Executive Order giving INTERPOL immunity in the US Signed into effect

[wiretap]

A couple points. There is no such thing as a international police force. Interpol picks its officers from the country of origin. So if they want to arrest someone in the USA they would go to the FBI to do the arrest.

And now they don't have to.

 

[spidey07]

and now they don't have to.

bingo!

 

[WHAMPOM]

Funny. I've probably dropped more LSD than you can even imagine along with plenty of strippers. I know all about the counter culture. But I grew up.

Nice pure shit from Purdue's finest. Heavy dose? You have no idea.

So you went from one extreme to the other? Nothing more puritanical then a reformed hedonist? You think this order will let INTERPOL arrest American citizens without extradition?

 

[StageLeft]

Good.

Remember movies used to seem always to give diplomatic immunity to bad guys? We can return to those days. Obama is going to reinvigorate hollywood.

 

[JSt0rm]

Funny. I've probably dropped more LSD than you can even imagine along with plenty of strippers. I know all about the counter culture. But I grew up.

Nice pure shit from Purdue's finest. Heavy dose? You have no idea.

ahh then your paranoia probably comes from all the crystal meth.

 

[UberNeuman]

"Scully."
"Yes, Mulder."
"You'd better buy a going away gift for Hot Karl..."
"Shut up, Mulder."

 

[spidey07]

So you went from one extreme to the other? Nothing more puritanical then a reformed hedonist? You think this order will let INTERPOL arrest American citizens without extradition?

I'll be honest, I don't know what the real implications of this are. I would like to understand them. Given Obama's history I'm suspect.

It just doesn't pass the sniff test considering Obama's previous stated goals.

 

[JSt0rm]

I'll be honest, I don't know what the real implications of this are. I would like to understand them. Given Obama's history I'm suspect.

It just doesn't pass the sniff test considering Obama's previous stated goals.

What are obama's stated goals?

 

[JohnOfSheffield]

http://www.whitehouse.gov/the-press-office/executive-order-amending-executive-order-12425

AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL
AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO
ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words "except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act" and the semicolon that immediately precedes them.

BARACK OBAMA

THE WHITE HOUSE,
December 16, 2009.

http://codes.lp.findlaw.com/uscode/22/7/XVIII/288a

22 U.S.C. § 288a : US Code - Section 288A: Privileges, exemptions, and immunities of international organizations

International organizations shall enjoy the status, immunities,
exemptions, and privileges set forth in this section, as follows:
(a) International organizations shall, to the extent consistent
with the instrument creating them, possess the capacity -
(i) to contract;
(ii) to acquire and dispose of real and personal property;
(iii) to institute legal proceedings.
(b) International organizations, their property and their assets,
wherever located, and by whomsoever held, shall enjoy the same
immunity from suit and every form of judicial process as is enjoyed
by foreign governments, except to the extent that such
organizations may expressly waive their immunity for the purpose of
any proceedings or by the terms of any contract.
(c) Property and assets of international organizations, wherever
located and by whomsoever held, shall be immune from search, unless
such immunity be expressly waived, and from confiscation. The
archives of international organizations shall be inviolable.
(d) Insofar as concerns customs duties and internal-revenue taxes
imposed upon or by reason of importation, and the procedures in
connection therewith; 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.


http://corner.nationalreview.com/post/?q=MGY3MTI4YTRjZmYwMGU1ZjZhOGJmNmQ0NmJiZDNmMDY=

Wednesday, December 23, 2009

Why Does Interpol Need Immunity from American Law? [Andy McCarthy]

You just can't make up how brazen this crowd is. One week ago, President Obama quietly signed an executive order that makes an international police force immune from the restraints of American law.

Interpol is the shorthand for the International Criminal Police Organization. It was established in 1923 and operates in about 188 countries. By executive order 12425, issued in 1983, President Reagan recognized Interpol as an international organization and gave it some of the privileges and immunities customarily extended to foreign diplomats. Interpol, however, is also an active law-enforcement agency, so critical privileges and immunities (set forth in Section 2(c) of the International Organizations Immunities Act) were withheld. Specifically, Interpol's property and assets remained subject to search and seizure, and its archived records remained subject to public scrutiny under provisions like the Freedom of Information Act. Being constrained by the Fourth Amendment, FOIA, and other limitations of the Constitution and federal law that protect the liberty and privacy of Americans is what prevents law-enforcement and its controlling government authority from becoming tyrannical.

