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[–] Rocky_Bindhamer ago  (edited ago)

The Wars Powers Act (or Resolution), can only be used when Congress has declared war.

https://en.m.wikipedia.org/wiki/War_Powers_Resolution

Congress specifically invoked it for the War on Terror (See section 2, b, 1).

https://www.govtrack.us/congress/bills/107/sjres23/text

The 2012 Global Magnitsky Act was a bill regarding the death of a Russian. Which was later revamped.

https://www.hrw.org/news/2017/09/13/us-global-magnitsky-act

The National Emergency declaration was an Executive Order:

https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-persons-involved-serious-human-rights-abuse-corruption/

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[–] Are_we__sure ago  (edited ago)

The Wars Powers Act (or Resolution), can only be used when Congress has declared war.

Which they did not do

Congress specifically invoked it for the War on Terror (See section 2, b, 1)

They didn't invoke it, they referred to it while NOT declaring war. See section 2, b, 2

APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

Here's a list of actual declared times of war https://fas.org/sgp/crs/natsec/RL31133.pdf

The 2012 Global Magnitsky Act was a bill regarding the death of a Russian. Which was later revamped.

No they are two separate laws. The Magnitsky Act of 2012 deals with the case of the dead Russian. https://en.m.wikipedia.org/wiki/Magnitsky_Act

Sergei Magnitsky was a tax lawyer who worked on a case involved theft of companies from citizens and then theft of hundreds of millions of dollars in tax money from the Russian Treasury. How it worked was during a police raid, the corporate origination documents and seals were stolen from a company. These were used to hijack the company to new owners who forged a Billion dollars in fake contracts to shell companies who then sued the hijacked company. The new company was now owned by a convicted murderer and based about 500 miles east of Moscow. The lawyers hired by fraudsters plead guilty to the lawsuits and now had a debt of about a Billion dollars on their books. They used this debt to claim a refund on the taxes they paid. This refund for $230 million, the largest in Russia history was approved in record time, in just one day on Christmas eve. Obviously the police and tax officials were working together on this scam possibly with judges.

Magnitsky was such a sharp tax lawyer, he was actually able to unwind the next of shell companies and found the tiny bank where they deposited the $230 million dollars and he went on to testify against the police and tax officials. For this he was arrested and beaten in jail and died after a year in custody. What he may not have known was that he stumbled upon a major money laundering scheme run by top officials in Putin's government. Money from this scam has been traced by anti-corruption organizations, some of this money was invested in NY real estate. You can read more about the largest money laundering scheme in Eastern Europe in the Russian Laundromat series here https://www.occrp.org/en/laundromat/about-the-project/

Putin hates the Magnitsky Act because it limits what his people can do, where they can travel and where they can hide their money and it led other to discover the Russian Laundromat and it's not the just the US, many other countries are passing versions of this law. This law was the subject of the meeting with Trump campaign in Trump tower.

However the Global Magntisky Act of 2016 is not about a specific crime, but about human rights abuses worldwide. It was incorporated into National Defense Authorization and sign on Dec 23, 2016.

https://www.govtrack.us/congress/bills/114/s284/text

The Executive Order that you link is to is about enforcing the Global Magnisky Act. The limited National Emergency that I referred to is needed because that is what gives the President the authority to sanction individuals. If you notice that executive order refers back to several laws.

including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), the Global Magnitsky Human Rights Accountability Act (Public Law 114-328) (the “Act”), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), and section 301 of title 3, United States Code

The International Emergency Economic Powers Act

authorizes the President to regulate commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has a foreign source.

Why do I say Limited National Emergency? Because of the laws that gives him the authority limits what powers a president invoke

It was due in part to concern that a declaration of "emergency" for one purpose should not invoke every possible executive emergency power, that Congress in 1976 passed the National Emergencies Act.

https://en.wikipedia.org/wiki/International_Emergency_Economic_Powers_Act https://en.wikipedia.org/wiki/National_Emergencies_Act

Since the Global Magnitsky Act only applies to non-American persons, Americans don't have to worry about and since the National Emergencies Act limits what powers a president can invoke, it cannot be used to justify a banana-republic-like illegal power grab.

The US government was quite clear that the executive order of December 2017 was about the implementation of the Global Magnitsky Act which was passed before Trump became President.

https://www.state.gov/r/pa/prs/ps/2017/12/276734.htm

https://home.treasury.gov/news/press-releases/sm0243

Background Briefing on the Rollout of the Global Magnitsky Sanctions December 21, 2017

MODERATOR: All right. Thank you so much, sir. Thank you, everyone. Good morning and thanks for joining us for today’s background call on the rollout of the first iteration of the sanctions under the Global Magnitsky Act. .....

SENIOR ADMINISTRATION OFFICIAL ONE: Great. Thank you so much, and thank you very much, everybody, for joining the call this morning. As the [Moderator] had mentioned, today we would like to discuss the Trump administration’s implementation of the 2016 Global Magnitsky Human Rights Accountability Act, which, as many of you know, was passed in December of 2016. We’ve worked very hard over the last year to establish this new program and look forward to discussing it with you today.

Trump doesn't get to pick who is sanctioned. Congress, the State Department and Treasury work together to determine and vet the list.

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[–] Rocky_Bindhamer ago  (edited ago)

The language of the AUMF was that it didn't supercede the War Powers Act. Which means it would be in effect.

You cannot utilize the War Powers Act without declaring war. It's a given.

GW Bush used the War on Terror combined with the resistance of Saddam to UN inspectors to the tenets of the ceasefire and claims that Saddam was supporting terrorism to re-engage in Iraq.

Obama also used the War on Terror to justify allegedly targetting ISIS in Syria, then invading. This turned into our involvement in the Syrian Civil War, which was never approved by Congress.

https://en.m.wikipedia.org/wiki/Authorization_for_the_Use_of_Military_Force_Against_the_Government_of_Syria_to_Respond_to_Use_of_Chemical_Weapons

Our troops were required to work with Al Queda terrorists which made no sense as Al Queda was tied to 9-11. There are numerous photos of our troops protesting the arrangment. Every NATO country involved in Syria were partnered with 1 or more terrorist factions.

When the War on Terror was declared, there was some opposition to it (Barbara Lee https://en.m.wikipedia.org/wiki/Authorization_for_Use_of_Military_Force_Against_Terrorists) as it was too inspecific and could be used for actions virtually anywhere.

You are pulling the distraction game with the Global Magnitsky Act. The Executive Order National Emergency wasn't about foreigners. It was about Human Rights abuses involving Human Trafficking and seizing assets involved in that. The Magnitsky reference was to address precedence as the 2016 Congressional global version extended it's use to ANYWHERE in the world, which would include the US. If you reread the Act, it pertains to "Foreign Persons" and "United States Persons". The actions pertaining only to Foreign Persons would only apply to them.

It's actually multi-faceted. Since the EO about 13,000 pedophiles have been arrested, their rings shut down, property and moneirs seized, and numerous children rescued. Most recently in Detroit, Michigan where 123 children were taken from their captors.

Some of the Human Trafficking involved the movement of captive persons in both directions across our boarders; Children brought into the the country by adults falsely claiming to be their parents, and American citizens taken captive bound for the South American slave trade.