NSPD51 - why?

[Peter Lemkin]

In reading the foregoing it looks to me that this Order can come into force anywhere, irrespective of an event taking place inside the continental United States, if it is considered that the event impacts on the US.

"Drastic" is not too powerful a word to use, I think.

While the 'laws' [cough!] are mostly classified and NOT avaiable to even the best Congress money can buy crowd - and certainly not the Public [is that socialism?].....what we do know is enough to know that the President alone [or whoever has just killed or incapacitated the President and clamed succession to the 'throne' [is that Monarchy?] can declare for any perceived or invented 'threat' to the USA [read the power elite in the USA and its extensive colonial Empire] institute COG (Continuity Of Government [sic]) and then the Consitution is set aside and Martial Law is the name of the game. Nice - real 'democratic-like', dudes and dudesses!

Congress, the Bush Adminstration and Continuity of Government Planning
The Showdown

By PETER DALE SCOTT

In August 2007, Congressman Peter DeFazio, a member of the House Homeland Security Committee, told the House that he and the rest of his Committee had been barred from reviewing parts of National Security Presidential Directive 51, the White House supersecret plans to implement so-called "Continuity of Government" in the event of a mass terror attack or natural disaster. (1)

Norm Ornstein, of the conservative American Enterprise Institute, commented, "I cannot think of one good reason" for denial. Ornstein added, "I find it inexplicable and probably reflective of the usual, knee-jerk overextension of executive power that we see from this White House." (2)

The story, ignored by the mainstream press, involved more than the usual tussle between the legislative and executive branches of the U.S. Government. What was at stake was a contest between Congress's constitutional powers of oversight, and a set of policy plans that could be used to suspend or modify the constitution.

There is nothing wrong with disaster planning per se. Like all governments, the U.S. government must develop plans for the worst contingencies. But Congress has a right to be concerned about Continuity of Government (COG) plans refined by Dick Cheney and Donald Rumsfeld over the past quarter century, which journalists have described as involving suspension of the constitution. (3)

In the 1980s, a secret group of planners inside and outside the government were assigned, by an Executive Order, to develop a response to a nuclear attack in which the U.S. government had been decapitated, forcing an alternative to the constitutional rules of succession. Two of these planners were Dick Cheney, then a Congressman, and Donald Rumsfeld, then a private citizen and CEO of the G.D. Searle drug company.

"One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack.It was decided that no, it would be easier to operate without them," said one of the COG planners in the 1980s, who spoke to James Mann (The Rise of the Vulcans, 141-42). James Bamford reported the same remark in his book Pretext for War (p. 74).

After the end of the Cold War, the urgency of coming up with plans faded. The COG nuclear planning project "has less than six months to live," reported Tim Weiner of the New York Times. (April 17, 1994). Mann and Bamford concluded, wrongly, that all the COG planning of the Reagan era had been abandoned.

In fact, Reagan's Executive Order 12656, issued in 1988, remained in effect. The order states that Continuity of Government procedures are called for in the event of "any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States." (4)

Under Clinton, some parts of the planning, presumably military, were continued by a group including Rumsfeld and others whose roster (according to Andrew Cockburn) was "filled almost exclusively with Republican hawks." Cockburn quotes one participant, a former Pentagon official, who said "They'd meet, do the exercise, but also sit around and castigate the Clinton administration in the most extreme way." (5)

According to the 9/11 Commission Report (p. 326; cf. p. 38), "Contingency plans for the continuity of government" were implemented on September 11, 2001. (6) But what measures were invoked remains unclear.

Some clues may be supplied by COG's past history. COG planning in the 1980s was handled by the Federal Emergency Management Agency and its controversial director, Louis Giuffrida. According to a Miami Herald article by Alfonso Chardy on July 5, 1987, Giuffrida's plans included "suspension of the Constitution," along with detailed arrangements for the declaration of martial law. (7)

Those suspicious of what COG means today have pointed to a number of post 9/11 steps to facilitate the implementation of martial law, including the creation of a new military command (NORTHCOM) for the continental United States. They note also Homeland Security's strategic plan Endgame, whose stated goal is the creation of detention camps designed to "remove all removable aliens," including "potential terrorists."