On Wednesday, however, for no apparent reason, President Obama issued an executive order removing the Reagan limitations. That is, Interpol's property and assets are no longer subject to search and confiscation, and its archives are now considered inviolable. This international police force (whose U.S. headquarters is in the Justice Department in Washington) will be unrestrained by the U.S. Constitution and American law while it operates in the United States and affects both Americans and American interests outside the United States.

Interpol works closely with international tribunals (such as the International Criminal Court — which the United States has refused to join because of its sovereignty surrendering provisions, though top Obama officials want us in it). It also works closely with foreign courts and law-enforcement authorities (such as those in Europe that are investigating former Bush administration officials for purported war crimes — i.e., for actions taken in America's defense).

Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?



Can anyone give me a reasonable explanation why we would need to do this?

Technically Interpol has always had the authority to do this so it doen't really change anything.

I suppose the US is the YEEEHAW nation that wants to stand outside and at the same time be included in the world community but that's not going to happen.

You huff and you puff but all you are capable of without support is a whiff or whiskey breath. (remember who went first in both locations in Afghanistan and Iraq, it was not American troops).

Perhaps it's good to wisen up and realise that when NATO is disassembled you'll be the small player on the field and that while you demand international support for war criminals (including secret prisons in easter Europe who are so used to getting bought they didn't even flinch when you asked them) being extradited you should perhaps agree to the terms of the treaty that does that?

 

[spidey07]

What are obama's stated goals?

You must not have been listening to that fucker. It's very clear and comes from his own big fat lipped mouth.

Fundamentally changing America. Fuck Barrack Huessein Obama.

 

[JSt0rm]

You must not have been listening to that fucker. It's very clear and comes from his own big fat lipped mouth.

Fundamentally changing America. Fuck Barrack Huessein Obama.

Can you give me 3?

 

[JohnOfSheffield]

You must not have been listening to that fucker. It's very clear and comes from his own big fat lipped mouth.

Fundamentally changing America. Fuck Barrack Huessein Obama.

What you mean is not selling out America by loans that are given as gifts without pay rates and no payback time what so ever a la GW? A nation that takes responsibility and acts responsibly in a world community that its a part of?

Yeah, that sounds different from "with us or against us, either way, we'll make sure other nations are somewhat with us by paying them with the money our nation so desperately needs" but i'm not so sure that the YEEHAW George US was ever "how the US is, fundamentally).

Of course, when it comes to ideology and people who care more about that than actual actions... The US is changing and it's a good thing too.

All talk wasn't a good solution under a twat of a president and this man of a president you have now has the intelligence to understand that, good for him, good for you.

 

[whylaff]

Interpol is a membership organization that shares information between its members. Any reference to officers or law enforcement refers to the particular law enforcement agencies in that country, not Interpol itself. Law enforcement that communicates through the organization is thought of as a representative of where ever they are coming from.

The purpose of the IOIA was to protect the United States and secure a more prominent role in international organizations post-WWII. The lack of immunity creates a liability for the United States, where problems of other members can be our responsibility to deal with, especially if other countries have granted immunity. Example: Someone sues Interpol for something that happened in another country, via the United States Courts. I would imagine this action has its origins from a Supreme Court case last year, a case involving an individual who sued Iran and Interpol’s increasing role in exploited/kidnapped children cases on an international level—the case in Brazil is one example where Interpol would be utilized if they fled with the kid instead of returning him. Just my thoughts…I could be wrong.

Regardless of the reasons for the executive order, in the United States, the actions of law enforcement are still subject to the same Constitutional restrictions they always were—it changes nothing in that regard. Further, immunity is not something that is a “get out of Court and evidence sharing free card,” if Interpol was to be sued in the United States. The burden is still on them to prove that their immunity should prevent them from having to do or share something—and the Court can disagree.

 

[Gonad the Barbarian]

You must not have been listening to that fucker. It's very clear and comes from his own big fat lipped mouth.

Fundamentally changing America. Fuck Barrack Huessein Obama.

Careful, your racism is showing.

 

[Modelworks]

And now they don't have to.

So where is this interpol training academy ? Where does one go to become an interpol officer ? They can't send interpol police officers because they do not have any.

Read the rules they are bound by:

International organizations shall, to the extent consistent
with the instrument creating them

Meaning that just because interpol uses the local fbi office to do an arrest does not suddenly give the fbi new powers or the ability to do anything that they could not already do. A good example of this was the world child porn arrest that happened earlier. Interpol got a list of child porn providers all around the world, then at one time had police forces from various countries coordinate to take them all down in one day. They didn't send police to each country, they merely coordinated it using police already in the country. Any country can say no.

