Executive Order: Establishment of the Council of Governors
Note: The Executive Order (EO) below raises several questions:
See links to articles and comments HERE
THE WHITE HOUSE Office of the Press Secretary (January 11, 2010)
ESTABLISHMENT OF THE COUNCIL OF GOVERNORS
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1822 of the National Defense Authorization Act of 2008 (Public Law 110-181), and in order to strengthen further the partnership between the Federal Government and State governments to protect our Nation and its people and property, it is hereby ordered as follows:
Section 1. Council of Governors.
(a) There is established a Council of Governors (Council). The Council shall consist of 10 State Governors appointed by the President (Members), of whom no more than five shall be of the same political party. The term of service for each Member appointed to serve on the Council shall be 2 years, but a Member may be reappointed for additional terms.
(b) The President shall designate two Members, who shall not be members of the same political party, to serve as Co-Chairs of the Council.
Sec. 2. Functions. The Council shall meet at the call of the Secretary of Defense or the Co-Chairs of the Council to exchange views, information, or advice with the Secretary of Defense; the Secretary of Homeland Security; the Assistant to the President for Homeland Security and Counterterrorism; the Assistant to the President for Intergovernmental Affairs and Public Engagement; the Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs; the Commander, United States Northern Command; the Chief, National Guard Bureau; the Commandant of the Coast Guard; and other appropriate officials of the Department of Homeland Security and the Department of Defense, and appropriate officials of other executive departments or agencies as may be designated by the Secretary of Defense or the Secretary of Homeland Security. Such views, information, or advice shall concern:
(a) matters involving the National Guard of the various States;
(b) homeland defense;
(c) civil support;
(d) synchronization and integration of State and Federal military activities in the United States; and
(e) other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities.
Sec. 3. Administration.
(a) The Secretary of Defense shall designate an Executive Director to coordinate the work of the Council.
(b) Members shall serve without compensation for their work on the Council. However, Members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law.
(c) Upon the joint request of the Co-Chairs of the Council, the Secretary of Defense shall, to the extent permitted by law and subject to the availability of appropriations, provide the Council with administrative support, assignment or detail of personnel, and information as may be necessary for the performance of the Council's functions.
(d) The Council may establish subcommittees of the Council. These subcommittees shall consist exclusively of Members of the Council and any designated employees of a Member with authority to act on the Member's behalf, as appropriate to aid the Council in carrying out its functions under this order.
(e) The Council may establish a charter that is consistent with the terms of this order to refine further its purpose, scope, and objectives and to allocate duties, as appropriate, among members.
Sec. 4. Definitions. As used in this order:
(a) the term "State" has the meaning provided in paragraph (15) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(15)); and
(b) the term "Governor" has the meaning provided in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 O.K.. 5122(5)).
(a) Nothing in this order shall be construed to impair or otherwise affect:
(1) the authority granted by law to a department, agency, or the head thereof; or
(2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
Sec. 5. General Provisions.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE, January 11, 2010.
Links, Articles and Comments
New council to advise on 'military activities' in U.S.: "The recent order, posted on the White House website, was accompanied by the explanation that the group is to work 'to protect our nation against all types of hazards.' It comes just weeks after the president issue a similarly obscure order vastly expanding INTERPOL's privileges in the U.S. ...Can the council recommend 'military activities' and can the governors, who already are in command of their own state guard units, mandate activities outside of their areas of jurisdiction?...
"'...it was the 'first step towards martial law in America' because it sets up the 'use of federal troops and the combination of state and federal agencies under the Defense Department.' ...the order appears to be in defiance of posse comitatus, which restricts U.S. military action within the United States."
New council to advise on 'military activities' in U.S: "The recent order, posted on the White House website, was accompanied by the explanation that the group is to work 'to protect our nation against all types of hazards.' It comes just weeks after the president issue a similarly obscure order vastly expanding INTERPOL's privileges in the U.S. ...
"Can the council recommend 'military activities' and can the governors, who already are in command of their own state guard units, mandate activities outside of their areas of jurisdiction? ...
"...the ThreatsWatch.org website... said the order will lead to further erosions of American sovereignty. 'In light of what we know and can observe, it is our logical conclusion that President Obama's Executive Order amending President Ronald Reagans' 1983 EO 12425 and placing INTERPOL above the United States Constitution and beyond the legal reach of our own top law enforcement is a precursor to more damaging moves.'... 'When the paths on the road map converge – Iraq withdrawal, Guantánamo closure... and an empowered INTERPOL in the United States – it is probable that President Barack Obama will once again make America a signatory to the International Criminal Court. It will be a move that surrenders American sovereignty to an international body whose INTERPOL enforcement arm has already been elevated above the Constitution.... For an added and disturbing wrinkle, INTERPOL's central operations office in the United States is within our own Justice Department offices. They are American law enforcement officers working under the aegis of INTERPOL within our own Justice Department.'...
"Blogger Nicholas Contompasis suggested it was the 'first step towards martial law in America' because it sets up the 'use of federal troops and the combination of state and federal agencies under the Defense Department.'"
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