Sunday, March 25, 2012


Commentary by Peter M. Friedman

On March 16, 2012 President Barack Hussein Obama signed an Executive Order claiming full authority over all activities within the United States. These activities include all transportation, energy, agriculture, homeland security, as well as the authority over all resources within the United States and their specific allocation. The Executive Order further creates additional bureacracies delegated to his immediate Cabinet members as well as a new National Defense Executive Reserve (NDER) “composed of persons of recognized expertise from various segments of the private sector…” [Section 501]

This Executive Order by Obama draws on the original “Defense Production Act of 1950”, [50 U.S.C. App. 2061] This was an act of Congress, which is why it is called an “Act”. It is legislation drafted and approved by Congress, and signed into law by President Harry Truman in 1950.
I have been an aviation Defense Contractor since 1965. During Vietnam I received military aircraft parts contracts that carried Defense Priority ratings as critical materials. The usual rating was “DOA1C”, which allowed me, as a contractor for critical materials, to claim priority with my suppliers of raw materials and processing services over any commercial customers. The Defense Priority rating system was the result of the “Defense Production Act of 1950”, with the specific rating system codified into the Federal Acquisition Regulations (FAR). To this day I receive orders from the military subject to the rating system.

The “Defense Production Act of 1950” is reauthorized each year by Congress. It was created and implemented after WW2 to assure that appropriate resources would be identified and available to the United States should there ever be a national emergency again. The Korean War a few years later certainly proved the value of the “Defense Production Act of 1950”. Again, it is legislation that was created by Congress, approved by Congress, and amended by Congress. In each case of reauthorization it has been appropriately signed by the sitting President of the United States.

One of the more recent amendments to the “Defense Production Act of 1950” included the
requirement to utilize Small Business as much as possible in the procurement of critical goods and services in a national defense emergency, as well as the production of critical goods to be stockpiled.
There is one critical prohibition that has been a part of the “Defense Production Act of 1950”,
[50 U.S.C App. 2074], section 104 entitled, “Limitation on Actions without Congressional Authorization”. This prohibition provides in paragraph (a) that there can be no “imposition of wage or price controls without prior authorization of such action by a joint resolution of Congress.” Paragraph (b) is far more interesting! “No provision [of the Act]…shall be exercised or interpreted to require action or compliance by any private person to assist in any way in the production of or other involvement in chemical of biological warfare capabilities…”

In section 105 of the “Defense Production Act of 1950” it prohibits the President from rationing gasoline unless authorized by Congress.

Section 106 identifies “Energy” as “strategic and critical material”. However, once again, the President is prohibited, unless authorized by Congress, from engaging in any new authority for “the mandatory allocation or pricing of a fuel or feedstock (including, but not limited to, crude oil, residual fuel oil, any refined petroleum product, natural gas, or coal) or electricity or any other form of energy; or…”

“…the production of energy in any manner whatsoever (such as oil and gas exploration and development, or any energy facility construction), except as expressly provided in sections 305 and 306 [50 U.S.C. App. 2095 and 2096] for SYNTHETIC FUEL PRODUCTION” [my

The “Defense Production Act of 1950” does provide the authority to the President to “provide appropriate incentives to develop, maintain, modernize, and expand the productive capacities of domestic sources for critical components, critical technology items, and industrial resources essential for the execution of the national security strategy of the United States.”

Now armed with the original Congressional intent of the “Defense Production Act of 1950” as amended, what does Obama’s Executive Order do that he signed on March 16, 2012?
1. Obama’s Executive Order completely byasses and ignores the Congress of the United
States in direct violation of the “Defense Production Act of 1950”!
2. Obama’s Executive Order completely ignores the prohibitions of Presidential authority in the “Defense Production Act of 1950”!
3. Obama’s Executive Order creates Presidential authorities that do not exist in the
“Defense Production Act of 1950”, and not authorized by Congress!

This Executive Order signed by Obama on March 16, 2012 is tantamount to the “Executive
Orders” issued by Adolf Hitler after assuming dictatorial power in Germany in 1933, Josef Stalin after assuming dictatiorial power in Russia, Moussilini after assuming dictatorial power in Uitaly, and Mao after assuming dictatorial power in China.

In short, Obama’s Executive Order claims Presidential authority over all resources and
technology of the United States reserving that authority strictly to the Executive Branch of our American government. The frightening part of the Order is that it intends it to apply “in peacetime and in national emergency.” [Section 102]

The Order further extends its authority over all “subcontractors and suppliers,, materials, skilled labor, and professional and technical personnel.” [Section 103(b)] As previously prohibited by Congress in the original Act, Obama now claims the authority to force “action or compliance by any private person to assist in any way in the production of or other involvement in chemical of biological warfare capabilities…” If Obama decided he wants my aviation repair business, he
can take it under his new Executive Order, as well as force me to continue my ownership under
his specific direction! He can now demand this either in peacetime or in the case of national security emergency.

