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We are still in a state of declared war as of 14 September 2001 that was never rescinded.
Nope. We are not in a State of Declared War.
Proclamation 7463 doesn't declare war. AUMF doesn't declare war.
We have also been under a state of emergency since 17 December 2017.
LOL. Nope. You should read the Global Magnitsky Act. It doesn't even apply to Americans. We are not in a State of Emergency.
What was declared in that Executive Order is limited to the folks who are being sanctioned, it's a precusor to seizing assets based on previous laws, but the Global Magnitsky Act does not apply to Americans.
There's no legal justifications for the Q fantasy. The Q fatansy would be an illegal coup. No way in hell the military goes along with it.
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.
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.
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.
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.
view the rest of the comments →
[–] Are_we__sure ago
Nope. We are not in a State of Declared War.
Proclamation 7463 doesn't declare war. AUMF doesn't declare war.
LOL. Nope. You should read the Global Magnitsky Act. It doesn't even apply to Americans. We are not in a State of Emergency.
What was declared in that Executive Order is limited to the folks who are being sanctioned, it's a precusor to seizing assets based on previous laws, but the Global Magnitsky Act does not apply to Americans.
There's no legal justifications for the Q fantasy. The Q fatansy would be an illegal coup. No way in hell the military goes along with it.
[–] 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/
[–] Are_we__sure ago (edited ago)
Which they did not do
They didn't invoke it, they referred to it while NOT declaring war. See section 2, b, 2
Here's a list of actual declared times of war https://fas.org/sgp/crs/natsec/RL31133.pdf
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.
The International Emergency Economic Powers Act
Why do I say Limited National Emergency? Because of the laws that gives him the authority limits what powers a president invoke
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
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.