, it was the Gestapo. For Stalin, the CHEKA.

51 Responses leave one →
  1. December 30, 2009

    Given that this action would allow Interpol to ignore the Constitution and the rights of American citizens it is supposed to protect, couldn't we say that Obama has violated his oath of office (I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.)

    Surely by giving foreign entities powers that exceed those allowed to the federal government he is not protecting and defending the Constitution.

  2. December 30, 2009

    It would appear that by manipulating the provisions of a single executive order the President has created the legal foundation for his own secret police force. I certainly hope both members of Congress and the Press take a very close look at this before this potentially unrestrained “law enforcement” arm of Team Obama makes it too dangerous to do so.

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      December 30, 2009

      It’s possible that very well could be an outcome of his action if he has the desire to abuse the immunities he has granted the organization.

  3. December 30, 2009

    As always Liz, an excellent & thorough job!

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      December 30, 2009

      Thank you very much! It’s hard to believe that there is more information to report, but I tried to cover much of the material other sites haven’t reported.

  4. December 30, 2009

    A year ago one probably would have concluded that such a misuse of executive power would
    be absurd; however, after what we have seen during this administration’s first year, I have
    learned that the reality is far exceeding expectation. Knowing the strong far-left background
    of those in this administration, I thought we could be prepared for what was to come. That
    definitely is NOT the case. Things are MUCH worse than that which could be conceived;
    therefore, in my own mind, being realistic, I will not be surprised over any misuse of power.
    The big question is: Who in Congress is watching; furthermore, who in Congress is thinking
    far enough ahead to second guess the enemy’s moves? This is warfare of a different sort.
    We have the terrorist enemies without and we have an enemy within that would destroy the
    very underpinnings of our beloved country. “Eternal vigilance is the price of liberty.”

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      December 30, 2009

      You are correct that the Left is fighting a WAR against us. If we have any hope in holding back their onslaught we must consider it in the same vein as they, a war. We must change our perspective and fight the Left on every issue as if each issue is our last hope. Then we will win.

      • January 3, 2010

        Liz says: “We must change our perspective and fight the Left on every issue as if each issue is our last hope. Then we will win.”

        The only thing — they throw “issues” at us every single day. Just when you think it can’t get any more bizzare — in comes another, such as the USPS delivering anti-anthrax drugs. Who would have thought we needed this EO 2 days before the new year? Very concerning …

        Every day is a crisis with him & his co-commies in office. And, they never let a crisis go to waste — even if they have to make them up.

        • January 3, 2010

          Excellent article. I’ve been following this since the day ThreatsWatch broke the story. Thanks Liz Blaine.

    • December 30, 2009

      Cabby – AZ

      I just had a converation this AM that mirrored your comment. I have walked the floor at night asking myself ,”Where am I living? Have I been teleported to another universe?” There are those whose plans for this great country will be met with a civilzed fight to end all civilized fights. Words are our most effective weapon.

      Thank you HEAVEN for NewsReal, David Horowitz, David Swindle and now Liz Blaine.

      You can follow Liz & Dave Swindle on Twitter at @LizBlaine & @DaveSwindle. Most writers/ commenters are on Twitter. I will try to have their @’s soon. Don’t be shy fellow Twitter people, post your @’s w/ your comments. A great source of credible information on Twitter is @2bluestarmom.

  5. December 30, 2009

    It would be bad enough to allow United States law enforcement agencies to bypass the constitution in conducting its business, but its beyond comprehension to permit a foreign one to do so.

    So Americans now must live in fear of being subjected to warrentless fishing expeditions by foreign govts.? And then of being arrested and tried in a foreign country for a politicaly contrived crime? Why not just dissolve our government and let the United Nations run our country and be done with it already? Transnationalism is the ultimate goal of the progressive left.

    Surely, the President can be prevented from issuing an unconstitutional and seditious executive order?

  6. December 30, 2009

    Liz… this keeps getting more bizarre by the day! Thank you for all you do!

    Kelly

    • December 30, 2009

      You can also find Kelly on Twitter @SheGathers_Rain …tell her I sent you.

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      December 30, 2009

      It’s my pleasure, Kelly. I’ll be sure to let you know if I have a follow up article.

  7. December 30, 2009

    This is all part of the grand scheme of things David Horowitz has alluded to since this administration has taken control of the White House and supplying fire-water to a select powerrful co-horts in the legislative branch.

