How to Stop the SPP and NAU ~ Constitutional Lawyers Where ARE You?
By Daneen G. Peterson, Ph.D.
December 2, 2006
Updated June 9, 2007
Of course all lawyers are very busy, but there's a significant issue that needs your attention which could be of substantive legal import regarding the creation of a Mexican customs office which is planned for the KC SmartPort. It will stand on American soil as part of the federal government's Security and Prosperity Partnership (SPP), a stealthful mega-project being developed under the aegis of the Department of Commerce. Supposedly, the Kansas City SmartPort agreement will allow Mexico to claim 'sovereign territory' on American soil and arrogantly fly their Mexican national flag over it.
It is posited here that a learned Constitutional lawyer might be able to stop ALL the Security and Prosperity Partnership (SPP) projects in their tracks since they ALL involve the signing of agreements with 'Foreign Powers' ALL of which are being done without Congressional approval, in violation of our Constitution and the Logan Act, as detailed below in Part I.
In addition to the KC SmartPort . . . there are other signed agreements with foreign governments for the CANAMEX corridor, and the Trans-Texas-Corridor (TTC-35) also discussed below. There exists many more signatories since there are some 80 super-corridor projects planned and in motion across the country. All these projects are aimed at creating the North American Union without ANY congressional oversight in violation of our Constitution.
It would be a coup de grace for 'We the People' if the One World Monopolists were stopped in their tracks using the very instrument they seek to shred, crush and destroy . . . our Constitution.
Also below in Part II is a discussion that will detail the selling of our infrastructure that ALSO violates the aforementioned Constitutional law as well as others, such as Exon-Florio. What's being done is part of creating the North American Union (NAU) that is being fraudulently forged under the radar, without Congressional approval or oversight, nor the knowledge or agreement of 'We the People'.
These machinations are the work of a cabal of elite globalists, both within and without our government, who are working towards a North American Union (NAU) as part of their quest for a One World Monopoly (OWM). It is a world monopoly that they have euphemistically called a 'New World Order'. All that has been accomplished thus far, was deviously facilitated by a complicit and deliberately silent media.
Part I ~ Constitutional Violations Involving Signing Agreements with Foreign Powers
The Constitution of the United States . . . Article I: Section. 10.
Logan Act Violations . . .
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
§ 953. Private correspondence with foreign governments.
1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004)
Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.
This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects.
Signed Agreements with a Foreign Power: KC SmartPort
"KANSAS CITY, MO – March 15, 2005—Officials from Kansas City and Lázaro Cárdenas, Mexico, will sign a historic cooperative agreement next week to establish a new trans-Pacific trade corridor that will alleviate delays and congestion at West Coast ports. The signing, at 6 p.m. on Tuesday, March 22, will take place at Cathedral Square, 427 W. 12 th St. This significant agreement will promote trade growth and development along the new corridor."
"'This signing is an exciting and historic moment for the international trade in the Kansas City region,' Chris Gutierrez, president, KC SmartPort, said. 'The partnership with Lazaro Cardenas puts Kansas City in a pivotal position to become the Pacific port’s primary U.S. inland port and puts KC another step ahead of our competition for economic growth and job creation'.”
"A delegation of seven Mexican officials including Eloy Vargas Arreola, Secretary of Economic Development, Government of the State of Michoacan, will spend three days—Monday through Wednesday, March 21-23-- in Kansas City, MO."
Source: Lazaro Cardenas, Mexico, Prepares to Sign Cooperative Agreement with Kansas City, March 15, 2005, Kansas City Smart Port: Press Room, http://www.kcsmartport.com/sec_press/releases/lazaro_031505.htm.
"KANSAS CITY, Mo., October 11, 2005 – Kansas City SmartPort President Chris Gutierrez today announced that Kenneth Hoffman, chairman of Kansas SmartPort, and Gary Doer, premier of the Province of Manitoba, will sign a memorandum of understanding to establish a secure trade and transportation corridor between Kansas City and the Province of Manitoba on Friday, October 14, 2005 at 1:15 p.m. in the Kauffman Foundation's Town Square Room. The agreement, which will create a streamlined transportation network between Kansas City and the Province of Manitoba, which includes the city of Winnipeg and the deepwater port of Churchill, will take place during North America Works in Kansas City, a conference to promote development and expansion of transportation links and infrastructure across Canada, the United States and Mexico."
