When a new president is sworn in, they gets told a lot of secret stuff - launch codes, backup plans, etc. But one of the best-kept presidential secrets is the "Enemies Briefcase," a collection of "presidential emergency action documents" (PEADs).

https://t.co/A6Jh3Gkip7

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These aren't just revelations about the fallback plans for things like a nuclear strike - they are a meticulously maintained collection of emergency authorities that the administrative branch claims it is entitled to.

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These authorities are analyzed in legal memos that give the president to unilaterally declare an emergency "imposing martial law, suspending habeas corpus, seizing control of the internet, imposing censorship, and incarcerating so-called subversives."

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The PEADs were incredibly well-kept secrets, known only through fragmentary redaction failures, appropriaions and declassifications...Until Trump starting bragging on 'em:

"I have the right to do a lot of things that people don’t even know about." -Donald J Trump

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PEADs are particularly ominous given how many non-secret emergency powers the president has - more than 100 powers granted by Congress and never rescinded, dating back to the Civil War, from freezing bank accounts to deploying troops domestically.

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Presidents through history have loved these. FDR invoked emergency powers granted to Wilson. Johnson relied on Truman's Korean War powers. LBJ invoked a Civil War measure (on horse forage!) to bypass Congress and fund the Vietnam War.

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All the great monsters of America have reveled in these powers, from Kissinger to Cheney ("It is an act of insanity and national humiliation to have a law prohibiting the president from ordering an assassination" -Dick Cheney, 1975).

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Even when Congress has expressed alarm at this power, it has never gone beyond cosmetic gestures. As @andrewmcockburn writes in @Harpers, the Church Committee hearings were followed by 1977's "International Emergency Economic Powers Act."

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The act allows the president to declare an emergency "to deal with any unusual and extraordinary threat [with] its source in whole or substantial part outside the United States." So, basically, when the president says it's an emergency...it's an emergency.

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Every president since Nixon has relied on - and expanded - these "emergency" powers: Reagan used them to launder cocaine money for arms to Iran. G Bush I used them to invade Panama (backstopped with a memo penned by Bill Barr).

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Clinton used them to bomb Serbia. GW Bush used them to invade Iraq and enact domestic mass surveillance. Obama used them to drone-assassinate US citizens far from any battlefield.

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Trump's access to known and secret emergency powers is a cause for real alarm. When (or if?) Trump leaves power, job one has to be dismantling these authorities and restoring the balance of power.

eof/

More from Cory Doctorow #BLM

Today's Twitter threads (a Twitter thread).

Inside: Privacy Without Monopoly; Broad Band; $50T moved from America's 90% to the 1%; and more!

Archived at: https://t.co/QgK8ZMRKp7

#Pluralistic

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This weekend, I'm participating in Boskone 58, Boston's annual sf convention.

https://t.co/2LfFssVcZQ

Tonight, on a panel called "Tech Innovation? Does Silicon Valley Have A Mind-Control Ray, Or a Monopoly?" at 530PM Pacific.

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Privacy Without Monopoly: A new EFF white paper, co-authored with Bennett Cyphers.

https://t.co/TVzDXt6bz6

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Broad Band: Claire L Evans's magesterial history of women in computing.

https://t.co/Lwrej6zVYd

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$50T moved from America's 90% to the 1%: The hereditary meritocracy is in crisis.

https://t.co/TquaxOmPi8

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Today's Twitter threads (a Twitter thread).

Inside: Planet Money on HP's myriad ripoffs; Strength in numbers; and more!

Archived at: https://t.co/esjoT3u5Gr

#Pluralistic

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On Feb 22, I'm delivering a keynote address for the NISO Plus conference, "The day of the comet: what trustbusting means for digital manipulation."

https://t.co/Z84xicXhGg

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Planet Money on HP's myriad ripoffs: Ink-stained wretches of the world, unite!

https://t.co/k5ASdVUrC2

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Strength in numbers: The crisis in accounting.

https://t.co/DjfAfHWpNN

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#15yrsago Bad Samaritan family won’t return found expensive camera https://t.co/Rn9E5R1gtV

#10yrsago What does Libyan revolution mean for https://t.co/Jz28qHVhrV? https://t.co/dN1e4MxU4r

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More from Society

We finally have the U.S. Citizenship Act Bill Text! I'm going to go through some portions of the bill right now and highlight some of the major changes and improvements that it would make to our immigration system.

Thread:


First the Bill makes a series of promises changes to the way we talk about immigrants and immigration law.

Gone would be the term "alien" and in its place is "noncitizen."

Also gone would be the term "alienage," replaced with "noncitizenship."


Now we get to the "earned path to citizenship" for all undocumented immigrants present in the United States on January 1, 2021.

Under this bill, anyone who satisfies the eligibility criteria for a new "lawful prospective immigrant status" can come out of the shadows.


So, what are the eligibility criteria for becoming a "lawful prospective immigrant status"? Those are in a new INA 245G and include:

- Payment of the appropriate fees
- Continuous presence after January 1, 2021
- Not having certain criminal record (but there's a waiver)


After a person has been in "lawful prospective immigrant status" for at least 5 years, they can apply for a green card, so long as they still pass background checks and have paid back any taxes they are required to do so by law.

However! Some groups don't have to wait 5 years.

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