Then in 2007 National Security Presidential Directive 51 (NSPD 51), issued by the White House, empowered the President to personally ensure "continuity of government" in the event of any "catastrophic emergency." (8) According to the Washington Post (May 10, 2007), this directive "formalizes a shift of authority," from the Department of Homeland Security to the White House, in establishing " a shadow government" after an emergency. (9) Congress has yet to hold a single hearing on NSPD 51. (10)

NSPD 51 contains "classified Continuity Annexes" which shall "be protected from unauthorized disclosure." Congressman DeFazio twice requested to see these Annexes, the second time in a letter cosigned by House Homeland Security Committee Chairman Bennie Thompson and Oversight Subcommittee Chairman Christopher Carney. It was these requests that the White House denied.

Without full disclosure, such suspicions will only fester and distract from the real issue: the role of Congress in constitutional government. In the event of national emergency, Congress must be at the heart of the defense of democratic government and American territory. It is reasonable for the citizenry to ask, "How do Continuity of Government plans preserve and protect the role of the popularly chosen branch of government?" The answer is, we simply don't know.

DeFazio's inability to get access to the NSPD Annexes is less than reassuring. 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.

Will Congress insist on its right of review COG planning? The answer to this question will depend on discussion in the blogosphere, the degree of pressure exerted by the electorate on their representatives, and the questions asked the men and women who would be president.

Peter Dale Scott is the author of The Road to 9/11.

Notes.

1. Congressional Record, August 2, 2007. The text of National Security Presidential Directive 51 can be seen here.

2. Jeff Kosseff, The Oregonian, July 20, 2007.

3. Scott, The Road to 9/11, 183-87; citing Ross Gelbspan, Break-ins, Death Threats, and the FBI: The Covert War against the Central America Movement (Boston: South End Press, 1991), 184; Alfonso Chardy, Miami Herald, July 5, 1987.

4. The provisions of Executive Order 12656 of November 18, 1988, appear at 53 FR 47491, 3 CFR, 1988 Comp., p. 585, "Executive Order 12656-Assignment of Emergency Preparedness Responsibilities," . The Washington Post (Gellman and Schmidt, "Shadow Government Is at Work in Secret," March 1, 2002) later claimed, incorrectly, that Executive Order 12656 dealt only with "a nuclear attack."

5. Andrew Cockburn, Rumsfeld: His Rise, Fall, and Catastrophic Legacy (New York: Scribner, 2007), 88)

6. 9/11 Commission Report, 326, cf. 38; Scott, Road to 9/11, 220-29.

7. Alfonso Chardy, "Reagan Aides and the `Secret' Government, Miami Herald, July 5, 1987.

8. National Security Presidential Directive 51.

9. Spencer S. Hsu, "Bush Changes Continuity Plan: Administration, Not DHS, Would Run Shadow Government," Washington Post, May 10, 2007,

10. Lewis Seiler and Dan Hamburg, San Francisco Chronicle (February 4, 2008),
http://video.google.com/videoplay?docid=...7099383010
http://www.youtube.com/watch?v=vQ7tVb5rskE [warning - may disturb sleep paterns permanently!]

10-Year U.S. Strategic Plan For Detention Camps Revives Proposals From Oliver North

New America Media, News Analysis/Commentary, Peter Dale Scott, Posted: Feb 21, 2006

Editor's Note: A recently announced contract for a Halliburton subsidiary to build immigrant detention facilities is part of a longer-term Homeland Security plan titled ENDGAME, which sets as its goal the removal of "all removable aliens" and "potential terrorists." Scott is author of "Drugs, Oil, and War: The United States in Afghanistan, Colombia, and Indochina" (Rowman & Littlefield, 2003). He is completing a book on "The Road to 9/11." Visit his Web site at http://www.peterdalescott.net.

The Halliburton subsidiary KBR (formerly Brown and Root) announced on Jan. 24 that it had been awarded a $385 million contingency contract by the Department of Homeland Security to build detention camps. Two weeks later, on Feb. 6, Homeland Security Secretary Michael Chertoff announced that the Fiscal Year 2007 federal budget would allocate over $400 million to add 6,700 additional detention beds (an increase of 32 percent over 2006). This $400 million allocation is more than a four-fold increase over the FY 2006 budget, which provided only $90 million for the same purpose.

