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It does invoke laws passed by Congress, one which specifically grants powers to the President: 50 U.S. Code § 1702 - Presidential Authorities [0]: (1) At the
by valar_m 12y ago
It does invoke laws passed by Congress, one which specifically grants powers to the President:
50 U.S. Code § 1702 - Presidential Authorities [0]:
(1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise—
(B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States;
[0] https://www.law.cornell.edu/uscode/text/50/1702 https://www.law.cornell.edu/uscode/text/50/1702
- tptacek 12y agoYes, and 50 USC 1702 is limited to foreign transactions and actors. You can't have your assets frozen under IEEPA merely for publishing POODLE. You have to write POODLE on behalf of China for this to matter to you.
- valar_m 12y agoCitation? Because that's not what the EO says: to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any activity described in subsections (a)(i) or (a)(ii)(A) According to the EO, you only need to "provide technological support." And what does that entail? Whatever the Secretary of Treasury and AG decide it does.
- tptacek 12y agoOnce again: the EO can only do what the IEEPA allows it to do. It does not matter what the EO says: if it conflicts with (or, in this case, is simply vague about) something in the IEEPA, it's the IEEPA that controls. Look at your own citation (50 USC 1702 is part of IEEPA); it's right there in the text. This has come up before in US law --- executive orders w/r/t IEEPA --- before, by the way.
- tptacek 12y ago(I didn't downvote you and don't think anything you wrote deserves a downvote, for what it's worth).