summarize this please https://www.presidency.ucsb.edu/documents/executive-order-13848-imposing-certain-sanctions-the-event-foreign-interference-united
Executive Order 13848, issued on September 12, 2018, declares a national emergency to address foreign interference in U.S. elections, which is deemed an extraordinary threat to national security and foreign policy. citeturn0fetch0
The order mandates that, within 45 days after a U.S. election, the Director of National Intelligence (DNI) must assess any foreign interference. Subsequently, the Attorney General and the Secretary of Homeland Security have 45 days to evaluate the impact on election infrastructure and report their findings. citeturn0fetch0
If foreign interference is identified, the order authorizes sanctions against individuals or entities involved, including blocking property, restricting financial transactions, and prohibiting U.S. investments in companies linked to the interference. citeturn0fetch0
The order also requires the intelligence community and other federal agencies to assess the extent of any foreign interference after every U.S. election. If such meddling is determined, the executive order ensures a quick, forceful, and proportionate response. citeturn0search4
This executive order remains in effect, with the national emergency concerning foreign interference in U.S. elections continued annually. citeturn0search10
What remedies are proposed or explicit
Executive Order 13848 outlines explicit remedies to address foreign interference in U.S. elections. These include:
1. **Sanctions on Entities and Individuals**:
– Blocking property of individuals or entities involved in foreign interference.
– Restricting financial transactions with implicated parties.
– Prohibiting U.S. investments in companies linked to interference.
2. **Assessment and Reporting**:
– Within 45 days post-election, the Director of National Intelligence (DNI) must produce an assessment of any foreign interference.
– The Attorney General and Secretary of Homeland Security must evaluate the impact on election infrastructure within another 45 days and report to the President.
3. **Targeted Measures**:
– Proportionate responses to identified interference, such as freezing assets, restricting access to the U.S. financial system, and imposing other penalties deemed appropriate.
4. **Interagency Coordination**:
– Continuous assessments of vulnerabilities in election infrastructure and strategies to prevent further interference.
These remedies are designed to deter and respond effectively to any foreign efforts to undermine U.S. electoral processes.
What about the candidate who gained from the ee
Executive Order 13848 does not explicitly address remedies or actions regarding candidates who may have benefited from foreign interference in elections. Its primary focus is on identifying, sanctioning, and penalizing foreign entities or individuals who interfere, and on protecting the integrity of election infrastructure.
However, if a candidate or their campaign is found to have knowingly colluded with or facilitated such interference, those actions might be addressed under other U.S. laws, such as those related to campaign finance violations, conspiracy, or espionage. The executive order itself does not propose specific consequences for candidates benefiting from such interference without direct involvement.
What is the foreign interference was deemed SUBSTANTIAL and dide chnge the results of the election
If foreign interference in a U.S. election is deemed substantial and determined to have changed the results, the U.S. Constitution and relevant federal and state laws provide remedies outside the scope of Executive Order 13848. Key actions may include:
1. **Judicial Remedies**:
– Election results could be challenged in court, with evidence of interference presented.
– Courts might invalidate affected election results or order new elections if warranted.
2. **Congressional Oversight**:
– Congress has the authority to investigate and address concerns about the legitimacy of an election, particularly in presidential elections during the certification of Electoral College results.
3. **Criminal Prosecutions**:
– Individuals, including candidates, who knowingly colluded with foreign actors could face charges under laws like the Espionage Act, campaign finance laws, or statutes related to election integrity.
4. **State-Level Remedies**:
– State election laws may provide mechanisms for recounts, audits, or re-elections if foreign interference is proven to have affected outcomes.
5. **National Security Actions**:
– Further sanctions or diplomatic actions could be taken against the interfering foreign state or its agents.
Ultimately, any remedy would depend on the specific findings of interference, the degree of impact, and the applicable legal frameworks.
when does this take place :Congress has the authority to investigate and address concerns about the legitimacy of an election, particularly in presidential elections during the certification of Electoral College results.
