Not sure who this Patel guy is, but he is claiming this is "genuine draft of an executive order."
There's basically no way that is true. In fact, I heard Sidney Powell who has never been a Trump Administration employee had something like this on her website.
There is many, many problems with this EO draft. Which makes me think it was written by a campaign staffer or lawyer and not someone familiar with executive orders
Patel says
There are two things that stick out to me from this first section.
The first and biggest thing that sticks out to me is they use common language that you see in a lot of Executive Orders, but there's a giant piece missing. An executive order doesn't give the president new extra powers those powers have to be grounded in law. Take a look at the real Executive Order 13818 from Trump
To rely on the Authority of the National Emergencies Act. YOU NEED TO DECLARE A NATIONAL EMERGENCY.
The second thing that stands out is this is illegal and has no chance of working.
Patel goes on to say
This draft order would give the Secretary of Defense (Christopher C. Miller) the discretion to determine the interdiction of election infrastructure. This is an extra new power. And it's illegal.
This is an illegal use of the military and anyone concerned about the government in their lives should care about this. Also how exactly would this happen? How exactly would the military get the machines.....especially when it would be an illegal violation of the Posse Comitatus Act.
If you look at the real 13818, you see Trump first names all the laws that apply, including the Global Magnitsky Act passed in 2016. That is the law that allows for this new authority. Since he is relying on the National Emergencies Act, HE FIRST DELCLARES A NATIONAL EMERGENCY. This sticks out like a sore thumb and is a giant red flag this was written by an amateur.
Once Trump cites his relevant authority, then says "I hereby determine and order:" and lists a bunch of actions. All of those are legal actions a President can take.
In this fake draft, there are several orders
Order (1) is illegal.
Order (2) talks about an assessment. What assessment? By who? Of what? It's literally the first time assess or assessment appears in the document. It's like the underpants gnomes in South Park, a giant piece is missing
Order (3) the undefined assessment continues
Order (4) is vague but legal and doable
Orders (5 and 6) the Nation Guard and Homeland security offer support for undefined activities. Probably the illegal stuff in Order (1)
Order (7) is a doozy and should read entirely
(7) The appointment of a Special Counsel to oversee this operation and institute all criminal and civil proceedings as appropriate based on the evidence collected and provided all resources necessary to carry out her duties consistent with federal laws and the Constitution.
So we have a Special Counsel... ....which is illegal because the President can't appoint one. See the Special Counsel law https://www.law.cornell.edu/cfr/text/28/600.1
The Special Counsel OVERSEES the MILITARY OPERATION to seize election machines! HOLY MOLY
And she gets all the resources she needs Did you catch that one? HER DUTIES. Gee I wonder if Sidney Powell wrote this up and wanted to run the whole she-bang
Oh, there's non public national security info in this draft.
Not sure who this Patel guy is, but there is many, many problems with this EO draft. Which makes me think it was written by a campaign staffer or lawyer and not someone familiar with executive orders
There are two things that stick out to me from this first section.
This draft order would give the Secretary of Defense (Christopher C. Miller) the discretion to determine the interdiction of election infrastructure.