    The missed one media outlet in the television world and surely miscalculated the power of the internet.

    The terrorist are just taking advantage of the whole mess for they don’t like any of us, period.

  8. December 30, 2009

    I dig this website! I’m not too worried about interpol. It really doesn’t look like it can smack its ass with both hands. I’ve never heard of it really being able to push anybody around, including multiple criminals residing in Iran. Keep me updated on your twitter!

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      December 30, 2009

      NewsReal has fresh content throughout the day, so check back frequently. And I see I’m already following you on twitter so I’ll be sure to keep you updated.

      Liz

  9. December 30, 2009

    Liz,
    Please critique the points made by Jake Tapper in his ABC News article:

    http://blogs.abcnews.com/politicalpunch/2009/12/just-what-did-president-obamas-executive-order-regarding-interpol-do.html

    His charge that we are making “nefarious insinuations and accusations” should be answered. Thanks.

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      December 31, 2009

      I will be posting a reply to both Jake Tapper’s and the New York Times’ articles on President Obama’s Executive Order. Keep an eye out for it on NewsRealBlog.

      Liz

  10. December 30, 2009

    Gee,I hope what you guys are saying isn’t true,because if it is,there’s going to be some serious trouble. I’ve never been a fan of the ICC because it won’t just be used against American citizens. It’ll be used against legal immigrants and refugees from foreign dictatorships who have fled to America. If I were fleeing from Venezuela,China,Cuba,or somewhere like that,I’d be worried that,even if I chose to become an American citizen,what’s to stop the dictator from framing me with false evidence for a crime and then have the ICC or INTERPOL just take me off the streets and have me shipped back home?
    What’s worse,if I were a native-born person or immigrant serving in the U.S. military,what’s to stop someone in a foreign government making up a false war crimes charge and have me hauled off to the Hague? Or what if we have someone who was foreign-born who was living in America but had served in his native land’s military honorably,but what would happen if a similar scenario happened? I hope this is false and I hope what I’m writing here doesn’t come to pass but I fear it would.

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      December 30, 2009

      You present valid areas of concern unnoted in my article. Most people are looking at the issue through the lens of an American citizen, but immigrants may potentially suffer repurcussions and find the U.S. not to be the safe haven they thought it had been. Thank you for your contribution.

  11. December 30, 2009

    Well, it’s not like Obummer didn’t tell us he wanted a national police force (well-funded of course). Let me see if I got this straight. If you’re a foreigner because you’re an illegal alien or a terrorist co-conspirator then you are protected by our Constitution, but if you’re a foreigner and also part of an international “justice force” then our Constitution doesn’t apply. Makes sense to me./sarc

  12. December 30, 2009

    History will eventually retell us that this boy was a flash in the pan, no more, no less, for he was overwhelmed by the tasks of the vocation that he so ambitiously pursued and lacked the character and the volition and the attributes and the ingenuity of 50%
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  13. December 30, 2009

    Good work. -=vince.

  14. December 30, 2009

    Excellent job, Liz. Stating the facts and citing resources….don’t see that in MSM much anymore!

  15. December 31, 2009

    Please see:
    …………………………………………………………………………………………………………………….
    “CREDIBILITY IN SCARY TIMES”
    By Lynn Stuter
    December 29, 2009
    NewsWithViews.com
    http://www.newswithviews.com/Stuter/stuter169.htm

    [quote]
    [...]The International Organizations Immunities Act addresses diplomatic immunity;
    it does not give any foreign entity, such as INTERPOL, police powers or legal powers
    within the United States[...]

    INTERPOL is not an international law enforcement agency. As stated above, INTERPOL
    facilitates cross-border police co-operation regarding criminal acts that are international
    in scope. For instance, INTERPOL would have been contacted when the Nigerian national,
    Umar Farouk Abdulmutallab, tried to blow up Northwest/Delta flight 253 on approach to
    the Detroit, Michigan airport. INTERPOL would facilitate the exchange of information
    between foreign law enforcement agencies with information on Abdulmutallab and U.S.
    law enforcement agencies seeking that information; INTERPOL is not a law enforcement
    agency in and of itself; it has no police enforcement power in any of its member countries.

