1995-01-26 - Get ready to start breaking rocks for Herr Klinton

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From: Brad Dolan <bdolan@well.sf.ca.us>
To: cypherpunks@toad.com
Message Hash: 4bc342bc7c68da4e1c097606575091bb40c307bd3f17cd2025792a00725a085b
Message ID: <199501260630.WAA24101@well.sf.ca.us>
Reply To: N/A
UTC Datetime: 1995-01-26 06:30:50 UTC
Raw Date: Wed, 25 Jan 95 22:30:50 PST

Raw message

From: Brad Dolan <bdolan@well.sf.ca.us>
Date: Wed, 25 Jan 95 22:30:50 PST
To: cypherpunks@toad.com
Subject: Get ready to start breaking rocks for Herr Klinton
Message-ID: <199501260630.WAA24101@well.sf.ca.us>
MIME-Version: 1.0
Content-Type: text/plain


Sorry for the long post.  I cut it down as much as I could, but I 
think maybe people ought to read this.

As I understand it, one "terrorist" message through your remailer and
you're breaking rocks while some FBI jerk is playing Doom on your
PC.

Cheers,

Brad


Heil Bill!
- - - - - - - - - - begin included text - - - - - - - - - - - -
                     THE WHITE HOUSE
  
              Office of the Press Secretary
  
  _____________________________________________________
  
  For Immediate Release            January 24, 1995
  
  
                     EXECUTIVE ORDER
  
                      - - - - - - -
  
       PROHIBITING TRANSACTIONS WITH TERRORISTS WHO
    THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS
  
  
       By the authority vested in me as President by 
  the Constitution and the laws of the United States of 
  America, including the International Emergency 
  Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), 
  the National Emergencies Act (50 U.S.C. 1601 
  et seq.), and section 301 of title 3, United States 
  Code,
  
       I, WILLIAM J. CLINTON, President of the United 
  States of America, find that grave acts of violence 
  committed by foreign terrorists that disrupt the 
  Middle East peace process constitute an unusual and 
  extraordinary threat to the national security, 
  foreign policy, and economy of the United States, and 
  hereby declare a national emergency to deal with that 
  threat.
  
       I hereby order:
  
       Section 1.  Except to the extent provided in 
  section 203(b)(3) and (4) of IEEPA (50 U.S.C. 
  1702(b)(3) and (4)) and in regulations, orders, 
  directives, or licenses that may be issued pursuant 
  to this order, and notwithstanding any contract 
  entered into or any license or permit granted prior 
  to the effective date:  (a) all property and 
  interests in property of:
  
       (i)  the persons listed in the Annex to this 
  order;
  
       (ii) foreign persons designated by the Secretary 
       of State, in coordination with the Secretary of 
       the Treasury and the Attorney General, because 
       they are found:
  
       (A)  to have committed, or to pose a significant 
       risk of committing, acts of violence that have 
       the purpose or effect of disrupting the Middle 
       East peace process, or
  
       (B)  to assist in, sponsor, or provide 
       financial, material, or technological support 
       for, or services in support of, such acts of 
       violence; and
  
       (iii) persons determined by the Secretary of the 
       Treasury, in coordination with the Secretary of 
       State and the Attorney General, to be owned or 
       controlled by, or to act for or on behalf of, 
       any of the foregoing persons, that are in the 
       United States, that hereafter come within the 
       United States, or that hereafter come within the 
       possession or control of United States persons, 
       are blocked;
  
       (b)  any transaction or dealing by United States 
  persons or within the United States in property or 
  interests in property of the persons designated in or 
  pursuant to this order is prohibited, including the 
  making or receiving of any contribution of funds, 
  goods, or services to or for the benefit of such 
  persons;

       (c)  any transaction by any United States person 
  or within the United States that evades or avoids, or 
  has the purpose of evading or avoiding, or attempts 
  to violate, any of the prohibitions set forth in this 
  order, is prohibited.
  
