The True Origins: The Global Magnitsky Act
To grasp what E.O. 13818 actually does, one must look at the legislation that birthed it: the Global Magnitsky Human Rights Accountability Act of 2016. This law was named after Sergei Magnitsky, a Russian tax advisor who uncovered a massive fraud scheme involving Russian government officials. Magnitsky was subsequently imprisoned, denied medical treatment, and died in a Moscow jail in 2009. His death sparked international outrage and a push to ensure that corrupt officials and human rights abusers could not hide their wealth in the Western financial system.
The original Magnitsky Act, passed in 2012, targeted only Russian officials. By 2016, Congress expanded this framework globally. The Global Magnitsky Act authorized the President to impose economic sanctions and deny entry to the United States to any foreign person identified as engaging in human rights abuse or significant corruption.
Executive Order 13818 is simply the presidential directive that implemented this 2016 law. It delegates the authority granted by Congress to the Secretary of the Treasury (specifically the Office of Foreign Assets Control, or OFAC) and the Secretary of State.
When E.O. 13818 was signed, it declared a “national emergency” with respect to human rights abuses and corruption. In the context of U.S. law, the term “national emergency” sounds alarming to the layperson. However, under the National Emergencies Act of 1976 and the International Emergency Economic Powers Act (IEEPA), declaring a national emergency is a routine legal prerequisite required for the President to impose financial sanctions on foreign entities. In fact, there are dozens of ongoing “national emergencies” declared by various presidents over the decades, targeting everything from cyber-enabled malicious activities to the situation in the Democratic Republic of the Congo. It is a legal mechanism, not a declaration of war.
Since its signing, E.O. 13818 has been used to freeze the U.S. assets of foreign warlords, corrupt overseas politicians, arms dealers, and international criminal syndicates. It isolates these individuals from the U.S. dollar and the global financial system.
The Anatomy of the Conspiracy Theory
Despite the clear legal and historical context of the order, a complex alternate reality has been constructed around it. Driven by niche online influencers and viral social media posts, a deeply convoluted theory asserts that E.O. 13818 is not about foreign oligarchs, but is actually a weapon designed to seize the assets of domestic political enemies within the United States.
The core tenets of this theory generally claim the following:
First, theorists point to the declaration of a “national emergency” within the order. By intentionally misinterpreting the International Emergency Economic Powers Act, they claim that this specific declaration effectively put the United States in a state of war, thereby making the President at the time a “wartime president” with absolute, unchecked military authority.
Second, the theory suggests a “Continuity of Government” (COG) or “Devolution” plan was enacted. The claim is that because of massive, unsubstantiated corruption within the government, the civilian transition of power in 2021 was a fake, orchestrated event. According to this narrative, the military stepped in, recognized the previous administration as the legitimate authority under COG protocols, and has been secretly running the country ever since.
Third, proponents of the theory argue that the asset-seizure powers of E.O. 13818 are actively being used against the “Deep State”…a supposed cabal of corrupt U.S. politicians, celebrities, and business leaders. The theory alleges that these domestic figures have been secretly designated as human rights abusers under the executive order, leading to the covert freezing of their bank accounts and secret trials via military tribunals.
Dismantling the Claims: Law, Reality, and the Constitution
When subjected to legal scrutiny and objective reality, these theories fall apart rapidly. The leap from a standard sanctions implementation order to a secret military dictatorship relies on a profound misunderstanding of how American law, the military, and the Constitution operate.
1. The Misunderstanding of “National Emergencies” and “Wartime Powers” The claim that E.O. 13818 created a “wartime president” is factually incorrect. A “national emergency” under the National Emergencies Act is purely a bureaucratic trigger to unlock specific statutory powers…in this case, IEEPA. It does not invoke the War Powers Resolution, it does not suspend the Constitution, and it does not place the country under martial law. A president cannot secretly declare war on domestic opponents; only Congress has the power to declare war.
2. The Scope of E.O. 13818 The text of E.O. 13818 explicitly targets foreign actors and those who assist them. The Global Magnitsky Act, which the order implements, is fundamentally a foreign policy tool. While the U.S. government has immense power to freeze the assets of international terrorists or foreign dictators, it cannot arbitrarily use OFAC sanctions to seize the assets of domestic U.S. citizens based on political disagreements. Domestic asset forfeiture requires due process through the American judicial system…investigations by the DOJ, grand jury indictments, and trials in federal courts, not secret presidential decrees.
3. Continuity of Government (COG) and Devolution Continuity of Government plans do exist, but their purpose is highly specific. COG protocols were designed during the Cold War to ensure the survival of the constitutional republic in the event of a catastrophic attack (such as a nuclear strike on Washington D.C.) that decapitates the leadership. They are contingency plans to ensure a clear line of succession and the functioning of civil government. They are absolutely not legal mechanisms for a sitting president to simply refuse to hand over power or to hand the government over to the military because of alleged election disputes. The 20th Amendment to the U.S. Constitution is unambiguous: a president’s term ends at noon on January 20th. There is no secret legal loophole that overrides the Constitution.
4. The Posse Comitatus Act and Military Tribunals Perhaps the most egregious claim is the idea of secret military tribunals trying U.S. civilians. The Posse Comitatus Act of 1878 strictly forbids the use of the U.S. military to enforce domestic laws unless explicitly authorized by the Constitution or an act of Congress (such as the Insurrection Act, which was not invoked). The U.S. military cannot arrest, try, or execute American civilians. Furthermore, the Supreme Court ruled in Ex parte Milligan (1866) that military tribunals cannot try civilians in areas where civilian courts are operating. The notion that the military is conducting covert arrests and tribunals of politicians while civilian life goes on normally is a complete fiction, physically and legally impossible without massive, highly visible societal upheaval.
The Appeal and Danger of the Illusion
Why do these theories gain traction? Often, they prey on legitimate feelings of disenfranchisement, distrust of government, and the sheer complexity of legal jargon. By stringing together real documents…like E.O. 13818, the Stafford Act, and military manuals…and wildly misinterpreting them, conspiracy theorists create a “blueprint” that looks compelling to the untrained eye. It provides a comforting narrative for those unhappy with political realities: the idea that a secret plan is unfolding, the “good guys” are secretly in control, and justice will soon be served in a dramatic fashion.
However, these theories are deeply corrosive. They encourage people to reject observable reality in favor of a comforting fiction. When a society begins to believe that its institutions, elections, and legal systems are merely a staged movie, and that secret military tribunals are the only path to justice, the foundational trust required for a functioning democracy begins to erode.
So now…
Executive Order 13818 is a vital instrument for human rights, built on the legacy of a man who died fighting corruption. It was designed to ensure that the United States does not become a safe haven for the blood money of foreign dictators and criminals. It is a public, legal, and standard use of executive branch authority. It is not a declaration of martial law, it did not initiate a secret continuity of government, and it is not a weapon for domestic political retribution. The truth of E.O. 13818 is found in the Federal Register, not in the convoluted, red-string-connected conspiracy boards of the internet.
References
- Executive Order 13818 of December 20, 2017: Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption, 82 Fed. Reg. 60839 (Dec. 26, 2017).
- Global Magnitsky Human Rights Accountability Act, Public Law 114-328, Subtitle F, December 23, 2016.
- U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC). Global Magnitsky Sanctions Program.
- National Emergencies Act, 50 U.S.C. §§ 1601-1651.
- International Emergency Economic Powers Act (IEEPA), 50 U.S.C. §§ 1701-1708.
- Posse Comitatus Act, 18 U.S.C. § 1385.
- Ex parte Milligan, 71 U.S. 2 (1866).
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