 

[nobodyknows]

So you went from one extreme to the other? Nothing more puritanical then a reformed hedonist? You think this order will let INTERPOL arrest American citizens without extradition?

I'm more worried about them shooting someone, not arresting someone.

 

[wiretap]

Nothing is stopping them from having anyone work for them under their name. They don't need a training academy or official officers by name and title.

The main reason you have pre-fact immunity granted like this is so someone else can carry out your middle of the night snatch and grab dirty work. Hey, we're not the ones doing the unconstitutional work now, are we. We only created a loophole that was intended for something else not of negative consequences...

But of course, nobody will ever see that, they'll only take the government for their word and see it was created for a 'good cause'. Everyone can go back to sleep now, you're safe.

 

[Sclamoz]

You must not have been listening to that fucker. It's very clear and comes from his own big fat lipped mouth.

Fundamentally changing America. Fuck Barrack Huessein Obama.

The United States has been fundamentally changed many times, its what has gotten us to where we are. I suppose we should go back to living like it was 1776?

 

[nobodyknows]

Technically Interpol has always had the authority to do this so it doen't really change anything.

I suppose the US is the YEEEHAW nation that wants to stand outside and at the same time be included in the world community but that's not going to happen.

You huff and you puff but all you are capable of without support is a whiff or whiskey breath. (remember who went first in both locations in Afghanistan and Iraq, it was not American troops).

Perhaps it's good to wisen up and realise that when NATO is disassembled you'll be the small player on the field and that while you demand international support for war criminals (including secret prisons in easter Europe who are so used to getting bought they didn't even flinch when you asked them) being extradited you should perhaps agree to the terms of the treaty that does that?

As usual you are the one doing all the huffing and puffing. If it wasn't for us you'd being saying "Heil Hitler" instead of "God save the Queen".

 

[KMFJD]

as usual you are the one doing all the huffing and puffing. If it wasn't for us you'd being saying "heil hitler" instead of "god save the queen".

usa! Usa! Usa!

 

[CanOWorms]

As usual you are the one doing all the huffing and puffing. If it wasn't for us you'd being saying "Heil Hitler" instead of "God save the Queen".

More people were killed, enslaved, raped, and looted under the Queen's tyranny than Hitler. If the choice was only between Heil Hitler and God save the Queen, then Hitler may be the lesser evil.

 

[Fern]

National Review is a bad joke. You need to go elsewhere for your info, as we do to get the reason for this Executive Order.
-snip-

OK, what have these other sources claimed as the purpose for this?

(I see you have several posts, but nothing as to the purpose).

Fern

 

[Fern]

-snip-

Read the rules they are bound by:

International organizations shall, to the extent consistent
with the instrument creating them

Meaning that just because interpol uses the local fbi office to do an arrest does not suddenly give the fbi new powers or the ability to do anything that they could not already do. A good example of this was the world child porn arrest that happened earlier. Interpol got a list of child porn providers all around the world, then at one time had police forces from various countries coordinate to take them all down in one day. They didn't send police to each country, they merely coordinated it using police already in the country. Any country can say no.

I disagree, in a sense.

You've bolded the wrong section. I do agree that this does not extend immunity to the FBI, but's because it is not an international organization like INTERPOL. Has nothing to do with "the instrument creating them" (which refers to INTERPOL, not the FBI in this case). But this may not be merely a semantical, or technical legal, distinction.

INTERPOL is given the ability to "contract", and often the privileges of an agency such as INTERPOL may well extend to those whom it contracts with.

E.g., attorneys have the client-attorney privilege type immunity. Attorney records and other info cannot be subpeaned etc. Some time ago the courts ruled that CPA's do not have this privilege. However, if the attorney contracts directly with the CPAs (instead of the defendant) the attorney's client-attorney privilege then extends to the CPA's and their records. (The CPAs cannot be compelled to testify either)

I.e., if INTERPOL contracts with the FBI, they (FBI) may be brought under INTERPOL's immunity.

IMO, this change has meaning. #1 You don't change rules for no reason. And #2 I doubt the attorneys under Reagan felt it no big deal, but decided to deny such privilige to INTERPOL just 'for the heck of it'.

I'm dissapointed the MSM isn't covering this.

Fern

 

[Hayabusa Rider]

I haven't had much of a chance to read up on this for context, but Obama cannot legally deprive US citizens of Constitutional protections. Period. If that means Interpol would be able to circumvent our rights, then that cannot be allowed. Period.

And that's the end of the story.

Oh, and screw anyone who says that US citizens need to be punished because of Iraq. China -->

 

[wwswimming]

looks like Obama is trying to keep up with Bush.