       Sec. 2. For the purposes of this order:  (a) the 
  term "person" means an individual or entity;
  
       (b)  the term "entity" means a partnership, 
  association, corporation, or other organization, 
  group, or subgroup;
  
       (c)  the term "United States person" means any 
  United States citizen, permanent resident alien, 
  entity organized under the laws of the United States 
  (including foreign branches), or any person in the 
  United States; and
  
       (d)  the term "foreign person" means any citizen 
  or national of a foreign state (including any such 
  individual who is also a citizen or national of the 
  United States) or any entity not organized solely 
  under the laws of the United States or existing 
  solely in the United States, but does not include a 
  foreign state.
  
       Sec. 3.  I hereby determine that the making of 
  donations of the type specified in section 
  203(b)(2)(A) of IEEPA (50 U.S.C. 1702(b)(2)(A)) by 
  United States persons to persons designated in or 
  pursuant to this order would seriously impair my 
  ability to deal with the national emergency declared 
  in this order, and hereby prohibit such donations as 
  provided by section 1 of this order.
  
       Sec. 4.  (a) The Secretary of the Treasury, in 
  consultation with the Secretary of State and, as 
  appropriate, the Attorney General, is hereby 
  authorized to take such actions, including the 
  promulgation of rules and regulations, and to employ 
  all powers granted to me by IEEPA as may be necessary 
  to carry out the purposes of this order.  The 
  Secretary of the Treasury may redelegate any of these 
  functions to other officers and agencies of the 
  United States Government.  All agencies of the 
  United States Government are hereby directed to take 
  all appropriate measures within their authority to 
  carry out the provisions of this order.
  
       (b)  Any investigation emanating from a possible 
  violation of this order, or of any license, order, or 
  regulation issued pursuant to this order, shall first 
  be coordinated with the Federal Bureau of 
  Investigation (FBI), and any matter involving 
  evidence of a criminal violation shall be referred to 
  the FBI for further investigation.  The FBI shall 
  timely notify the Department of the Treasury of any 
  action it takes on such referrals.
  
       Sec. 5.  Nothing contained in this order shall 
  create any right or benefit, substantive or 
  procedural, enforceable by any party against the 
  United States, its agencies or instrumentalities, its 
  officers or employees, or any other person.
  
       Sec. 6.  (a) This order is effective at 12:01 
  a.m., eastern standard time on January 24, 1995.
  
       (b) This order shall be transmitted to the 
  Congress and published in the Federal Register.
  
  
       	    	      	   	WILLIAM J. CLINTON
  
  THE WHITE HOUSE,
      January 23, 1995.
  
  
                           more
                                  3
  
  
                                ANNEX
  
              TERRORIST ORGANIZATIONS WHICH THREATEN TO
                DISRUPT THE MIDDLE EAST PEACE PROCESS
  
  
  Abu Nidal Organization (ANO)
  
  Democratic Front for the Liberation of Palestine (DFLP)
  
  Hizballah
  
  Islamic Gama'at (IG)
  
  Islamic Resistance Movement (HAMAS)
  
  Jihad
  
  Kach
  
  Kahane Chai
  
  Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
  
  Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)
  
  Popular Front for the Liberation of Palestine (PFLP)
  
  Popular Front for the Liberation of Palestine-General Command 
  (PFLP-GC)
  
  
  
  
                               #  #  #
  




                     THE WHITE HOUSE
  
              Office of the Press Secretary
  
  _____________________________________________________
  
  For Immediate Release	   	 January 23, 1995
  
  
  
                     EXECUTIVE ORDER
  
                      - - - - - - -
  
     PRESIDENT'S ADVISORY BOARD ON ARMS PROLIFERATION 
			 POLICY
  
  
       By the authority vested in me as President by 
  the Constitution and the laws of the United States of 
  America, including section 1601 of the National 
  Defense Authorization Act, Fiscal Year 1994 (Public 
  Law 103-160), and the Federal Advisory Committee Act, 
  as amended (5 U.S.C. App. 2) ("Act"), except that 
  subsections (e) and (f) of section 10 of such Act do 
  not apply, and section 301 of title 3, United States 
  Code, it is hereby ordered as follows:
  
