[wvns] Legislation since 1939 That Eroded Civil Liberties
Timeline of Legislation since 1939 That Have Eroded Civil Liberties
Continuity of Government / Shadow Government
Project: Loss of US Civil Liberties
Open-Content project managed by Paul, PDevlinBuckley, blackmax
September 8, 1939: President Roosevelt Reorganizes Executive Office of the President, Office of Emergency Management Created
President Franklin D. Roosevelt signs Executive Order 8248, reorganizing the Executive Office of the President. According to the order, "There shall be within the Executive Office of the President the following principal divisions, namely: (1) The White House Office, (2) the Bureau of the Budget, (3) the National Resources Planning Board, (4) the Liaison Office for Personnel Management, (5) the Office of Government Reports, and (6) in the event of a national emergency, or threat of a national emergency, such office for emergency management as the President shall determine." The order creates the Office of Emergency Management (OEM), a civil defense unit responsible for protecting government functions in the event of a disaster. The President's Secretary declares that in times of national emergency, "it has always been necessary to establish administrative machinery in addition to that required for normal work of the government.… Although these management facilities need be brought into action only when an emergency or serious threat of emergency exists, they must function in an integral relationship to the regular management arms of the President." [Executive Order 8248, 9/8/1939; New York Times, 9/10/1939; New York Times, 3/28/1941; New York Times, 4/20/1941]
Entity Tags: Office of Emergency Management, Franklin Delano Roosevelt
Category Tags: Continuity of Government
July 26, 1947: President Truman Signs National Security Act of 1947
President Harry Truman signs the National Security Act of 1947, reorganizing the military and overhauling the government's foreign policy-making bureaucracy. The act gives birth to three major organizations: the Department of Defense (DOD), the Central Intelligence Agency (CIA) and the National Security Council (NSC). The DOD unifies the three branches of the military—the Army, Navy and Air Force—into a single department overseen by a secretary of defense. The act establishes a separate agency, the CIA, to oversee all overt and covert intelligence operations. The act forms the NSC to directly advise the President on all matters of defense and foreign policy. In addition, the act establishes the National Security Resources Board (NSRB) to advise the President "concerning the coordination of military, industrial, and civilian mobilization" in times of war. Should the nation come under attack, the NSRB will be in charge of allocating essential resources and overseeing "the strategic relocation of industries, services, government, and economic activities, the continuous operation of which is essential to the Nation's security." [US Congress. House. Senate., 7/26/1947; Trager, 11/1977]
Entity Tags: National Security Act of 1947, Harry S. Truman, National Security Council, US Department of Defense, National Security Resources Board, Central Intelligence Agency
Category Tags: Continuity of Government
December 1, 1950: President Truman Establishes Federal Civil Defense Administration
President Harry S. Truman signs Executive Order 10186, shifting many responsibilities of the National Security Resources Board (NSRB), which oversees federal emergency planning, to a new civil defense organization, the Federal Civil Defense Administration (FCDA). The FCDA is placed within the Office of Emergency Management (OEM), an agency established as part of the Executive Office of the President years earlier by President Franklin Roosevelt (see September 8, 1939). The purpose of the FCDA, according to President's Truman's order, "shall be to promote and facilitate the civil defense of the United States in cooperation with several States." [Executive Order 10186, 12/1/1950] The Federal Civil Defense Act of 1950 will be signed into law weeks later, establishing the FCDA as an independent agency and detailing the organization's responsibilities (see January 12, 1951)
Entity Tags: Federal Civil Defense Administration, Harry S. Truman, Office of Emergency Management
Category Tags: Continuity of Government
December 16, 1950: President Truman Establishes Office of Defense Mobilization (ODM), Declares National Emergency