Source: Kansas City SmartPort to Sign Trade Route Agreement with Province of Manitoba: North American Inland Port Network Initiated, October 11, 2005, http://www.kcsmartport.com/sec_press/releases/manitoba_101105.htm.
"Officials from Kansas City and the Mexican city of Lazaro Cardenas will sign an agreement March 22 to establish a new trans-Pacific trade corridor and establish the Kansas City area as an inland port."
"The creation of the trade corridor also is designed to alleviate delays and congestion at West Coast ports."
"A signing ceremony is scheduled for 6 p.m. March 22 at Cathedral Square, 427 W. 12th St."
"'This signing is an exciting and historic moment for the international trade in the Kansas City region,' Kansas City SmartPort President Chris Gutierrez said in a written release."
Source: KC, Mexican officials will set up trade corridor, March 21, 2005, The Kansas City Business Journal, http://www.kcsmartport.com/sec_news/media/articles/kcbj_032105.htm.
"Officials from Kansas City, Mo., and Lázaro Cárdenas, Mexico, signed a cooperative agreement to establish a new trans-Pacific trade corridor to alleviate delays and congestion at West Coast ports, and promote trade growth between the U.S. Midwest and Mexico."
"Under the agreement, Kansas City and Lázaro Cárdenas will jointly fund a neutral marketing campaign designed to attract trans-Pacific traffic between the cities' ports, promote in-bond transfers between the cities' Foreign Trade Zones, and promote the development and deployment of security tracing and tracking systems along the U.S. Midwest-to-Mexico corridor."
"'In terms of opening the Midwest to Asian trade through Mexican ports, this agreement signifies substantial completion of [some] extensive efforts over the past several years,' said Alfred Figuly, president of the greater Kansas City Foreign Trade Zone, in a prepared statement."
Source: U.S.-Mexico trans-PAC corridor deal, March 28, 2005, Journal of Commerce, http://www.kcsmartport.com/sec_news/media/articles/joc_032805.htm.
"Kansas City now has deals with two Mexican deep-water port cities in a bid to become a bigger player in international trade markets."
"Local officials on Tuesday signed a cooperative pact with counterparts in Lazaro Cardenas and the Mexican state of Michoacan to foster joint marketing and business development efforts aimed at “increasing freight volume” between the two cities."
"A similar agreement in November linked business and government interests here with counterparts in Manzanillo, Mexico's largest Pacific deep-water port about 150 miles north of Lazaro Cardenas."
Source: Rick Alm, Kansas City hopes pact will boost freight traffic from Mexico, March 23, 2005, The Kansas City Star, http://www.kcsmartport.com/sec_news/media/articles/kcstar_032305.htm.
Signed Agreement with a Foreign Power: CANAMEX Corridor Coalition
Source: Memorandum Of Understanding: Between the Governors of Arizona and Sonora for the Planning and Development of the CANAMEX Corridor, June 19, 2004, canamex.org, http://www.canamex.org/Arizona/Documents/2004/MOU_signed_20jun04.pdf. Note: This document has been removed from the CANAMEX website but you can retrieve it from the Wayback Machine here: http://web.archive.org/web/20040908063026/http://www.canamex.org/Arizona/Documents/2004/MOU_signed_20jun04.pdf
Signed Agreement with a Foreign Power: TTC-35 (Trans Texas Corridor)
Source: [A] Comprehensive Development Agreement TTC-35 High Priority Corridor, by and between: Texas Department of Transportation and Cintra Zachry, LP, March 11, 2005, keeptexmoving.com, http://www.keeptexasmoving.com/pdfs/projects/ttc35/TTC-35cda_signed_version.pdf.
This is actually who they are dealing with as all others are front groups with Limited Partnerships:
In addition, copies of all notices to proceed, notices regarding Disputes, and suspension, termination and default notices shall be delivered to the following persons:
Cintra Concesiones de Infraestructuras de Transporte, S.A. Plaza Manual Gomez Moreno, 2 Edificio Alfredo Mahou 28020 Madrid, Spain Attn: General Counsel Telephone: 0013491-418-5615 Facsimile: 00134-915-556-786 E-mail: email@example.com
- 24.5.1 TxDOT and Developer shall each designate an individual or individuals who shall be authorized to make decisions and bind the parties on matters relating to the Contract Documents ("Authorized Representative"). Exhibit P to this Agreement Note: Exhibit P was not available with this document.
Note: Since those with the authority to make decisions would indicate who REALLY is in charge it would be interesting to see Exhibit P.