The direct delegation authority of Obama’s Executive Order confers the same authority on the Secretaries of State, Treasury, Defense, Interior, Agriculture, Commerce, Labor, Transportation, Health and Human Services, Energy, Homeland Security, the Attorney Genberal, Director of National Intelligence, Director of the CIA, Chairman of the Council of Economic Advisors, Administrator of NASA, and the Administrator of General Service. [Section 701] To make matters worse, each agency head has the delegated authority under Obama’s Executive Order to implement “standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions.” [Section 201(6)(b)]

In order to implement these standards and procedures by agency heads, they are authorized to either guarantee loans, or make direct cash loans to “subcontractors and suppliers, materials, skilled labor, and professional and technical personnel.” [Section 302] They are also authorized to bypass the requirement to utilize Small Business in their discretion.

Connecting the “dots” makes Obama’s new Executive Order very intriguing. Things like this do not occur in a vacuum. There are always connected events!

Last week an ammunition manufacturer, ATK, issued a press release announcing an order from Homeland Security for 450 MILLION rounds of .40 caliber pistol ammunition. You don’t have to belong to the NRA to know that .40 caliber ammo is ONLY used by law enforcement, not the military, which uses 9mm and .45ACP pistol ammo. The .40 caliber is used by local, state and Federal law enforcement such as Secret Service, FBI, Treasury, Border Patrol, etc. State National Guard units do not use .40 caliber ammo either. What does Homeland Security know? What are they preparing for? It IS an election year with the most anti-American President ever trying to get re-elected!

Let’s add another “dot”! Obamacare [HR 3590] creates, in Section 5210, a “Ready Reserve Corps” of “commissioned” officers equal to military commissioned officers, and mandates the required funding to get it started. It even states that these Obamacare commissioned officers can, if necessary, be incorporated into the military command structure if necessary. Is there some nexus between the Ready Reserve Corps and its authority to capture and quarantine Americans under specific conditions, the order to ATK for 450 MILLION rounds of .40 caliber law enforcement ammunition, and Obama’s new Executive Order?

This election year, 2012, will be the ugliest since the election of 1800 between Jefferson, Adams, and Burr! Obama has enabled the Left, the unionists, the Communists, the Socialists, the Progressives, the Black community, culminating in the “Occupy” movement, which undoubtedly will turn violent sometime during the Summer. Obama has polarized America by referring to “haves and have nots”, supporting the “99%” against the “1%” to pander for votes. As Alexis deTocqueville stated in 1838 in his seminal work, “Democracy in America”, “When the people discover they can vote themselves money from the public treasury, the [American] experiment will be over!” We have reached that point! When 50% of the people are getting some handout from the government, such as Social Security, Medicare, Medicaid, Obamacare, food stamps, student loans, etc., they will ALWAYS vote for those in power who provide the handouts! This is not rocket science. However, as Prime Minister Thatcher once said, “Socialism is great until the government runs out of other people’s money!”

Make no mistake, Obama is gearing up the Federal law enforcement community to quell the forthcoming civilian unrest before AND after the coming election! Prior to the election there will be protests [now prohibited as of last week by Congress!] and violence by the Leftists, the unionists, the Communists, the Socialists, the Progressives, the Black community, and the “Occupy” movement. If Obama is NOT re-elected, there will be protests [now prohibited as of last week by Congress!] and violence by the Left, the unionists, the Communists, the Socialists, the Progressives, the Black community, and the “Occupy” movement. The rest of us must prepare for this inevitability and take action to protect our families and our property.

Glenn Beck put it very well when he described the coming events as, “Bottom up, Top down, Inside out!” Once the unrest begins, the population will demand that the government stabilize the situation, thus Obama’s new Executive Order to exercise control over everything!


Bullgooseloney said...

What are the conservatives going to do? Go underground and hope that it goes away? Make sure they have food, water weapons ammunition and a place to store it, as well as the family. But, what about those who can't afford the underground, air conditioned homes with three bedrooms, all with full bathes, plus, living room, dining rm and, huge storage area to store food water, weapons laundry rm, ect.. I would hope that there will be help for those, so that we don't have to throw them to the wolves to fend for theirselves.

GS Don Morris, Ph.D./Chana Givon said...

The same irrational, emotional response-instead of addressing the issue, you choose to word smith an absurd extreme-thank you for once again demonstrating your plan of misplaced logic.