President Harry S. Truman signs Executive Order 10193, establishing the Office of Defense Mobilization (ODM) within the Executive Office of the President. The ODM is granted a wide range of emergency powers in order to mobilize civilians, industries and government agencies to defend the country during a crisis. As part of a broad "mobilization" effort, President Truman calls for increasing the number of total armed forces, increasing defense spending, and expanding the economy to increase war production. President Truman declares a national emergency and delegates many of his war powers to the head of the ODM. According to the New York Times, "President Truman proclaimed a state of emergency this morning and delegated many of his own war powers to Charles E. Wilson, the new mobilization director." Citing the threat of "Communist imperialism," President Truman "signed the proclamation of emergency, which unleashed scores of additional executive powers, and issued an executive order granting virtually blanket authority to Mr. Wilson to carry out all aspects of war production and economic control he deemed necessary." According to the order, the mobilization director "shall on behalf of the president direct, control, and coordinate all mobilization activities of the executive branch of the government, including but not limited to production, procurement, manpower, stabilization, and transport activities." [Executive Order 10193, 12/16/1950; New York Times, 12/16/1950, pp. 1; New York Times, 12/16/1950, pp. 1]
Entity Tags: Office of Defense Mobilization, Charles E. Wilson, Harry S. Truman
Category Tags: Continuity of Government
January 12, 1951: President Truman Signs Federal Civil Defense Act of 1950
President Harry S. Truman signs the Federal Civil Defense Act of 1950. The Federal Civil Defense Administration (FCDA), established weeks earlier within the Executive Office of the President (see December 1, 1950), is transformed into an independent agency headed by a presidential appointee. The FCDA is placed in charge of providing emergency aid and assistance to local communities affected by disasters. The act also provides special emergency powers to the FCDA and the President in the event of a national crisis. According to President Truman, the act establishes a "basic framework for preparations to minimize the effects of an attack on our civilian population, and to deal with the immediate emergency conditions which such an attack would create." According to the New York Times, "The measure directs the Federal Government to provide leadership to states and communities in developing arrangements to protect civilian life and property in the country's 150 critical target areas against possible enemy attack by atomic bombs, biological or bacteriological warfare or any other technique." The new civil defense plans are estimated to cost $3.1 billion. The FCDA will distribute brochures and produce television and radio segments aimed at preparing the general public for a nuclear attack. The FCDA will also stage drills and exercises to test public and government readiness for such a disaster. The agency will become infamous for encouraging civilians to "duck and cover" in the event of a nuclear strike. [Statement by the President Upon Signing the Federal Civil Defense Act of 1950, 1/12/1951; New York Times, 1/12/1951, pp. 7; Slate, 2/20/2003; Henry B. Hogue and Keith Bea, 6/1/2006, pp. 10 ]
Entity Tags: Harry S. Truman, Federal Civil Defense Administration
Category Tags: Continuity of Government
April 17, 1952: President Truman Signs Executive Order 10346, Orders Continuity Planning
President Harry S. Truman signs Executive Order 10346, ordering the Federal Civil Defense Administration (FCDA) to coordinate "continuity" plans within the federal government. The plans will be designed to ensure the continuation of essential government functions in the event of a major disaster, such as a nuclear attack on Washington DC. According to the order, "each Federal department and agency shall prepare plans for maintaining the continuity of its essential functions at the seat of government and elsewhere during the existence of a civil-defense emergency." In addition to the FCDA, the National Security Resources Board (NSRB), established by the National Security of Act of 1947, (See July 26, 1947), is to play an advisory role in the emergency plans. [Executive Order 10346, 4/17/1952]
Entity Tags: Harry S. Truman, National Security Resources Board, Federal Civil Defense Administration
Category Tags: Continuity of Government
June 12, 1953: Office of Defense Mobilization (ODM) Replaces National Security Resources Board (NSRB)
Reorganization Plan No. 3 of 1953 is signed into law, restructuring the Office of Defense Mobilization (ODM) within the Executive Office of the President. The ODM, originally created by President Harry S. Truman in December of 1950 (see December 16, 1950), will incorporate the responsibilities of the National Security Resources Board (NSRB), which shares similar objectives. The purpose of the ODM is to ensure the continuation of essential government and industry functions, particularly during times of crisis. President Dwight D. Eisenhower says merging the ODM and the NSRB will "enable one Executive Office agency to exercise strong leadership in our national mobilization effort, including both current defense activities and readiness for any future national emergency." [New York Times, 4/3/1953, pp. 1; US Congress. House. Senate., 6/12/1953]
