On December 16, 2009, Obama signed Executive Order 12425.
AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL
AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO
ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983 [Reagan Era], as amended, is further amended by deleting from the first sentence the words “except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act” and the semicolon that immediately precedes them.
An analysis of this Amended ExOrder may be found at
(c) Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable.
This now says that Interpol is no longer subject to the Freedom of Information Act. In reality, we have just handed over our sovereignty and laid the foundation for an international governing and policing body.
Interpol has been granted diplomatic immunity now by Obama – they have exemption from being subject to search and seizure by law enforcement, US taxes and immunity from FOIA requests,
Reagan’s XO 12425
Presidential Executive Orders from the National Archives
Executive Order 12425
International Criminal Police Organizations
Delivered on 16 June 1983.
By virtue of the authority vested in me as President by the Constitution and statutes of the United States, including Section 1 of the International Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 288), it is hereby ordered that the International Criminal Police Organization (INTERPOL), in which the United States participates pursuant to 22 U.S.C. 263a, is hereby designated as a public international organization entitled to enjoy the privileges, exemptions and immunities conferred by the International Organizations Immunities Act; except those provided by Section 2(c), the portions of Section 2(d) and Section 3 relating to customs duties and federal internal-revenue importation taxes, Section 4, Section 5, and Section 6 of that Act. This designation is not intended to abridge in any respect the privileges, exemptions or immunities which such organization may have acquired or may acquire by international agreement or by Congressional action.
The White House,
There may have been a couple of other amendments to 12425 or other ancillary ExOrders. But, it appears that Section 2C is the main point of contention.
Why Does Interpol Need Immunity from American Law?
Wednesday, December 23, 2009
You just can’t make up how brazen this crowd is. One week ago, President Obama quietly signed an executive order that makes an international police force immune from the restraints of American law.
Interpol is the shorthand for the International Criminal Police Organization. It was established in 1923 and operates in about 188 countries. By executive order 12425, issued in 1983, President Reagan recognized Interpol as an international organization and gave it some of the privileges and immunities customarily extended to foreign diplomats. Interpol, however, is also an active law-enforcement agency, so critical privileges and immunities (set forth in Section 2(c) of the International Organizations Immunities Act) were withheld. Specifically, Interpol’s property and assets remained subject to search and seizure, and its archived records remained subject to public scrutiny under provisions like the Freedom of Information Act. Being constrained by the Fourth Amendment, FOIA, and other limitations of the Constitution and federal law that protect the liberty and privacy of Americans is what prevents law-enforcement and its controlling government authority from becoming tyrannical
On Wednesday, however, for no apparent reason, President Obama issued an executive order removing the Reagan limitations. That is, Interpol’s property and assets are no longer subject to search and confiscation, and
its archives are now considered inviolable. This international police force (whose U.S. headquarters is in the Justice Department in Washington) will be unrestrained by the U.S. Constitution and American law while it operates in the United States and affects both Americans and American interests outside the United States.
Interpol works closely with international tribunals (such as the International Criminal Court — which the United States has refused to join because of its sovereignty surrendering provisions, though top Obama officials want us in it). It also works closely with foreign courts and law-enforcement authorities (such as those in Europe that are investigating former Bush administration officials for purported war crimes — i.e., for actions taken in America’s defense).
Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?