Aha! New Exec Order Allows Telcos to Lie

[AnnInLa]

New Executive Order Permits Intelligence Director To Authorize Telcos To Lie Without Violating Securities Law

In recent days, AT&T, Bell South and Verizon have all issued statements denying that they’ve handed over phone records to the NSA, as reported by USA today.

There are three possibilities:

1) The USA Today story is inaccurate,

2) The telcos left enough wiggle room in the statements that both the USA Today story and their statements are accurate; or

3) The statements from the telcos are inaccurate.

Ordinarily, a company that conceals their transactions and activities from the public would violate securities law. But an executive order signed by the President on May 5 allows the Director of National Intelligence, John Negroponte, to authorize a company to conceal activities related to national security. (See 15 U.S.C. 78m(b)(3)(A))

There is no evidence that this executive order has been used by John Negroponte with respect to the telcos. Of course, if it was used, we wouldn’t know about it.

http://thinkprogress.org/2006/05/17/new-executive-order/

[EVDebs]

1. Oaths of office (re 'preserving protecting defending Constitution')

are wasted on this administration. Why bother to swear them in when the time comes for investigations and subsequent trial ? They're lying, their lips moved.

[Ian David]

2. Bush ammended a Signing Statement to his Oath Of Office... it didn't count

[EVDebs]

7. ROFLMAO ! That needs to be passed along...Daily Show, anyone ?

[Auntie Bush]

10. So is Al Gore really our President?

:bounce:

[EVDebs]

25. Read Lester Brown's Plan B 2.0--In a surreal way Gore IS

As he could foresee the future clearly, whereas Bush and his Vulcans could only unlease further destructive, not constructive forces.

It's all in how you view things.

[teriyaki jones]

6. These guys are more like OAFS of Office n/t

[Aiptasia]

3. I'm still waiting to see the spin

Is there anyone so naieve in this country that thinks big secret government institutions like the NSA, CIA and FBI aren't collecting information on us on a 24 hour basis? I'm wondering why this is such a shock to a lot of people. I wasn't surprised at all to hear about domestic surveillance programs going on in America with or without a court order or any oversight. That's been flagrantly going on in this country for generations now.

My interest is, why is this being made an issue now? And whom does it benefit and why? Is this another Carl Rove tactic the repukes can use to show they aren't soft on terror? Is it another issue the repukes can use to scare people into conformity?

Step back and look at the big picture.

[Marr]

4. I love the smell of fascism in the morning.

Seriously- this a pretty fascist arrangement, isn't it?

[sinkingfeeling]

5. Well, that certainly explains why the Telcos are saying they didn't

turn over any records! Great find!

[OregonBlue]

8. "There is no evidence that this executive order has been used

by John Negroponte." Well, why would he have bothered to sign it May 5th if it wasn't for this very reason? God, they are so obvious in their schemes and coverups!

[wicket]

9. Holy shit.

:wow:

[The2ndWheel]

11. Maybe Qwest in lying then too

But I guess if you can't trust a giant corporation, who can you trust?

[rpgamerd00d]

12. Here is the executive order and Title 15 U.S.C. 78m(b)(3)(A)

Executive Order

Federal Register: May 12, 2006 (Volume 71, Number 92)
Presidential Documents
Page 27941-27943
From the Federal Register Online via GPO Access (wais.access.gpo.gov)
DOCID:fr12my06-146


Page 27941

-----------------------------------------------------------------------
Part III
The President
-----------------------------------------------------------------------
Memorandum of May 5, 2006--Assignment of Function Relating to Granting
of Authority for Issuance of Certain Directives

Presidential Documents
___________________________________________________________________

Title 3--The President

Page 27943

Memorandum of May 5, 2006


Assignment of Function Relating to Granting of
Authority for Issuance of Certain Directives

Memorandum for the Director of National Intelligence

By virtue of the authority vested in me by the
Constitution and laws of the United States, including
section 301 of title 3, United States Code, I hereby
assign to you the function of the President under
section 13(b)(3)(A) of the Securities Exchange Act of
1934, as amended (15 U.S.C. 78m(b)(3)(A)). In
performing such function, you should consult the heads
of departments and agencies, as appropriate.

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

(Presidential Sig.)B

THE WHITE HOUSE,

Washington, May 5, 2006.

FR Doc. 06-4538
Filed 5-11-06; 9:04 am

Billing code 3910-A7-M

Title 15 U.S.C. 78m(b)(3)(A)

With respect to matters concerning the national security of the United States, no duty or liability under paragraph (2) of this subsection shall be imposed upon any person acting in cooperation with the head of any Federal department or agency responsible for such matters if such act in cooperation with such head of a department or agency was done upon the specific, written directive of the head of such department or agency pursuant to Presidential authority to issue such directives. Each directive issued under this paragraph shall set forth the specific facts and circumstances with respect to which the provisions of this paragraph are to be invoked. Each such directive shall, unless renewed in writing, expire one year after the date of issuance.

[EVDebs]

27. That's some catch, that Catch 22 !

[renate]

13. well, since Keith and/or his staff read DU, we'll hear about it tonight!

:woohoo:

That explains the bizarre delay between the USA Today story and the telecoms' "who, me?" statements.

I hope that the original reporter would either know or find out about this executive order, but just in case, here's the link for USA Today's Letters to the Editor page (the closest I could find... anybody have any suggestions for how to contact the reporter directly?):

http://feedbackforms.usatoday.com/marketing/feedback/feedback-online.aspx?type=18

Nice catch by thinkprogress, and thank you for posting it here!