Entity Tags: Office of Defense Mobilization, National Security Resources Board, Dwight Eisenhower
Category Tags: Continuity of Government
July 1, 1958: Office of Civil and Defense Mobilization (OCDM) Established
Reorganization Plan No. 1 of 1958 is signed into law, merging the Federal Civil Defense Administration (FCDA) and the Office of Defense Mobilization (ODM) into a single agency, the Office of Civil and Defense Mobilization (OCDM). The OCDM will be responsible for ensuring the continuation of essential government and industry functions in the event of a national emergency. President Dwight D. Eisenhower submitted the reorganization plan to Congress in April 1958 with the intention of establishing a "single pattern with respect to the vesting of defense mobilization and civil defense functions." In addition to merging the civil defense agencies, the reorganization plan transfers to the president the authorities previously delegated to the FCDA and the ODM (see December 1, 1950 and December 16, 1950). [Message of the President, 4/24/1958; US Congress. House. Senate., 7/1/1958]
Entity Tags: Office of Civil and Defense Mobilization, Federal Civil Defense Administration, Office of Defense Mobilization, Dwight Eisenhower
Category Tags: Continuity of Government
August 8, 1958: Federal Government Takes Larger Role in Civil Defense
The Federal Civil Defense Act of 1950 is amended, redefining the role played by the federal government in civil defense plans. Prior to the amendment, civil defense was primarily the responsibility of state and local authorities. The amendment, according to the New York Times, "sets forth a broadened program of Federal responsibility in support of local defense efforts." The plan places the federal government in charge of providing "direction, coordination, guidance, and assistance to the states in administering and financing their civil defense effort." Although programs set forth in the amendment will not be funded for several years, the legislation will eventually lead to the creation of a nationwide civil defense cadre. As a result, civil defense offices are established in counties, towns, cities, and states across the country. [New York Times, 11/9/1958, pp. 1; B. Wayne Blanchard, 2/5/2008, pp. 11, 12]
Category Tags: Continuity of Government
July 20, 1961: Funding for Nuclear Fallout Shelter Program Increased, by Kennedy Executive Order
President John F. Kennedy signs Executive Order 10952, calling for a nationwide fallout shelter program. According to the New York Times, "President Kennedy today put the Pentagon in charge of a greatly increased [shelter] program to protect American civilians against the effects of nuclear attack." The New York Times reports the program will "concentrate on public and quasi-public buildings—factories, office buildings, churches—where basements and other protected areas could be easily made into shelters for large numbers of persons." The fallout shelters are expected to cost approximately $300 million. The plan is largely the creation of Frank B. Ellis, the new director of the Office of Civil and Defense Mobilization (OCDM). The White House reorganizes civil defense responsibilities within the federal government. The OCDM is renamed the Office of Emergency Planning (OEP) and several of the organization's responsibilities are shifted to the Office of Civil Defense (OCD), a new organization established within the Department of Defense. [Executive Order 10952, 7/20/1961; New York Times, 7/21/1961, pp. 1; New York Times, 8/2/1961, pp. 1; New York Times, 8/31/1961, pp. 17]
Entity Tags: Office of Emergency Planning, Office of Civil and Defense Mobilization, Office of Civil Defense, Frank B. Ellis, John F. Kennedy
Category Tags: Continuity of Government
1968: US Army Paper Details Plans for Rounding Up `Militants' and `American Negroes'
Around the time of race riots in 1968, a paper is drawn up at the US Army War College detailing plans for rounding up millions of American citizens referred to as "militants" and "American negroes." The paper envisages holding these people at "assembly centers or relocation camps." At this time, or perhaps afterwards, the US maintains a list of suspected enemies of the state that are to be rounded up in the event of a nuclear strike by the Soviet Union (see 1980s or Before). [Radar, 5/2008]
Entity Tags: US Army War College
Category Tags: Continuity of Government
1975: Federal Preparedness Agency Has Domestic Surveillance System, Investigation Discovers
The Federal Preparedness Agency, later renamed the Federal Emergency Management Agency (FEMA), has its own domestic surveillance system in place, according to an investigation by Senator John Tunney (D-CA). He finds that the agency is maintaining electronic dossiers on at least 100,000 Americans that contain information gleaned from wide-ranging computerized surveillance. The database is located in the agency's secret underground city at Mount Weather, near Bluemont, Virginia. The senator's findings will be confirmed in a 1976 investigation by the Progressive magazine, which will find that the Mount Weather computers "can obtain millions of pieces [of] information on the personal lives of American citizens by tapping the data stored at any of the 96 Federal Relocation Centers"—a reference to other classified facilities. According to the Progressive, Mount Weather's databases are run "without any set of stated rules or regulations. Its surveillance program remains secret even from the leaders of the House and the Senate." [Radar, 5/2008]
Entity Tags: John Tunney, Federal Preparedness Agency
Category Tags: Continuity of Government, Database Programs
1981-1992: Cheney and Rumsfeld Practice Secret Continuity of Government Plan, Later Activated on 9/11
Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975. [Source: David Hume Kennerly / Gerald R. Ford Library] (click image to enlarge)Throughout the 1980s, Dick Cheney and Donald Rumsfeld are key players in one of the most highly classified programs of the Reagan administration. Presently, Cheney is working as a Republican congressman, while Rumsfeld is head of the pharmaceutical company G. D. Searle. At least once per year, they both leave their day jobs for periods of three or four days. They head to Andrews Air Force Base, near Washington, DC, and along with 40 to 60 federal officials and one member of the Reagan Cabinet are taken to a remote location within the US, such as an underground bunker. While they are gone, none of their work colleagues, or even their wives, knows where they are. They are participating in detailed planning exercises for keeping government running during and after a nuclear war with the Soviet Union.
Unconstitutional 'Continuity of Government' - This highly secret "Continuity of Government" (COG) program is known as Project 908. The idea is that if the US were under a nuclear attack, three teams would be sent from Washington to separate locations around the US to prepare to take leadership of the country. If somehow one team was located and hit with a nuclear weapon, the second or third team could take its place. Each of the three teams includes representatives from the State Department, Defense Department, CIA, and various domestic-policy agencies. The program is run by a new government agency called the National Program Office. Based in the Washington area, it has a budget of hundreds of million dollars a year, which grows to $1 billion per year by the end of Reagan's first term in office. Within the National Security Council, the "action officer" involved in the COG program is Oliver North, who is a key figure in the mid-1980s Iran-Contra scandal. Reagan's Vice President, George H. W. Bush, also supervises some of the program's efforts. As well as Cheney and Rumsfeld, other known figures involved in the COG exercises include Kenneth Duberstein, who serves for a time as President Reagan's chief of staff, and future CIA Director James Woolsey. Another regular participant is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). The program, though, is extraconstitutional, as it establishes a process for designating a new US president that is nowhere authorized in the US Constitution or federal law. After George H. W. Bush is elected president in 1988 and the effective end of the Soviet Union in 1989, the exercises continue. They will go on after Bill Clinton is elected president, but will then be based around the threat posed by terrorists, rather than the Soviet Union (see 1992-2000). According to journalist James Mann, the participation of Rumsfeld and Cheney in these exercises demonstrates a broader truth about them: "Over three decades, from the Ford administration onward, even when they were out of the executive branch of government, they were never too far away; they stayed in touch with its defense, military, and intelligence officials and were regularly called upon by those officials. Cheney and Rumsfeld were, in a sense, a part of the permanent, though hidden, national security apparatus of the United States." [Mann, 2004, pp. 138-145; Atlantic Monthly, 3/2004; Washington Post, 4/7/2004; Cockburn, 2007, pp. 85]
No Role for Congress - According to one participant, "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." Thus the decision is made to abandon the Constitutional framework of the nation's government if this plan is ever activated. [Dubose and Bernstein, 2006, pp. 198]
