BMEWS
 
Sarah Palin is the other whom Yoda spoke about.

calendar   Friday - November 14, 2014

Presidential Memorandum/Executive Order - Obama Style

This one is a little complex, so please bear with me.

There is speculation about when Obama is going to implement amnesty for illegal aliens with an executive order and what that order might look like.  Here is a real example of how Obama uses executive orders to change the law.

From CNS News (h/t Drudge), we have this piece: 
Obama Indemnifies Gov’t Contractors From Damages Arising from Importing Ebola to US

It seems sort of odd that our President would protect a contractor from the consequences of endangering the American public, but it’s real.  My first thought was to wonder why something like this is necessary.  I’d also like to know who is going to benefit, why did Obama prepare and sign this memorandum?

Here’s the actual Presidential Memorandum:

Presidential Memorandum—Authorizing the Exercise of Authority Under Public Law 85-804

Presidential Memorandum—Authorizing the Exercise of Authority Under Public Law 85-804
MEMORANDUM FOR THE ADMINISTRATOR OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT

SUBJECT:  Authorizing the Exercise of Authority Under Public Law 85-804

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:

The Administrator of the United States Agency for International Development (USAID) is authorized to exercise authority under Public Law 85-804, as amended (50 U.S.C. 1431 et seq.), to the same extent and subject to the same conditions and limitations as the head of an executive department or agency listed in section 21 of Executive Order 10789 of November 14, 1958, as amended, with respect to contracts performed in Africa in support of USAID’s response to the Ebola outbreak in Africa where the contractor, its employees, or subcontractors will have significant exposure to Ebola.  This authority may be exercised solely for the purpose of holding harmless and indemnifying contractors with respect to claims, losses, or damage arising out of or resulting from exposure, in the course of performance of the contracts, to Ebola.

The USAID is exercising functions in connection with the national defense in the course of complying with its humanitarian mandate, and there is a relevant state of national emergency that authorizes use of Public Law 85-804.  I deem that the authorization provided in this memorandum and actions taken pursuant to that authorization would facilitate the national defense.

This memorandum 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.

You are hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

Obama cites Public Law 85-804 as his authority.  That law was written in 1958.  It seems to give authority for expediting certain small contracts, streamlining or eliminating the bidding process and expediting payments.  It’s fairly short, only about a page and a half. 

Two items about Public Law 85-804 got my attention:  First, there is a requirement that a state of national emergency exist for the law to have effect.  I assume somewhere is the specific emergency Obama has in mind, but it’s not cited.  It underscores how little Obama needs to invoke a national emergency.

What I don’t find is anything preventing remedies in civil court.  Where does it permit anyone to prevent anyone else from suing for damages in court?  Doesn’t that infringe on our Constitutional Rights?

My brain is a little buggy today, so I might be missing something important.  I’d like you guys to look this over and see if you can figure out how Public Law 85-804 gives Obama the authority for redefine the law in civil courts.

Anyone wishing to vent is encouraged to do so.  Just don’t violate the law on terrorist threats.  OK?


avatar

Posted by Dr. Jeff   United States  on 11/14/2014 at 06:06 PM   
Filed Under: • Miscellaneous •  
Comments (2) Trackbacks(0)  Permalink •  
Page 1 of 1 pages

Five Most Recent Trackbacks:

Once Again, The One And Only Post
(4 total trackbacks)
Tracked at iHaan.org
The advantage to having a guide with you is thɑt an expert will haѵe very first hand experience dealing and navigating the river with гegional wildlife. Tһomas, there are great…
On: 07/28/23 10:37

The Brownshirts: Partie Deux; These aare the Muscle We've Been Waiting For
(3 total trackbacks)
Tracked at head to the Momarms site
The Brownshirts: Partie Deux; These aare the Muscle We’ve Been Waiting For
On: 03/14/23 11:20

Vietnam Homecoming
(1 total trackbacks)
Tracked at 广告专题配音 专业从事中文配音跟外文配音制造,北京名传天下配音公司
  专业从事中文配音和外文配音制作,北京名传天下配音公司   北京名传天下专业配音公司成破于2006年12月,是专业从事中 中文配音 文配音跟外文配音的音频制造公司,幻想飞腾配音网领 配音制作 有海内外优良专业配音职员已达500多位,可供给一流的外语配音,长年服务于国内中心级各大媒体、各省市电台电视台,能满意不同客户的各种需要。电话:010-83265555   北京名传天下专业配音公司…
On: 03/20/21 07:00

meaningless marching orders for a thousand travellers ... strife ahead ..
(1 total trackbacks)
Tracked at Casual Blog
[...] RTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPL [...]
On: 07/17/17 04:28

a small explanation
(1 total trackbacks)
Tracked at yerba mate gourd
Find here top quality how to prepare yerba mate without a gourd that's available in addition at the best price. Get it now!
On: 07/09/17 03:07



DISCLAIMER
Allanspacer

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:
  1. Keep a firm grasp of Right and Wrong
  2. Stay involved with government on every level and don't let those bastards get away with a thing
  3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
  4. Keep talking to each other, whether here or elsewhere
It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.


Copyright © 2004-2015 Domain Owner



GNU Terry Pratchett


Oh, and here's some kind of visitor flag counter thingy. Hey, all the cool blogs have one, so I should too. The Visitors Online thingy up at the top doesn't count anything, but it looks neat. It had better, since I paid actual money for it.
free counters