Monday, June 10, 2013 12:16
Are Emergency Plans Meant Only for Nuclear War the Real Justification for Spying?
To understand the scope, extent and reason that the government spies on all Americans, you have to understand what has happened to our Constitutional form of government since 9/11.
State of Emergency
The United States has been in a declared state of emergency from September 2001, to the present. Specifically, on September 11, 2001, the government declared a state of emergency. That declared state of emergency was formally put in writing on 9/14/2001:
A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001 . . .
That declared state of emergency has continued in full force and effect from 9/11 to the present. President Bush kept it in place, and President Obama has also.
For example, on September 9, 2011, President Obama declared:
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY PROC. NO. 7463
Notice of President of the United States, dated Sept. 9, 2011, 76 F.R. 56633, provided:
Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of
September 11, 2001, and the continuing and immediate threat of
further attacks on the United States.
Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities
adopted to deal with that emergency must continue in effect beyond September 14, 2011. Therefore, I am continuing in effect for an additional year the national emergency that was declared on September 14, 2001, with respect to the terrorist threat.
This notice shall be published in the Federal Register and
transmitted to the Congress.
The Washington Times wrote on September 18, 2001:
Simply by proclaiming a national emergency on Friday, President Bush activated some 500 dormant legal provisions, including those allowing him to impose censorship and martial law.
The White House has kept substantial information concerning its presidential proclamations and directives hidden from Congress. For example, according to Steven Aftergood of the Federation of American Scientists Project on Government Secrecy:
Of the 54 National Security Presidential Directives issued by the [George W.] Bush Administration to date, the titles of only about half have been publicly identified. There is descriptive material or actual text in the public domain for only about a third. In other words, there are dozens of undisclosed Presidential directives that define U.S. national security policy and task government agencies, but whose substance is unknown either to the public or, as a rule, to Congress.
Continuity of Government
Continuity of Government (“COG”) measures were implemented on 9/11. For example, according to the 9/11 Commission Report, at page 38:
At 9:59, an Air Force lieutenant colonel working in the White House Military Office joined the conference and stated he had just talked to Deputy National Security Advisor Stephen Hadley. The White House requested (1) the implementation of continuity of government measures, (2) fighter escorts for Air Force One, and (3) a fighter combat air patrol over Washington, D.C.
Likewise, page 326 of the Report states:
The secretary of defense directed the nation’s armed forces to Defense Condition 3, an increased state of military readiness. For the first time in history, all nonemergency civilian aircraft in the United States were grounded, stranding tens of thousands of passengers across the country. Contingency plans for the continuity of government and the evacuation of leaders had been implemented.
The Washington Post notes that Vice President Dick Cheney initiated the COG plan on 9/11:
From the bunker, Cheney officially implemented the emergency continuity of government orders . . .
(See also footnotes cited therein and this webpage.)
CNN reported that – 6 months later – the plans were still in place:
Because Bush has decided to leave the operation in place, agencies including the White House and top civilian Cabinet departments have rotated personnel involved, and are discussing ways to staff such a contingency operation under the assumption it will be in place indefinitely, this official said.
Similarly, the Washington Post reported in March 2002 that “the shadow government has evolved into an indefinite precaution.” The same article goes on to state:
Assessment of terrorist risks persuaded the White House to remake the program as a permanent feature of ‘the new reality, based on what the threat looks like,’ a senior decisionmaker said.
As CBS pointed out, virtually none of the Congressional leadership knew that the COG had been implemented or was still in existence as of March 2002:
Key congressional leaders say they didn’t know President Bush had established a “shadow government,” moving dozens of senior civilian managers to secret underground locations outside Washington to ensure that the federal government could survive a devastating terrorist attack on the nation’s capital, The Washington Post says in its Saturday editions.
Senate Majority Leader Thomas A. Daschle (D-S.D.) told the Post he had not been informed by the White House about the role, location or even the existence of the shadow government that the administration began to deploy the morning of the Sept. 11 hijackings.
An aide to House Minority Leader Richard A. Gephardt (D-Mo.) said he was also unaware of the administration’s move.
Among Congress’s GOP leadership, aides to House Speaker J. Dennis Hastert (Ill.), second in line to succeed the president if he became incapacitated, and to Senate Minority Leader Trent Lott (Miss.) said they were not sure whether they knew.
Aides to Sen. Robert C. Byrd (D-W. Va.) said he had not been told. As Senate president pro tempore, he is in line to become president after the House speaker.
Similarly, the above-cited CNN article states:
Senate Majority Leader Tom Daschle, D-South Dakota, said Friday he can’t say much about the plan.
“We have not been informed at all about the role of the shadow government or its whereabouts or what particular responsibilities they have and when they would kick in, but we look forward to work with the administration to get additional information on that.”
Indeed, the White House has specifically refused to share information about Continuity of Government plans with the Homeland Security Committee of the U.S. Congress, even though that Committee has proper security clearance to hear the full details of all COG plans.
Specifically, in the summer 2007, Congressman Peter DeFazio, on the Homeland Security Committee (and so with proper security access to be briefed on COG issues), inquired about continuity of government plans, and was refused access. Indeed, DeFazio told Congress that the entire Homeland Security Committee of the U.S. Congress has been denied access to the plans by the White House.
(Or here is the transcript).
The Homeland Security Committee has full clearance to view all information about COG plans.
DeFazio concluded: “Maybe the people who think there’s a conspiracy out there are right”.
University of California Berkeley Professor Emeritus Peter Dale Scott points out that – whether or not COG plans are still in effect – the refusal of the executive branch to disclose their details to Congress means that the Constitutional system of checks and balances has already been gravely injured:
If members of the Homeland Security Committee cannot enforce their right to read secret plans of the Executive Branch, then the systems of checks and balances established by the U.S. Constitution would seem to be failing.
To put it another way, if the White House is successful in frustrating DeFazio, then Continuity of Government planning has arguably already superseded the Constitution as a higher authority.
Indeed, continuity of government plans are specifically defined to do the following:
- Top leaders of the “new government” called for in the COG would entirely or largely go into hiding, and would govern in hidden locations
- Those within the new government would know what was going on. But those in the “old government” – that is, the one created by the framers of the Constitution – would not necessarily know the details of what was happening
- Normal laws and legal processes might largely be suspended, or superseded by secretive judicial forums
- The media might be ordered by strict laws – punishable by treason – to only promote stories authorized by the new government
Could the White House have maintained COG operations to the present day?
I don’t know, but the following section from the above-cited CNN article is not very reassuring:
Bush triggered the precautions in the hours after the September 11 strikes, and has left them in place because of continuing U.S. intelligence suggesting a possible threat.
Concerns that al Qaeda could have gained access to a crude nuclear device “were a major factor” in the president’s decision, the official said. “The threat of some form of catastrophic event is the trigger,” this official said.
This same official went on to say that the U.S. had no confirmation — “and no solid evidence” — that al Qaeda had such a nuclear device and also acknowledged that the “consensus” among top U.S. officials was that the prospect was “quite low.”
Still, the officials said Bush and other top White House officials including Cheney were adamant that the government take precautions designed to make sure government functions ranging from civil defense to transportation and agricultural production could be managed in the event Washington was the target of a major strike.
As is apparent from a brief review of the news, the government has, since 9/11, continuously stated that there is a terrorist threat of a nuclear device or dirty bomb. That alone infers that COG plans could, hypothetically, still be in effect, just like the state of emergency is still in effect and has never been listed.
Indeed, President Bush said on December 17, 2005, 4 years after 9/11: