iday "alert") appears to give the SECRETARY OF DEFENSE -- i.e. Donald Rumsfeld -- "emergency" Presidential powers of all military Personnel affairs, deployment, status, promotions, appointments, retirings, assignments, etc., of all military personnel.... CARTE BLANCHE OF EXECUTIVE PRESIDENTIAL "COMMANDER AND CHIEF" PERSONNEL POWERS! The powers enumerated, normally reserved for the President alone would permit Rumsfeld to reassign officers, commanders, revoke commissions--i.e. clean house and move, fire, retire, limit, or grant arbitrary and absolute powers to commanders (including the power to ABUSE PRISONERS OR DISCIPLINE U.S. TROOPS), in whatsoever manner he wishes. (See the paragraph about ability to RE-DELEGATE AND SUB-DELEGATE these SAME Presidential powers down the chain of command...the very authority necessary which probably led the the Iraqi Prisoner Abuse, which took place afer it was signed...LAYING THE BLAME AT RUMSFELD'S FEET--THUS SHIELDING THE PRESIDENT THROUGH DELEGATION--AND PRESIDENT BUSH'S AS WELL, FOR GRANTING HIM SUCH ARBITRARY POWER!) Nicholas Berg could very well have been murdered, to coverup the Prisoner Abuse, until his own death needed an Alibi through a faked video on May 11th--all which stemmed from this Executive Order! WHO WAS RESPONSIBLE FOR THE IRAQI PRISONER ABUSE AND NICHOLAS BERG'S MURDER? FOLLOW THE CHAIN OF "DELEGATED POWERS" TO FIELD COMMANDERS IN THIS ORDER....TO RUMSFELD...TO PRESIDENT BUSH! Principle: Those who delegate power are by no means exempt from the abuse of such powers which they did not limit and in fact approved of by "executive order"!

The question to be asked is WHY WOULD BUSH SIGN SUCH AN ORDER UNLESS IT WAS NECESSARY AND DESIRED BY RUMSFELD TO ALTER AND HAVE FULL PRESIDENTIAL POWERS OVER ALL US TROOPS....WITHOUT LIMIT! Rumsfeld has Carte Blanche over all Military Commanders, and their powers, which would be a very INTIMIDATING INFLUENCE (flashing Rumsfelds power) BEFORE ANY DISGRUNTLED OR DISGRUNTLED COMMANDERS IN THE US MILITARY......AN EFFECTIVE WAY TO CONTROL ANY DISSENT AMONG ANY OF THE BRANCHES--including Joint Chiefs!--WITH HITLERIAN INTIMIDATION!

(It has been reported that Morale problems exist among Iraqi troops and no doubt among even Military Brass in this War on Terror). NOW NO COMMANDER COULD QUESTION RUMSFELD'S AUTHORITY OR APPEAL TO ANY HIGHER FOR RELIEF! (Interesting that Gen Tommy Franks just retired too, which Rumsfeld has full control of).

The reader will note that this Executive Order signed by Bush ACTIVATED and INVOKED its preceding authority established by an Executive Order from Ronald Reagan in 1982 which has also been posted below for reference, which enumerates the powers that Rumsfeld now has!

For Immediate Release

Office of the Press Secretary December 17, 2003

Executive Order Appointments During National Emergency By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to further respond to the national emergency I declared in Proclamation 7463 of September 14, 2001, I hereby order as follows:

Section 1. Emergency Appointments Authority. The emergency appointments authority at section 603 of title 10, United States Code, IS INVOKED [emphasis mine] and made available to the Secretary of Defense in accordance with the terms of that statute and of Executive Order 12396 of December 9, 1982. [see this Executive Order pasted below].

Sec. 2. Judicial Review. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any person.

Sec. 3. Administration. This order shall be transmitted to the Congress and published in the Federal Register.

GEORGE W. BUSH THE WHITE HOUSE, December 17, 2003.

# Executive Order 12396 -- Defense Officer Personnel Management December 9, 1982

By the authority vested in me as President of the United States of America by Section 301 of Title 3 of the United States Code, and in order to delegate certain functions concerning the appointment, promotion, and retirement of commissioned officers of the Armed Forces, it is hereby ordered as follows:

Section 1. The Secretary of Defense is designated to perform, without approval, ratification, or other action by the President, the following functions vested in the President:

(a) The authority vested in the President by Sections 618(b)(1) and 628(d)(1) of Title 10 of the United States Code, to approve, modify, or disapprove the report of a selection board.

(b) The authority vested in the President by Section 629(a) of Title 10 of the United States Code, to remove the name of any officer from a promotion list to any grade below commodore or brigadier general.

(c) The authority vested in the President by Section 624(c) of Title 10 of the United States Code, to appoint officers in the grades of first lieutenant and captain in the Army, Air Force, and Marine Corps or in the grades of lieutenant (junior grade) and lieutenant in the Navy.

(d) The authority vested in the President by Section 5721(c) of Title 10 of the United States Code, to make certain temporary appointments to the grade of lieutenant commander.

(e) The authority vested in the President by Section 6323(a) of Title 10 of the United States Code, to approve the application of an officer of the Navy or the Marine Corps for retirement after the completion of more than 20 years of active service and to designate the month in which such retirements shall become effective.

(f) The authority vested in the President by Sections 3918 and 8918 of Title 10 of the United States Code, to approve the request of a regular commissioned officer of the Army or the Air Force to retire after at least 30 years of service.

(g) Nothing in this Section shall be deemed to delegate the authority vested in the President by Section 618(c) of Title 10 to remove a name from a selection board report.

Sec. 2. (a) The Secretary of Defense is designated to perform during a time of war or national emergency the following functions vested in the President, without the approval, ratification, or other action by the President.

(1) The authority vested in the President by Section 526 of Title 10 of the United States Code, to suspend the operation of any provision of Sections 523, 524, or 525 of Title 10 of the United States Code, relating to the authorized strength of commissioned officers.

(2) The authority vested in the President by subsections (a) and (b) of Section 603 of Title 10 of the United States Code, to make or vacate certain temporary commissioned appointments.

(3) The authority vested in the President by Section 644 of Title 10 of the United States Code, to suspend the operation of any law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, or Marine Corps.

(b) The authority delegated to the Secretary of Defense by this Section may not be exercised during the time of a national emergency declared by the President, unless the exercise of any such authority is specifically directed by the President in accordance with Section 301 of the National Emergencies Act (50 U.S.C. 1631). (c) The Secretary of Defense shall ensure that actions taken pursuant to the authority delegated by this Section are accounted for as required by Section 401 of the National Emergencies Act (50 U.S.C. 1641). Sec. 3. The authority delegated to the Secretary of Defense by this Order may be redelegated to the Deputy Secretary of Defense, any of the Assistant Secretaries of Defense, and to any of the Secretaries of the military departments who may further subdelegate such authority to subordinates who are appointed to their office by the President with the advice and consent of the Senate.

Sec. 4. All actions taken by, for, or on behalf of the President with respect to the functions delegated by this Order, which actions would be valid if taken pursuant to this Order, are ratified.

Sec. 5. (a) Executive Order No. 10621, as amended, is further amended by revoking subsections (g), (h), (j), (k), (l), (m), and (n) of Section 1 thereof.

(b) Executive Order No. 11390, as amended, is further amended by revoking subsections 2, 3, 9, 12, and 15 of Section 1 thereof.

(c) Executive Order No. 12239 is revoked.

Ronald Reagan The White House, December 9, 1982.

[Filed with the Office of the Federal Register, 12:42 p.m., December 10, 1982]

Note: The text of the Executive order was released by the Office of the Press Secretary on December 10.

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