What are these MAGA Commentators/Influencers Claiming?
While their specific posts vary, the overarching theory regarding EO 13848 generally includes the following points:
- The “Trap” Theory: They argue that Trump signed this order in 2018 as a proactive “trap” for domestic political opponents who might collude with foreign entities to rig the 2020 election.
- Active National Emergency: They emphasize that because the “National Emergency” declared in the order has been renewed annually and is still active, normal constitutional government is suspended, and the military is currently in charge (devolving power away from the recognized Biden administration).
- Secret Military Option: They often suggest this EO provides the legal framework for mass arrests or a military corrective action to “fix” the 2020 election results retrospectively based on classified evidence of foreign interference.
What is Executive Order 13848?
Signed by President Donald Trump on September 12, 2018, EO 13848 is titled “Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election.”
Its actual legal function is specific and public:
- Declares a National Emergency: It uses the International Emergency Economic Powers Act (IEEPA) to declare foreign election interference an “unusual and extraordinary threat” to national security. (Note: This is standard legal language required to unlock presidential sanctioning powers).
- Mandates Reports: It requires the Director of National Intelligence (DNI) to assess any foreign interference within 45 days of an election. It also requires the Attorney General and Homeland Security to report if that interference affected election infrastructure.
- Creates Sanction Authority: It authorizes the Treasury Department to seize assets and block property of foreign individuals or entities (like Russian troll farms or Iranian hackers) found to have interfered.
Why these MAGA Influencer/Commentators Claims are False
These MAGA Influencer/Commentator’s interpretation misrepresents the legal scope and actual application of the order.
1. It is About Foreign Sanctions, Not Domestic Law
The order is grounded in IEEPA, a statute designed for economic warfare (freezing bank accounts, blocking trade). It does not give the President or the military authority over domestic election certification, which is governed by the Constitution and the Electoral Count Act. It cannot be used to “overturn” an election result once certified by Congress.
2. “National Emergency” is a Legal Term, Not Martial Law
The U.S. is currently under dozens of concurrent “national emergencies” that allow presidents to utilize specific statutory powers. For example, the national emergency declared after 9/11 is still active.
Declaring a national emergency under IEEPA does not suspend the Constitution, implement martial law, or grant the military control over the government. It simply allows the Treasury Department to freeze specific foreign assets without waiting for Congress to pass a new law every time.
3. The Required Reports Were Issued
The mechanisms in EO 13848 were used for the 2020 election. The Intelligence Community released its unclassified report in March 2021. It found that while Russia and Iran attempted to influence public opinion through propaganda agents within MAGA, there was no evidence that any foreign actor manipulated vote tallies or technically altered the election results. Because the prerequisite findings for changing the election outcome did not exist, the conspiracy theory has no basis in the order’s own text.
4. Bipartisan Renewal
President Biden had renewed EO 13848 every year since taking office. If this order were a secret Trump-era “trap” designed to invalidate Biden’s presidency, the Biden administration would simply let it expire. They continue it because it remains a necessary tool for sanctioning foreign adversaries.
References and Citations:
All of the above is based on established knowledge regarding the U.S. Executive Orders and common themes within the debunked MAGA “devolution” conspiracy theories.
Below are the specific primary sources, official government reports, and reference materials that support the facts presented in that response:
1. The Actual Text and Purpose of Executive Order 13848
- Source: Federal Register / The American Presidency Project
- Relevance: The official text of the order, “Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election,” confirms it is based on the International Emergency Economic Powers Act (IEEPA) and is designed specifically for economic sanctions against foreign actors, not domestic military action.
- Source: Congressional Research Service (CRS)
- Relevance: Explains that IEEPA (the statutory basis for the EO) is a tool for regulating economic transactions during national emergencies, confirming it does not grant martial law powers.
2. Findings of the 2020 Election Reports
- Source: Office of the Director of National Intelligence (ODNI)
- Relevance: The declassified March 2021 report mandated by EO 13848. It found “no indications that any foreign actor attempted to interfere in the 2020 US elections by altering any technical aspect of the voting process, including voter registration, casting ballots, vote tabulation, or reporting results.”
- Source: Department of Justice (DOJ) & Department of Homeland Security (DHS)
- Relevance: The joint report confirming no evidence was found that foreign government-affiliated actors compromised the integrity of the vote.
3. Continuation of the Order by President Biden
- Source: Federal Register (September 11, 2024)
- Relevance: Official notice from President Biden continuing the national emergency with respect to foreign election interference for another year, demonstrating it is a standard bipartisan tool rather than a “trap.”