       Section 1.  Establishment.  There is established 
  within the Department of Defense the "President's 
  Advisory Board on Arms Proliferation Policy" 
  ("Board").  The Board shall consist of five members 
  who shall be appointed by the President from among 
  persons in private life who are noted for their 
  stature and expertise regarding the proliferation of 
  strategic and advanced conventional weapons and are 
  from diverse backgrounds.  The President shall 
  designate one of the members as Chairperson of the 
  Board.
  
       Sec. 2.  Functions.  The Board shall advise the 
  President on implementation of United States 
  conventional arms transfer policy, other issues 
  related to arms proliferation policy, and on other 
  matters deemed appropriate by the President.  The 
  Board shall report to the President through the 
  Assistant to the President for National Security 
  Affairs.
  
       Sec. 3.  Administration.  (a) The heads of 
  executive agencies shall, to the extent permitted by 
  law, provide to the Board such information as it may 
  require for the purpose of carrying out its 
  functions.
  
       (b) Members of the Board shall serve without 
  compensation, but shall be allowed travel expenses, 
  including per diem in lieu of subsistence, as 
  authorized by law, including 5 U.S.C. 5701-5707 and 
  section 7(d) of the Act, for persons serving 
  intermittently in government service.
  
       (c) The Department of Defense or the head of any 
  other Federal department or agency may detail to the 
  Board, upon request of the Chairperson of the Board, 
  any of the personnel of the department or agency to 
  assist the Board in carrying out its duties.  
  
       (d) The Secretary of Defense shall designate a 
  federally funded research and development center with 
  expertise in the matters covered by the Board to 
  provide the Board with such support services as the 
  Board may need to carry out its duties.
  
       (e) The Department of Defense shall provide the 
  Board with administrative services, facilities, 
  staff, and other support services necessary for the 
  performance of its functions.

       Sec. 4.  General.  (a) The Board shall terminate 
  30 days after the date on which the President submits 
  the final report of the Board to the Congress.
  
       (b) For reasons of national security or for such 
  other reasons as specified in section 552(b) of 
  title 5, United States Code, the Board shall not 
  provide public notice or access to meetings at which 
  national security information will be discussed.  
  Authority to make such determinations shall reside 
  with the Secretary of Defense or his designee who 
  must be an official required to be appointed by and 
  with the advice and consent of the Senate.
  
       (c) Information made available to the Board 
  shall be given all necessary security protection in 
  accordance with applicable laws and regulations.
  
       (d) Each member of the Board and each member of 
  the Board's staff shall execute an agreement not to 
  reveal any classified information obtained by virtue 
  of his or her service with the Board except as 
  authorized by applicable law and regulations.
  
  
  
  
       	    	      	   	     WILLIAM J. CLINTON
  



                     THE WHITE HOUSE
  
              Office of the Press Secretary
  
  _____________________________________________________
  
  For Immediate Release                January 24, 1995
  
  
  TO THE CONGRESS OF THE UNITED STATES:
  
  
       Pursuant to section 204(b) of the International 
  Emergency Economic Powers Act, 50 U.S.C. 1703(b) and 
  section 301 of the National Emergencies Act, 50 
  U.S.C. 1631, I hereby report that I have exercised my 
  statutory authority to declare a national emergency 
  with respect to the grave acts of violence committed 
  by foreign terrorists that threaten to disrupt the 
  Middle East peace process and to issue an Executive 
  order that:
  
  	    Blocks all property, including bank 
            deposits, of foreign persons or 
            organizations designated in the Executive 
            order or pursuant thereto, which is in the 
            United States or in the control of United 
            States persons, including their overseas 
            branches; and
  
  	    Prohibits any transaction or dealing by 
            United States persons in such property, 
            including the making or receiving of any 
            contribution of funds, goods, or services 
            to or for the benefit of such designated 
            persons.
  