Reactivated after 9/11 - The plan they rehearse for in the COG exercises will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002] Mann subsequently comments, "The program is of particular interest today because it helps to explain the thinking and behavior of the second Bush Administration in the hours, days, and months after the terrorist attacks on September 11, 2001." [Atlantic Monthly, 3/2004]
Entity Tags: Richard A. Clarke, Richard ("Dick") Cheney, Oliver North, National Program Office, James Woolsey, Kenneth Duberstein, Donald Rumsfeld, George Herbert Walker Bush
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government, Government Acting in Secret
1980s or Before: Database of Potential Enemies Established as Part of Continuity of Government Plan
As a part of the plan to ensure Continuity of Government (COG) in the event of a Soviet nuclear strike or other emergency, the US government begins to maintain a database of people it considers unfriendly. A senior government official who has served with high-level security clearances in five administrations will say it is "a database of Americans, who, often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived `enemies of the state' almost instantaneously." He and other sources say that the database is sometimes referred to by the code name Main Core, and one says it was set up with help from the Defense Intelligence Agency.
Alleged Link to PROMIS - The database will be said to be linked to a system known as PROMIS, the Prosecutor's Management Information System, over which the US government conducts a long-lasting series of disputes with the private company Inslaw. The exact connection between Main Core and PROMIS is uncertain, but one option is that code from PROMIS is used to create Main Core. PROMIS is most noted for its ability to combine data from different databases, and an intelligence expert briefed by high-level contacts in the Department of Homeland Security will say that Main Core "is less a mega-database than a way to search numerous other agency databases at the same time."
Definition of National Emergency - It is unclear what kind of national emergency could trigger such detention. Executive orders issued over the next three decades define it as a "natural disaster, military attack, [or] technological or other emergency," while Defense Department documents include eventualities like "riots, acts of violence, insurrections, unlawful obstructions or assemblages, [and] disorder prejudicial to public law and order." According to one news report, even "national opposition to US military invasion abroad" could be a trigger.
How Does It Work? - A former military operative regularly briefed by members of the intelligence community will be told that the program utilizes software that makes predictive judgments of targets' behavior and tracks their circle of associations using "social network analysis" and artificial intelligence modeling tools. "The more data you have on a particular target, the better [the software] can predict what the target will do, where the target will go, who it will turn to for help," he will say. "Main Core is the table of contents for all the illegal information that the US government has [compiled] on specific targets."
Origin of Data - In 2008, sources will reportedly tell Radar magazine that a "host of publicly disclosed programs… now supply data to Main Core," in particular the NSA's domestic surveillance programs initiated after 9/11. [Radar, 5/2008]
Entity Tags: Defense Intelligence Agency, INSLAW
Category Tags: Continuity of Government, Database Programs, PROMIS / Main Core
Between 1981 and 1989: Officials Airborne in `Doomsday' Plane for Three Days during Exercise
An E-4B Airborne Command Post. [Source: US Air Force] (click image to enlarge)During the 1980s, top-secret exercises are regularly held, testing a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war (see 1981-1992). The program includes a special plane called the National Emergency Airborne Command Post (NEACP). This is a modified Boeing 747, based at Andrews Air Force Base, near Washington, DC that has its own conference room and special communications gear. Nicknamed the "Doomsday" plane, it could act as an airborne command post from where a president could run the country during a nuclear war. One of the COG exercises run by the Reagan administration involves a team of officials actually staying aloft in the NEACP for three days straight. The team cruises across the US, and up and down the coasts, periodically being refueled in mid-air. [Schwartz, 1998; Mann, 2004, pp. 144] Dick Cheney and Donald Rumsfeld participate in the COG exercises, though whether they are aboard the NEACP in this particular one is unknown. [Atlantic Monthly, 3/2004] The plan that is being rehearsed for in the exercises will be activated in response to the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Also on 9/11, three Doomsday planes (then known as "National Airborne Operations Center" planes) will be in the air, due to an exercise taking place that morning called Global Guardian (see Before 9:00 a.m. September 11, 2001). [Schwartz, 1998; Omaha World-Herald, 2/27/2002]