Both the contract and the budget allocation are in partial fulfillment of an ambitious 10-year Homeland Security strategic plan, code-named ENDGAME, authorized in 2003. According to a 49-page Homeland Security document on the plan, ENDGAME expands "a mission first articulated in the Alien and Sedition Acts of 1798." Its goal is the capability to "remove all removable aliens," including "illegal economic migrants, aliens who have committed criminal acts, asylum-seekers (required to be retained by law) or potential terrorists."

There is no question that the Bush administration is under considerable political pressure to increase the detentions of illegal immigrants, especially from across the Mexican border. Confrontations along the border are increasingly violent, often involving the drug traffic.

But the problem of illegal immigration cannot be separated from other Bush administration policies: principally the retreat from traditional American programs designed to combat poverty in Latin America. In Florida last week, Democratic Party leader Howard Dean attacked the new federal budget for its almost 30 percent cut in development aid to Latin America and the Caribbean.

In truth, both parties have virtually abandoned the John F. Kennedy vision of an Alliance for Progress in Latin America. Kennedy's hope was that, by raising the standard of living of Latin America's poor, there would be less pressure on them to emigrate to the United States.

That vision foundered when successive administrations, both Democratic and Republican, contributed to the overthrow of democratically elected governments in Brazil, Chile and elsewhere, replacing them with oppressive dictatorships.

Since about 1970, the policies of the U.S.-dominated International Monetary Fund have also aggravated the problem of poverty in the rest of the world, especially Latin America. U.S. programs abroad, like programs at home, are now designed principally around the concept of security -- above all for oil installations and pipelines.

In consequence, the United States is being redefined as a vast gated community, hoping to isolate itself by force from its poverty-stricken neighbors. Inside the U.S. fortress sit 2.1 million prisoners, a greater percentage of the population than in any other nation. ENDGAME's crash program is designed to house additional detainees who have not been convicted of crimes.

Significantly, both the KBR contract and the ENDGAME plan are open-ended. The contract calls for a response to "an emergency influx of immigrants, or to support the rapid development of new programs" in the event of other emergencies, such as "a natural disaster." "New programs" is of course a term with no precise limitation. So, in the current administration, is ENDGAME's goal of removing "potential terrorists."

It is relevant that in 2002, Attorney General John Ashcroft announced his desire to see camps for U.S. citizens deemed to be "enemy combatants." On Feb. 17 of this year, in a speech to the Council on Foreign Relations, Defense Secretary Donald Rumsfeld spoke of the harm being done to the country's security, not just by the enemy, but also by what he called "news informers" who needed to be combated in "a contest of wills." Two days earlier, citing speeches critical of Bush by Al Gore, John Kerry, and Howard Dean, conservative columnist Ben Shapiro called for "legislation to prosecute such sedition."

Since 9/11 the Bush administration has implemented a number of inter-related programs, which had been planned for secretly in the 1980s under President Reagan. These so-called "Continuity of Government" or COG proposals included vastly expanded detention capabilities, warrantless eavesdropping and detention, and preparations for greater use of martial law.

Prominent among the secret planners of this program in the 1980s were then-Congressman Dick Cheney and Donald Rumsfeld, who at the time was in private business as CEO of the drug company G.D. Searle.

The principal desk officer for the program was Oliver North, until he was forced to resign in 1986 over Iran-Contra.

When planes crashed into the World Trade Center on Sept. 11, 2001, Vice President Cheney's response, after consulting President Bush, was to implement a classified "Continuity of Government" plan for the first time, according to the 9/11 Commission report. As the Washington Post later explained, the order "dispatched a shadow government of about 100 senior civilian managers to live and work secretly outside Washington, activating for the first time long-standing plans."

What these managers in this shadow government worked on has never been reported. But it is significant that the group that prepared ENDGAME was, as the Homeland Security document puts it, "chartered in September 2001." For ENDGAME's goal of a capacious detention capability is remarkably similar to Oliver North's controversial Rex-84 "readiness exercise" for COG in 1984. This called for the Federal Emergency Management Agency (FEMA) to round up and detain 400,000 imaginary "refugees," in the context of "uncontrolled population movements" over the Mexican border into the United States.

North's exercise, which reportedly contemplated possible suspension of the United States Constitution, led to questions being asked during the Iran-Contra Hearings. One concern then was that North's plans for expanded internment and detention facilities would not be confined to "refugees" alone.

Oliver North represented a minority element in the Reagan administration, which soon distanced itself from both the man and his proposals. But that minority associated with COG planning, which included Dick Cheney, appear to be in control of the U.S. government today.