       I have designated in the Executive order 
  12 foreign organizations that threaten to use 
  violence to disrupt the Middle East peace process.  I 
  have authorized the Secretary of State to designate 
  additional foreign persons who have committed, or 
  pose a significant risk of committing, acts of 
  violence that have the purpose or effect of 
  disrupting the Middle East peace process, or who 
  assist in, sponsor, or provide financial, material or 
  technological support for, or services in support of, 
  such acts of violence.  Such designations are to be 
  made in coordination with the Secretary of the 
  Treasury and the Attorney General.
  
       The Secretary of the Treasury is further 
  authorized to designate persons or entities that he 
  determines, in coordination with the Secretary of 
  State and the Attorney General, are owned or 
  controlled by, or acting for or on behalf 
  of, any of the foreign persons designated under this 
  order.  The Secretary of the Treasury is also 
  authorized to issue regulations in exercise of my 
  authorities under the International Emergency 
  Economic Powers Act to implement these measures in 
  consultation with the Secretary of State and the 
  Attorney General and to coordinate such 
  implementation with the Federal Bureau of 
  Investigation.  All Federal agencies are directed to 
  take actions within their authority to carry out the 
  provisions of the Executive order.
  
       I am enclosing a copy of the Executive order 
  that I have issued.  The order was effective at 12:01 
  a.m., eastern standard time on January 24, 1995.
  
       I have authorized these measures in response to 
  recurrent acts of international terrorism that 
  threaten to disrupt the Middle East peace process.  
  They include such acts as the bomb attacks in Israel 
  this past weekend and other recent attacks in Israel, 
  attacks on government authorities in Egypt, threats 
  against Palestinian authorities in the autonomous 
  regions, and the bombing of the Jewish Mutual 
  Association building in Buenos Aires, as well as the 
  car bomb at the Israeli Embassy in London.

       Achieving peace between Israel and its neighbors 
  has long been a principal goal of American foreign 
  policy.  Resolving this conflict would eliminate a 
  major source of instability in a part of the world in 
  which we have critical interests, contribute to the 
  security and well-being of Israel, and strengthen 
  important bilateral relationships in the Arab world.
  
       Attempts to disrupt the Middle East peace 
  process through terrorism by groups opposed to peace 
  have threatened and continue to threaten vital 
  interests of the United States, thus constituting an 
  unusual and extraordinary threat to the national 
  security, foreign policy, and economy of the United 
  States.
  
       Terrorist groups engaging in such terrorist acts 
  receive financial and material support for their 
  efforts from persons in the Middle East and elsewhere 
  who oppose that process.  Individuals and groups in 
  the United States, too, have been targets of 
  fundraising efforts on behalf of terrorist 
  organizations.
  
       Fundraising for terrorism and use of the U.S. 
  banking system for transfers on behalf of such 
  organizations are inimical to American interests.  
  Further, failure to take effective action against 
  similar fundraising and transfers in foreign 
  countries indicate the need for leadership by the 
  United States on this subject.  Thus, it is necessary 
  to provide the tools to combat any financial support 
  from the United States for such terrorist activities.  
  The United States will use these actions on our part 
  to impress on our allies in Europe and elsewhere the 
  seriousness of the danger of terrorist funding 
  threatening the Middle East peace process, and to 
  encourage them to adopt appropriate and effective 
  measures to cut off terrorist fundraising and the 
  harboring of terrorist assets in their territories 
  and by their nationals.
  
       The measures we are taking demonstrate our 
  determination to thwart acts of terrorism that 
  threaten to disrupt the Middle East peace process by 
  attacking any material or financial support for such 
  acts that may emanate from the United States.
  