[The Backlash Cometh]

14. Bush has legitimized treason!

Unbelievable what he will do to cover his ass.

[alfredo]

15. Here's the May 12 th EO

There are no EO's for May 5th http://www.whitehouse.gov/news/orders/

http://www.whitehouse.gov/news/releases/2006/05/20060512-5.html

May 12, 2006

Executive Order: Amendments to Executive Orders 11030, 13279, 13339, 13381, and 13389, and Revocation of Executive Order 13011




By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Executive Order 11030 of June 19, 1962, as amended, is further amended;

(a) in subsection 1(f):

(i) by striking "typewritten" and inserting "prepared";

(ii) by striking "8 x 13" and inserting "8.5 x 14"; and

(iii) by striking "1 1/2" and inserting "1";

(b) in subsection 2(a), by striking ", with seven copies thereof,";

(c) by striking subsections 2(c) and 2 (d) and relettering subsection "2(e)" as "2(c)";

(d) in section 5, by striking "Section 12 of the Federal Register Act" and inserting in lieu thereof "section 1511 of title 44, United States Code"; and

(e) in section 6, by striking "Section 5(a) of the Federal Register Act" and inserting in lieu thereof "subsection 1505(a) of title 44, United States Code".

Sec. 2. Section 1(e) of Executive Order 13279 of December 12, 2002, is amended to read as follows: "(e) 'Specified agency heads' mean the Attorney General, the Secretaries of Agriculture, Commerce, Education, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, and Veterans Affairs, the Administrators of the Agency for International Development and the Small Business Administration, and the head of any other department or agency in the executive branch in which the President creates a Center for Faith-Based and Community Initiatives."

Sec. 3. Section 9 of Executive Order 13339 of May 13, 2004, is amended by deleting "2 years from the date of this order, unless renewed by the President" and inserting in lieu thereof "May 13, 2007, unless extended beyond that date by the President".

Sec. 4. Section 6(b) of Executive Order 13381 of June 27, 2005, is amended by striking "Unless extended by the President, this order shall expire" and inserting in lieu thereof "The provisions of this order (other than subsection 5(b) and the amendment made thereby) shall, unless extended by the President, expire".

Sec. 5. Section 3 of Executive Order 13389 of November 1, 2005, is amended:

(a) by inserting "and" after the semicolon at the end of subsection (a);

(b) by striking "; and" at the end of subsection 3(b) and inserting a period in lieu thereof; and

(c) by striking subsection (c).

Sec. 6. Executive Order 13011 of July 16, 1996 (Federal Information Technology), is revoked.

Sec. 7. 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, instrumentalities, or entities, its officers or employees, or any other person.

GEORGE W. BUSH

THE WHITE HOUSE,

May 12, 2006.

[formercia]

16. Fearless Leader de facto suspends the Constitution.

When Pelosi said that Impeachment is "off the table", it was a de facto green light to Fearless Leader to suspend the Constitution.

[Frustratedlady]

17. Could it be that the companies requested that protection?

In view of all the other fiascos this admin. had drug other people into, could it be that the telcos saw the s* that was going to hit the fan, and wanted something to protect them from possible lawsuits/prosecution?

I mean...sheesh! Having a paper that says the big guy is going to protect you from getting in trouble if anyone finds out what they have done, has to make the telcos feel SO much better.

I hope they expose this and every other "statement" he has signed so the public can see how he goes by his own rules and to hell with what the Constitution or Congress says. What a glowing example to the youth of America.

[renate]

29. but if they knew they had this "get out of jail free" card,

...wouldn't they have used it right away instead of pulling their lame-ass "we didn't do it" stunt days later?

At first I wondered whether the presidential memorandum could mean that Quest might have been lying from Day One, but the fact that the other companies seemed unaware of this excuse suggests to me that Quest was probably unaware too.

[Jacobin]

18. Oh my. I think you've figured it out

I was wondering about these belated 'denials'........

[PATRICK]

19. Exactly

That stand behind the Bush cover-up but do not fall with them. Their legitimacy at the time gives them full cover IF they extract this sort of guarantee from the WH.

I'd settle for the truth and taking the heads at the WH. Customers can sentence the telcos by deserting them. They can avoid that punishment and stock market slashing, temporarily, by having these stonewall clad denials.

Honestly, considering they caved to the WH in the first place, this all one can expect from them.

[AnnInLa]

20. The "denials" just made no sense whatever

because if the denials were true, that meant Quest was lying....and why would Quest be lying over something like this?

How long before this hits mainstream? Three days? Ever?

[EVDebs]

26. Like with Watergate, a non-denial denial ?

[negativenihil]

21. kick!

This needs to be seen!

[Richard Steele]

22. Kicked & recommended!

[renate]

23. so pathetic of AT&T Verizon and Bell South to try to weasel out of this

It doesn't even make SENSE for them to start lying now. It's like a kid who sneaks a chocolate bar, gets caught with a sticky face, and then wipes his face and says "Look, I'm clean now, so I didn't take the chocolate bar."

Edited to add "AT&T"

[renate]

24. FYI, for anybody writing letters to the editor, etc

The Think Progress report has amended the story to explain that it's a presidential memorandum, not an executive order.

[Justice Is Comin]

28. Whatever you call it

nice work.



These Goddamn lowlifes. We might as well trash that eagle and replace it with the Goddamn hammer and sickle!!

[AnnInLa]

31. What's the difference, exactly? Anyone know?

[wicket]

30. kick

:kick: