Sunday, January 3, 2010

More on Diplomatic Immunity to INTERPOL

More on the amendment of Executive Order 12425, done very very quietly by President Obama on December 16, 2009, as this blog mentioned in this post on December 31, 2009. The amendment, if you recall, will give full diplomatic immunity to INTERPOL.

Executive Order Amended to Immunize INTERPOL In America - Is The ICC Next? (Steve Schippert, Clyde Middleton, 12/23/09

The article, in its "Conclusion" section, has this to say:

"....... 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.

"The pre-requisite conditions regarding the Iraq withdrawal and the Guantanamo Bay terrorist detention facility closure will continue their course. meanwhile, the next move from President Obama is likely an attempt to dissolve the agreements made between President Bush and other states preventing them from turning over American military forces to the ICC (via INTERPOL) for war crimes or any other prosecutions.

"When the paths on the road map converge - Iraq withdrawal, Guantánamo closure, perceived American image improved internationally, 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 and American domestic law enforcement.

"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. That they now operate with full diplomatic immunity and with "inviolable archives" from within our own buildings should send red flags soaring into the clouds." [emphasis is mine]

American law enforcement officers working within the U.S. Justice Department? That I had to check.

It turns out that the article is correct. Within the U.S. Justice Department, there is indeed the U.S. National Central Bureau of INTERPOL (USNCB). On its "Who We Are" page, they say:

"The USNCB is a component of the U.S. Department of Justice, and is co-managed by the Departments of Justice and Homeland Security pursuant to a memorandum of understanding between the Departments.

"The USNCB is comprised of permanent employees of the Department of Justice and staff detailed from other agencies. Agents, including the USNCB Director and Deputy Director, are detailed to the USNCB from federal and state law enforcement agencies for specified terms. Agents at USNCB are assigned to work in divisions dedicated to specific investigative areas." [emphasis is mine]

The law enforcement agencies detailed to the USNBC are also listed, and they are:

  • Bureau of Alcohol, Tobacco Firearms, and Explosives (ATF)
  • Bureau of Customs and Border Protection (CBP)
  • U.S. Immigration and Customs Enforcement (ICE)
  • Drug Enforcement Administration (DEA)
  • Environmental Protection Agency (EPA)
  • Federal Bureau of Investigation (FBI)
  • Transportation Security Administration (TSA)
  • U.S. Coast Guard (USCG)
  • U.S. Department of State (DOS)
  • U.S. Food and Drug Administration (FDA)
  • U.S. Marshals Service (USMS)
  • U.S. Postal Inspection Service
  • U.S. Secret Service
(EPA and FDA?? Why not throwing in the rest of the executive branch? )

These American agents working for INTERPOL will now have full diplomatic immunity and won't be accountable under the U.S. Constitution.

(And since USNCB is conveniently located within the Justice Department, it would be very easy to move data/documents from the Justice Department to INTERPOL, thus making such data/documents protected by full diplomatic immunity. Oh but they wouldn't do such a thing, would they?)


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