  
  
  
       	    	      	   	     WILLIAM J. CLINTON
  
  
  
  
  THE WHITE HOUSE,
      January 23, 1995.
  
  
  
  
                         #  #  #
  


                            THE WHITE HOUSE

                     Office of the Press Secretary

________________________________________________________________________
For Immediate Release                                   January 24, 1995

                         BACKGROUND BRIEFING
                                  BY
                   SENIOR ADMINISTRATION OFFICIALS


                          The Briefing Room


2:14 P.M. EST

[I've cut out 90% of this.  E-mail me if you want a complete copy -bd]
	     

[...]	     On October 24th, at his speech at Georgetown University 
on the peace process, Secretary Christopher mentioned our concern 
about this and said that we are looking at a number of options to 
address both the funding threat and to strengthen our 
counterterrorism activities in other ways.  And this executive order 
and the package of laws are a result of that.
	     
	     These are only part of a much larger effort that the 
administration has been making to counter terrorism around the world.
The executive order will also support the efforts which we have been 
making now for a long time to encourage similar efforts by foreign 
governments to prevent funding from their countries to these 
terrorist organizations.  By blocking transfers to these terrorist 
groups and individuals and by freezing accounts, while we are not 
certain about the volume of funds that we will seize or stop, we know 
that we are sending a very powerful message to potential donors by 
criminalizing this activity.
	     
	     The executive order, as you know, designates 12 
terrorist organizations.  We have a very large body of public and 
intelligence information which documents terrorist acts by these 
organizations going way back.  And it also designates 18 individuals 
who are associated with these groups.  The process provides an 
opportunity to designate additional groups and additional individuals 
as we work our way through this.  [...]
	     
	     SENIOR ADMINISTRATION OFFICIAL:  Thank you.  Good 
afternoon.  The legislation that has been drafted is designed to 
strengthen our ability not only to deter terrorist acts, but to also 
punish those who engage in such terrorism.  It is a comprehensive 
bill that we have compiled.  It is still being worked on.  We will be 
working closely with the Hill to perfect it, and it has multiple 
provisions, but I'd like to highlight, at this point, essentially 
five broad areas, many of which are designed to ensure, among other 
things, that this country is not used as a base of operations for 
terrorist acts abroad.
	     
	     To begin with, it creates a new federal statute which 
would provide clear federal jurisdiction for any international 
terrorist act committed in the United States.  As many of you know, 
this has been a particularly critical point, especially in light of 
various events in the United States and highlighted the question of 
the existing scope of federal jurisdiction.
	     
	     We also have provisions in the draft criminalizing 
conspiracies in the United States to engage in terrorist acts 
committed outside the United States.  This is an extension of the 
Material Support Act and is critical, I think, for ensuring that the 
United States is not, as I said, used as a launching pad for 
terrorist attacks anywhere in the world.
	     
	     Another provision which we think is critical is to 
provide expedited deportation proceedings for aliens who engage in 
terrorist activities and to expedite their removal from the United 
States.  
	     
	     The fourth provides a comprehensive mechanism for 
preventing fundraising in the United States in support of 
international terrorist activities overseas.
	     
	     And the fifth is designed to facilitate the 
investigation of matters involving explosives, and implements 
recently concluded international convention for ensuring that 
explosives contain "taggets," if you will, insertion of chemical 
agents into plastic explosives, which will make them more detectible 
and facilitate investigation.
	     
	     As I said, there are other provisions of the bill, which 
are critical.  They're more of a technical nature, and would, in 
fact, greatly facilitate investigation, prosecution and enhance the 
range of the sanctions that can be applied.
	     
	     At this point, we'd be glad to take questions. [...]

[SENIOR ADMINISTRATION ASSHO...er...OFFICIAL...]	     	     
	     The legislation we propose will contain other devices, 
if you will, to facilitate the investigations. 
	     
	     Q	  Like wire-tapping?
	     
	     SENIOR ADMINISTRATION OFFICIAL:  A variety, yes.  There 
will be certain provisions.
	     