Part II ~ Selling Of Important Infrastructures To Foreign Entities
The information below is about CFIUS (Committee on Foreign Investment) who is NOT abiding with the Exon-Florio laws that are supposed to govern CFIUS which "prohibits foreign direct investment in such industries as maritime, aircraft, banking, resources, and power." There is a bit of a history provided as well as some examples along with their 'clickable' URLs to the citations or 'references' as they are called below.
Also included is the selling, by various states, of taxpayer paid infrastructures which are resources such as: roads, bridges, tunnels, water utilities, etc., to foreign entities that could ALSO endanger national security and defense (i.e., Exon-Florio) in a time of crisis such as a dirty bomb, bird flu pandemic, another Katrina, etc.
All of the above issues and including those in Part I, represent the inter-related facilitation of the North American Union (NAU) and their ultimate goal of a One World Monopoly (OWM), by allowing the de facto globalization of America through foreign creation and ownership of our infrastructures. Such efforts are much the same as the non-enforcement of our immigration laws and borders that has created a de facto erasure of our borders and sovereignty creating the geographic North American Union.
Certainly a good Constitutional lawyer could file substantive lawsuits based on Article 1, Section 10 of the Constitution which could be significant enough to cause the mighty SPP-NAU-OWM juggernaut to fatally stumble.
Dr. Jerome Corsi's and Judicial Watch's FOIA requests, if ever completely fulfilled, will provide mountains of evidence of unlawful signing agreements with Foreign Powers without the consent of Congress. In an case there is already enough documentation about the signings to hang them from their own petards!
The following is an except from my latest article Treason Abounds ~ Gov't Cabal Plots North American Union (NAU) which contains 87 photographs and 120 clickable URL references to the source material and can be found here.
Then There is the 'Back Door' Approach to Eliminating America's Sovereignty . . .
By auctioning off America to the highest bidder, no questions asked as . . . "According to the Secretary of the Department of Transportation, Norman Mineta, 'We are like a poker game. We are inviting people to the table and saying, bring money when you come'."(23)
Didn't you ever wonder who CFIUS was when you heard they approved the Dubai Ports deal?
Its full name is the 'Committee on Foreign Investment in the US' which falls under the aegis of the U.S. Treasury Department. CFIUS was established in 1975 by Gerald Ford's Executive Order 11858. An Executive Order is legislation by Presidential fiat! Then in 1988 Ronald Reagan delegated his oversight to CFIUS by Executive Order 12661. This order required CFIUS "to submit a report and recommendation to the President at the conclusion of an investigation."(24)
Marta Lavandier (AP)
If you will recall, it was CFIUS that insanely approved the United Arab Emirates, Dubai Ports World (DPW) takeover of 6 of our major seaports. Remember . . . it was a 'done deal' by time the sale became public. The committee works in SECRET and makes SECRET decisions. CFIUS has reviewed 1500 cases and blocked only ONE! The Dubai deal was approved even after several federal agencies objected to it on security grounds. Only when there was public outcry did the deal come under scrutiny.(25)
What was interesting was that George Bush professed 'no knowledge' of the deal even though CFIUS is required to submit "a report and recommendation to the President at the conclusion of an investigation." "The Committee has 30 days to decide whether to investigate a case and an additional 45 days to make its recommendation. Once he recommendation is made, the President has 15 days to act if necessary block the deal.(26)(25)
Was Bush lying about his knowledge concerning such a massive transaction with obvious major security implications or was it simple incompetence? He should have known if CFIUS was abiding by the rules. Compounding the felony, President Bush "threatened to veto any attempt by Congress to kill the port deal."(27)
Many Americans understood that: "The [DPW] deal is yet another plot, approved in secret, which would undermine American national security and sovereignty for the benefit of the transnational political and commercial plutocrats who manage government and business across the globe."(28)
The Gov't Provides Bogus Propaganda AFTER the Dubai Deal Comes Under Fire
Read about the Dubai Ports World deal that the Treasury Department and DHS (Dept. of Homeland Security) dutifully spewed forth in defense of the CFIUS approval. Be sure to wear you 'hip boots' when you wade into these three propaganda 'reports.'(29)(30)(31)
The Wall Street Journal (WSJ) threw in its two-cents worth of propaganda during the Senate debate on the U.S.-Oman free trade agreement with a fatuous non sequitur which stated: "Congress may not appreciate what is at stake. Far from being in continuous conflict, open capital markets and national security support one another. A strong economy is part of national security . . . "(32) Douglas Holtz-Eakin OK
Isn't that backwards? Shouldn't the WSJ have said that a strong national security provides 'support' for the economy? Isn't it paramount that security NOT be a part of the economic engine so that the 'almighty dollar' couldn't trump security measures? Isn't that common sense? After all, the Wall Street Journal is prima facie evidence of those who would prostitute themselves in pursuit of that same 'almighty dollar.'