Congress addresses concerns about the legitimacy of a presidential election during the **certification of Electoral College results**, which takes place on **January 6th following a presidential election year**. This is mandated by the **Electoral Count Act of 1887** and the **Twelfth Amendment** to the U.S. Constitution.
### Key Points in the Process:
1. **Joint Session of Congress**:
– The House of Representatives and the Senate convene in a joint session, presided over by the Vice President as the President of the Senate, to count the electoral votes.
2. **Objections to Electoral Votes**:
– Members of Congress can raise objections to the electoral votes from specific states.
– To be considered, an objection must be submitted in writing and signed by at least one member of the House and one Senator.
3. **Debate and Vote on Objections**:
– If a valid objection is raised, the House and Senate separate to debate the issue for up to two hours.
– Each chamber votes on whether to sustain or reject the objection. Both chambers must agree to uphold the objection for the contested votes to be excluded.
4. **Final Certification**:
– Once all votes are counted and objections resolved, the Vice President announces the results, officially declaring the President-elect and Vice President-elect.
This process provides Congress an opportunity to address allegations of election irregularities or foreign interference, though overturning results requires substantial evidence and bipartisan agreement.
when does the certification take place
The certification of Electoral College results takes place on **January 6th** following a presidential election year. This date is set by the **Electoral Count Act of 1887**.
If January 6th falls on a weekend or holiday, the certification still occurs on that day, but if there are any delays, such as objections to the results, Congress can continue the process beyond that date. However, the certification typically occurs on January 6th unless significant issues arise.
What are some objections that require recognition
Under the **Electoral Count Act of 1887**, objections to the certification of Electoral College results can be raised, but they must meet certain criteria to be formally recognized and considered. For an objection to be recognized by Congress, it must meet the following conditions:
1. **Written Objection**:
The objection must be in writing and signed by at least one **Member of the House of Representatives** and one **Senator**. This ensures that both chambers of Congress are involved in the objection process.
2. **Specific Grounds for the Objection**:
The objection must be based on allegations of **fraud**, **irregularities**, or other specific issues related to the election process in one or more states. Common objections could include:
– Claims of **voter fraud** or manipulation.
– Allegations of **unconstitutional procedures** used in the election process.
– Issues with the **validity of certain electoral votes** (e.g., votes cast by electors who were not legally qualified).
– Disputes about **state-certified results** that do not align with constitutional or federal standards.
3. **Substantial Evidence**:
While the law does not explicitly require “proof” at this stage, objections are more likely to be seriously considered if they are supported by significant evidence. This could include credible reports or findings from election officials, courts, or independent investigations suggesting substantial issues with the election’s legitimacy in a given state.
### Process After Recognition:
If the objection is valid and meets the above criteria, Congress then debates the objection in each chamber (House and Senate) separately for up to two hours, after which a vote is held. For the objection to succeed and be sustained, both the **House** and **Senate** must agree to reject the contested electoral votes. If either chamber disagrees, the objection fails, and the contested votes are counted.
This process ensures that any challenges to the election result are taken seriously, but it also requires substantial bipartisan agreement to effect any change to the outcome of the election.
why is the swearing in of the pres on the 20th next year
The **swearing-in of the president** on **January 20th** follows the **Twentieth Amendment** to the U.S. Constitution, ratified in 1933. This amendment changed the date of the presidential inauguration to **January 20th** from **March 4th**, which had previously been the date set by the original Constitution.
### Key Points of the Twentieth Amendment:
1. **Shortened Transition Period**:
The amendment aimed to reduce the long transition period between the election and the new president taking office. By moving the inauguration to January 20th, the process became quicker, allowing the incoming president to begin their duties sooner.
2. **The 20th Amendment, Section 1**:
It specifies that the president’s term begins at **noon on January 20th** following the election year. This also applies to the vice president, who is sworn in at the same time.
3. **Exceptions**:
In rare cases, such as if the president-elect dies before the inauguration, special procedures are in place to ensure that the office is filled.
In the 2024 election, the inauguration will occur on **January 20, 2025**, as part of the regular cycle, marking the official beginning of the next presidential term.