OBAMA’S INTERPOL EXECUTIVE ORDER #12425 IS A RECKLESS MOVE ON HIS PART…
In 1983, President Reagan signed Executive Order 12425:
By virtue of the authority vested in me as President by the Constitution and statutes of the United States, including Section 1 of the International Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 288), it is hereby ordered that the International Criminal Police Organization (INTERPOL), in which the United States participates pursuant to 22 U.S.C. 263a, is hereby designated as a public international organization entitled to enjoy the privileges, exemptions and immunities conferred by the International Organizations Immunities Act; except those provided by Section 2(c), the portions of Section 2(d) and Section 3 relating to customs duties and federal internal-revenue importation taxes, Section 4, Section 5, and Section 6 of that Act. This designation is not intended to abridge in any respect the privileges, exemptions or immunities which such organization may have acquired or may acquire by international agreement or by Congressional action.
Through EO 12425, President Reagan extended to INTERPOL recognition as an "International Organization." In short, the privileges and immunities afforded foreign diplomats was extended to INTERPOL. Two sets of important privileges and immunities were withheld: Section 2(c) (presented in full text above), and the remaining sections cited (all of which deal with differing taxes).
And then comes December 17, 2009, and President Obama. The exemptions in EO 12425 were removed:
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.
What does this mean? It means that 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."
INTERPOL, an international criminal police organization, is now poised to reside above the United States Constitution – in a place of sanctity beyond our FBI, CIA, DIA, and all other criminal investigatory domestic organizations.
President Obama has just placed our Constitutional rights under international law.
Obama Executive Order Alters Your Legal Protections
by Floyd and Mary Beth Brown
With the signing of an under-publicized amendment to Executive Order 12425, Barack Obama has fundamentally altered your constitutional rights. His actions are undermining your rights to protect personal privacy from a foreign internationalist police agency named Interpol. A one-paragraph executive order may seem inconsequential to many, but this action has far reaching implications and threatens the sovereignty of America.
Obama’s secretive Executive Order amended an order issued by President Reagan in 1983. Reagan’s order recognized Interpol as an International Organization and gave it privileges and immunities commonly extended to foreign diplomats. Reagan opened the door to allow Interpol to operate in partnership with the U.S. but with significant constitutional safeguards. Specifically, Interpol’s property and assets remained subject to search and seizure by American law enforcement, and its archived records remained subject to public scrutiny under provisions of the Freedom of Information Act. Interpol had to answer to the FBI and U.S. courts under Reagan’s order. These safeguards were stripped away by Obama’s action the week before Christmas without debate or explanation. Obama picked the holiday season to make this radical change to minimize media coverage.
This order marks a significant change in federal policy and usurps the constitutional power of our government by yielding it to an international organization. Michael van Der Galien writes, "This foreign law enforcement organization can operate free of an important safeguard against government and abuse. Property and assets, including the organization’s records, cannot now be searched or seized. Their physical operational locations are now immune from U.S. legal and investigative authorities."
Obama has given an international organization unsupervised freedom to investigate Americans on our own soil without recourse or the supervision of our own government.
Andy McCarthy writing for the National Review asks some very significant questions: "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?"
Interpol is the enforcement arm of the International Criminal Court (ICC). The United States never signed onto the Rome Treaty which created the ICC because of the potential for abuse by foreign interests. Obama has signaled he may sign the treaty over these objections and subject Americans to prosecution overseas in the ICC. This is harmful for two reasons. First, the U.S. Constitution clearly states that it is the supreme law of our land and allowing the ICC to supersede the U.S. Constitution violates America’s sovereignty. Second, the War on Terror is unpopular with Europeans and the ICC may attempt to prosecute heroic American soldiers with trumped up war crimes. Obama is putting brave American men and women at grave risk.
An added wrinkle to this executive order is that Interpol’s operations center for the United States is housed within our own Justice Department. Many of the agents are Americans who work under the aegis of Interpol. This order has potentially created the new civilian security force that Obama proposed during his campaign. This group of law enforcement officials is no longer subject to the restraints enshrined in the U.S. Constitution.
The order guarantees that Interpol officers have immunity from prosecution for crimes they may commit in the United States. Ironically, some Interpol nations are attempting to try American intelligence agents for their work abroad in the War on Terror.
This order shows blatant disregard for the U.S. Constitution. While Obama is extending due process rights to terrorists he is weakening those same rights for American citizens. If a citizen were to be prosecuted by Interpol their newly granted immunity would interfere with the discovery process. Since Interpol files are immune to disclosure, a citizen could be denied his right to see the information used to prosecute him or her.
Obama’s executive order has done more to weaken civil liberties than the much maligned Patriot Act. The silence in the mainstream media on this issue should scare all freedom loving Americans. Obama just signed away parts of our precious legal protections.