In the Dubai ports deal, it didn't seem to matter that "the United States already prohibits foreign direct investment in such industries as maritime [e.g., Dubai Ports World], aircraft, banking, resources, and power. Generally, these sectors were closed to foreign investors to prevent public services and public interest activities from falling under foreign control, but again primarily for national defense purposes."(33)
The Exon-Florio law under which CFIUS operates was written so that it "gives the President broad powers to block certain types of foreign investment" especially those involving issues of national security.(33)
The NEW 'Mall of America'!
Little did they know that CFIUS and President Bush would run this country like a giant shopping mall. We find that BOTH parties willfully ignored the national security issues raised by multiple federal agencies during their review of the Dubai Ports World deal.
Outrageously, after the Dubai Ports World debacle, CFIUS decided to sell U.S. military parts manufacturing facilities to Dubai. Yet another anti-security deal. This time there were no objections heard from Congress. Perhaps they were too 'worn out' from racing to the TV cameras during the 'ports deal' which left them incapable of proffering any objections against a similar national security issue.(34)(35)
What Other 'Fire Sales' of Taxpayer Paid Infrastructure Have Been Made? Read on . . .
How many other secret deals and secret meetings to sell our infrastructure to foreign countries have there been, and will there be in the future? Look around, see all of the infrastructure paid for with our tax dollars that is up for sale to the highest bidder. Roads, bridges, ports, waterworks. It doesn't matter WHO the buyers are!
One example . . . "RWEAG, a German owned utility company purchased the American Water Works in 2001 for $7.6 billion. the American Water Works was founded in 1886 and serves 1,300 communities in 23 states from the East Coast to the West Coast." But guess what . . . its up for sale again! And, because of "unusually high rate increases and declining maintenance" . . . America's mayors are saying "we want control of our own water." (36)
Another example . . . "On a single day in June, an Australian-Spanish partnership paid $3.8 billion to lease the Indiana Toll Road. An Australian company bought a 99-year lease on Virginia's Pocahontas Parkway, and Texas officials decided to let a Spanish-American partnership build and run a toll road from Austin to Seguin for 50 years."(37)
In Chicago "last year, the city sold a 99-year lease on the eight-mile Chicago Skyway for $1.83 billion. The buyer was the same consortium that leased the Indiana Toll Road -- Macquarie Infrastructure Group of Sydney, Australia, and Cintra Concessiones de Infraestructuras de Transporte of Madrid, Spain."(37)
In Orange County, CA . . . [t]he road, part of state Route 91, was built and run for $130 million by California Private Transportation Company, partly owned by France-based Compagnie Financiere et Industrielle des Autoroutes. The toll road opened in 1995. Seven years later, Orange County was looking at gridlock. But it could not build more roads because of a provision in the lease. So it bought back the lease — for $207.5 million.(37)
A Compilation of Still More Examples . . .
"Virtually every week brings fresh evidence that highway tolling and private financing are gaining new converts among governors and state transportation officials, in state legislatures, and in the media. Growing transportation budget shortfalls, eroding value of highway tax revenues and a supportive federal policy toward tolling and public-private partnerships have helped to nurture the idea. Fanning its spread are visions of highway projects built entirely with private funds, and prospects of multi-billion-dollar concessionary cash payments that could jump start ambitious transportation improvements years in advance of their planned execution."(38)
The highways were built with taxpayer dollars and the new owners intend to make you pay tolls on roads you have built. To whom do we turn if they do not maintain and upgrade the infrastructures when needed? Will they be accountable to 'We the People?' One concept behind the Eisenhower national interstate system was that it was to be FREE. Clinton's Executive Order put an end to that and our Congress went right along. Lastly, these private companies will use the Supreme Court's Kelo decision to permit the TAKING of private property for private gain. And . . . these entities will hire Washington insiders to pry every single dollar from the federal government they can while building these toll road systems.
