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Could Obama Use INTERPOL to Evade Constitutional Law?

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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.

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