    It is true that INTERPOL has been granted complete and utter diplomatic immunity within
    the borders of the United States. However, diplomatic immunity does not equate to giving
    INTERPOL police powers over American citizens; diplomatic immunity is only granted if
    INTERPOL is in good standing and abides by United States law concerning diplomats
    residing on American soil. If diplomatic immunity is rescinded, due to offenses against the
    United States or its citizens, the offending party has a choice to either leave the United
    States immediately or be arrested and prosecuted under American law. Diplomatic status
    can be revoked for any number of reasons including acts of war, spying, or criminal acts
    committed under American law. Over the years, diplomatic status has be revoked a number
    of times for diplomats in this country, resulting in their immediate expulsion from this
    country.

    The claim that “They are not subject to any Constitutional limitations within the United
    States”; that they can operate “outside of the Constitution” and American law is utterly
    false. If an INTERPOL agent showed up at your door, he/she would be risking expulsion
    or prosecution for breach of diplomatic immunity.[/quote]
    …………………………………………………………………………………………………………………….

    Thank you.

    • January 1, 2010

      @ CAT

      I do not have time to address each point you made in your very long comment. I am sure Ms. Blaine will in her next NewsReal article. She is, as we have come to learn, diligent in her research.
      However, I would like to address the item about INTERPOL being contacted when ‘the Nigerian national tried to blow up’… I have knowledge of city, state, national and international law enforcement. INTERPOL is a clearing house for information BEFORE and AFTER an incident. The fact that INTERPOL employees come from many different countries is what makes it an international organization. Knowing that, I can only add…that international responsibility worked out well on Christmas Day, didn’t it?
      I have not heard or read this point addressed. Terrorist, with their kill them agenda, know when we are the most vulnerable. When you work in law enforcement, no matter the level, holidays such as Christmas, New Years etc. should be WORKING DAYS for all. If this rule imposes too difficult a hardship for you and your family, find other employment.

    • Error: Unable to create directory uploads/2015/03. Is its parent directory writable by the server?
      January 1, 2010

      Interesting. You offer no personal comment and cite a blog post titled “CREDIBILITY IN SCARY TIMES” written by an avowed “activist” with “a particular emphasis on education as it pertains to achieving the sustainable global environment” and who promotes “the transformation of our nation from a Constitutional Republic to a participatory democracy.” With no intent to attack the author, a cursory glance at her website shows support of her stated agenda listed in her biography. Perhaps her focus in the post you cited was biased from its start to further promote her transformation of America.

      Regardless of the author’s intent, veracity of my statements can be ascertained by following the supporting links within my article. The INTERPOL and USNCB content cited is found in their words, on their web sites.

      As for the author’s statement that INTERPOL is not an international law enforcement agency, by definition, a law enforcement agency is “an agency responsible for insuring obedience to the laws.”
      http://dictionary.reference.com/browse/law+enforcement+agency?qsrc=2446

      If you read the INTERPOL and USNCB missions and services provided, you will see they conform to the definition of a law enforcement agency.

  16. January 1, 2010

    Good point, Political Moxie.
    ‘t is a busy season–
    thank you
    and Liz Blaine.
    Appreciated are your POVs.

    I share your concern.

    My quoting the aforementioned author
    had much to do with her being published
    at newswithviews. Because the authors
    there tend to oppose big government,
    I did check the website of Ms. Stuter.
    Granted that her opening topics with what
    she hopes to debunk is sometimes confusing,
    Ms. Blaine, she favors Freedom 21
    (www.freedom21.org)
    vs. Agenda 21
    and its “sustainable global environment.”

    She states:

    [quote]This website is concerned with how children are being programmed to be robotic drones in the public (government) schools across America under systems education.

    The frame to the left [categorized under "Extremist Environmentalism" @ http://www.learn-usa.com/education_transformation/~environmentalism.htm also has links
    to websites promoting common-sense environmentalism and exposing the agenda of the rabid environmentalists whose websites, curriculums, etc, are being used in the government school classrooms.[/quote]

  17. January 3, 2010

    Tonight, 60 minutes ran the story regarding the mess within the VA. As usual, the director had a spokeman explain why they’re experiencing problems. I aasume the director was playing golf on an exotic island paradise somewhere in the muddle of the Pacific Ocean.

    Two years ago, my Congressman submitted a six point questionaire to the Veterans Affairs Committee in Congress. It stated a reply was forthcoming. I am still waiting lot too many other veterans.

    Republican or Democrat, nothing changes, as the abuse of American Citizens rights continues getting worse on all fronts.

    Happy New Year, seniors, no raises for you this year. It’s Nixon’s fault, I hear.

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