	     Q	  Isn't that against the Constitution?
	     
	     SENIOR ADMINISTRATION OFFICIAL:  Oh, no, of course not.  
I mean, appreciate that we have a variety of existing, statutorily 
approved mechanisms.  We are trying to, consistent with 
constitutional requirements, be able to afford ourselves the widest 
range of enforcement opportunities.  Now, that is not being designed 
to, in any way, circumvent or deprive people of constitutional 
protections.  But on the other hand, to the extent that wire-tap 
authority would facilitate investigations in this area, yes, we would 
like authority.  But I'm saying that this is just one opportunity, if 
you will, for dealing with the problem of fundraising. [...]
	     

	     Q	  I'll try to keep it short.  Wire-tapping still with 
the judge's prior approval?
	     
	     SENIOR ADMINISTRATION OFFICIAL:  Yes.
	     
	     Q	  Okay, you can eliminate hearings now, the right of 
somebody to have a hearing before he's deported, are you going to try 
to shortcut that?  And, third, what about the right to associate so 
far as going to a mosque and contributing to a -- you're really 
touching on constitutional rights, and you know it as well as I do.
	     
	     SENIOR ADMINISTRATION OFFICIAL:  Let me take issue with 
your characterization.  No, we're not touching -- obviously, the 
legislation in this area has to be drafted with tremendous 
sensitivity to those issues, and I think we have.  We have, in fact, 
brought to bear great concerns about civil liberties of Americans and 
non-Americans in this country, and what we have designed, I would 
suggest to you, you will see is consistent with those constitutional 
limitations. 
	     
	     But on the other hand, as the court has repeatedly said, 
Constitution is not a suicide pact.  It does permit us to move 
aggressively in this area consistent with the Constitution to be able 
to protect ourselves and our vital national security.
	     
	     Now, with respect to this wire-tapping, all we're 
suggesting, among other things, is to take existing authority, which 
now has an articulation of a whole range of offenses, that permits 
legal wiretapping, and add terrorism to it.  Okay?  
	     
	     As far as deportations -- deportations, what we want in 
connection with terrorism is a methodology consistent with 
constitutional limitations to enable us to expedite the deportation 
process, utilizing federal district courts and federal district 
judges and to have a mechanism -- have a mechanism so that to the 
extent that we have to rely on classified information --
	     
	     Q	  Closed courts, closed hearings?
	     
	     SENIOR ADMINISTRATION OFFICIAL:  No, no.  Public 
hearings, procedures consistent with the same procedures utilize din 
criminal cases to ensure the protection of classified information, 
consistent with constitutional limitations.  That is what we are 
proposing.  [...]
	     
	     Q	  Is the CIA obligated under this Executive Order to 
help you and State and the rest with regard to intelligence on these 
various groups that might be funneling money to eventual terrorists?
	     
	     SENIOR ADMINISTRATION OFFICIAL:  The CIA and other 
American intelligence agencies are a full partner in this process, 
and their work overseas and the work of the FBI here at home is 
essential to make this work.  And they're anxious to help, and they 
are helping.
	     
	     Q	  There's a broad paragraph in the order that talks 
about other federal agencies without naming them, and that's why I 
asked the question, whether that is the paragraph that brings the CIA 
into the picture. [...]
	     	     
	     Q	  What if somebody is caught in this and claims to be 
innocent, that they're involved in truly humanitarian efforts?  Do 
they have to sue the federal government to get access to their funds?
	     
	     SENIOR ADMINISTRATION OFFICIAL:  No, there are appeal 
procedures -- this has happened obviously much before -- we have a 
lot of experience in this program.  We have appeal procedures, people 
would apply to the Treasury Department Office of Foreign Assets 
Control, and there are appeal mechanisms in place.  There are 
obviously always judicial avenues, but there are nonjudicial avenues 
as well -- administrative avenues to work this out.
	     







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