As for the those who have spoken out and 'hit the nail on the head' . . . "Patrick Bauer, the Indiana House's Democratic leader, says such deals are taxpayer rip-offs. Bauer believes Macquarie-Cintra could make $133 billion over the 75-year life of the Indiana Toll Road lease — for which Indiana got $3.8 billion. 'In five, maybe 10 years, all that money is gone, and the tolls keep rising and the money keeps flowing into the foreign coffers,' . . ."(39)
Who's Responsible For The Massive Push To Sell America Out From Underneath Us?
It is a fact that the direct selling of our infrastructure to foreign countries is in violation of the Constitution, Article I, Section 10, Clause 3. It is also a fact that such sales are in direct contravention of the Exon-Florio laws which mandates the prohibition of "foreign direct investment in maritime, aircraft, banking, resources and power." Why then is the Committee on Foreign Investment in the US (CFIUS), which conveniently falls under the aegis of the U.S. Treasury Department, and individual local or state governments being allowed to continue doing so with regularity and rapidly accelerating speed?
As for WHY our infrastructure is being auctioned off to the highest bidder, mostly foreign investors, the answer is because George H. W. Bush, a One World Monopolist, wrote and signed an Executive Order (E.O.) 12803 on April 30, 1992 commanding that it be done. That E.O. was published in only two places, Cornell University and on waterindustry.org.(40)
Executive Order 12803, Section 1 under 'Definitions' it states the following . . . "For the purpose of this order:
(a) 'Privatization' means the disposition of or transfer of an infrastructure asset [read taxpayer funded and owned], such as by sale or by long-term lease, from State or local government to a private party.
(b) 'Infrastructure asset' means any asset financed in whole or in part by the Federal Government [read taxpayer financed] and needed for the functioning of the economy [if we need it why are we selling it?]. Examples of such assets include, but are not limited to: roads, tunnels, bridges, electricity supply facilities, mass transit, rail transportation, airports, ports, waterways, water supply facilities, recycling and wastewater treatment facilities, solid waste disposal facilities, housing, schools, prisons and hospitals." A BREATHTAKING LIST!
Following Bush's lead, Bill Clinton, issued another unlawful Executive order E.O. 12893, which, just like all the actions prompted by the Shadow Government, is ALSO a little known fact.(41)
You can find a comprehensive list of America's taxpayer financed roads being sold to the highest bidder via Public Private Partnerships (PPP). Take note that the word 'partnerships' is a euphemistic term which really means the fascist blending of private (corporate) and public (government) in 'partnerships' to the everlasting detriment of America's security and sovereignty, not to mention the violation of our Constitution and laws.(42)
There are even seminars provided to teach state and local government officials how to go about selling our taxpayer financed infrastructures to foreign private investment groups. There will be a "North American Private Partnerships Intensive Seminar, . . . held at the Hyatt Regency in Miami, March 19 to 21 . The cost will be $3,500 [probably paid by taxpayer dollars] per attendee."(43)
Toll Road Giant Buys Newspapers to Silence Critics
Critics charge that the Macquarie [an Australian Bank] purchase of American Consolidated Media is designed to silence critics of a Texas toll road project [Trans-Texas Corridor (TTC-35)].
Australian toll road giant Macquarie agreed Wednesday
[1/24/07] to purchase forty local independent newspapers, primarily in Texas and Oklahoma, for $80 million. Macquarie Bank is Australia's largest capital raising firm and has invested billions in purchasing roads in the US, Canada and UK.
Each of the newspapers had a readership of about 5,000 homes. They will each receive TWO MILLION DOLLARS for their miniscule readership circulation. This fact tells you how important the One World Monopolists believe the control of the media is the answer to keeping the sheeple in the dark!
Most recently the company joined with Cintra Concesiones of Spain in a controversial 75-year lease of the 157-mile Indiana Toll Road.(44)
Our country is being sold out from beneath us, often to foreign entities who will control them in times of national emergencies and in violation of the Exon-Florio law and our Constitution. All is being accomplished while many Americans remain uninformed by the media AND those who loudly object are being ignored or silenced by the fascist One World Monopolists, in collusion with the corrupt main stream media, in their drive to conquer America from within.
44. Associated Press, Toll Road Giant Buys Newspapers to Silence Critics: Critics charge that the Macquarie purchase of American Consolidated Media is designed to silence critics of a Texas toll road project,
January 26, 2007, thenewspaper.com, http://www.thenewspaper.com/news/15/1570.asp
© Daneen G. Peterson, Ph.D., All Rights Reserved