Entity Tags: Donald Rumsfeld, Richard ("Dick") Cheney
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government, Government Acting in Secret
Before 1986: Oliver North Develops Emergency Plan Including Suspension of Constitution, Detentions
National Security Council officer Colonel Oliver North heads the development of a secret contingency plan called REX 84. In the event of an emergency, the plan calls "for suspension of the Constitution, turning control of the United States over to FEMA [the Federal Emergency Management Agency], [and the] appointment of military commanders to run state and local governments." The plan, initially revealed in the Miami Herald in 1987, also reportedly calls for the detention of upwards of 400,000 illegal aliens and an undisclosed number of American citizens in at least 10 military facilities maintained as potential holding camps. North operates the program from a secure White House site, allegedly using a software program known as PROMIS. PROMIS was designed to track individuals, such as prisoners, by pulling together information from disparate databases into a single record. According to Wired magazine: "Using the computers in his command center, North tracked dissidents and potential troublemakers within the United States. Compared to PROMIS, Richard Nixon's enemies list or Senator Joe McCarthy's blacklist look downright crude." [Radar, 5/2008]
Entity Tags: Wired News, National Security Council, Oliver North, Federal Emergency Management Agency, Richard Nixon
Category Tags: Continuity of Government, Database Programs, PROMIS / Main Core
1987: Senator Bars Oliver North from Answering Question about Suspension of Constitution
During the hearings on the Iran-Contra affair, Representative Jack Brooks (D-TX) puts a question to National Security Council officer Colonel Oliver North about a secret plan he has developed to suspend the constitution and intern people in the event of an emergency (see Before 1986). Referring to a recent article in the Miami Herald, he asks: "Colonel North, in your work at the NSC, were you not assigned at one time to work on plans for the continuity of government in the event of a major disaster." However, Senator Daniel Inouye (D-H), chairman of the Senate Select Committee on Iran-Contra, immediately cuts Brooks off, saying, "I believe that question touches upon a highly sensitive and classified area, so may I request that you not touch upon that, sir." Brooks pushes for an answer, saying: "I read in Miami papers and several others that there had been a plan by that same agency [FEMA]… that would suspend the American Constitution. I was deeply concerned about that and wondered if that was the area in which he [North] had worked." Nevertheless, no answer is allowed to be given. [US Congress, 1987; Radar, 5/2008]
Entity Tags: Oliver North, Jack Brooks, Daniel Inouye
Category Tags: Continuity of Government
1992-2000: Secret Continuity of Government Exercises Prepare for Terrorist Threat
During the 1980s, Dick Cheney and Donald Rumsfeld were regular participants in top-secret exercises, designed to test a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war with the Soviet Union (see 1981-1992). Despite the fall of the Berlin Wall and the collapse of the Soviet Union, the COG exercises continue into the 1990s, being budgeted still at over $200 million per year.
Exercises Prepare for Terrorist Attacks - Now, terrorists replace the Soviet Union as the imagined threat in the exercises. The terrorism envisaged is almost always state-sponsored, with the imagined terrorists acting on behalf of a government. According to journalist James Mann, the COG exercises are abandoned fairly early in the Clinton era, as the scenario is considered farfetched and outdated. However another journalist, Andrew Cockburn, suggests they continue for longer.
Exercise Participants Are Republican Hawks - Cockburn adds that, while the "shadow government" created in the exercises had previously been drawn from across the political spectrum, now the players are almost exclusively Republican hawks. A former Pentagon official with direct knowledge of the program will later say: "It was one way for these people to stay in touch. They'd meet, do the exercise, but also sit around and castigate the Clinton administration in the most extreme way. You could say this was a secret government-in-waiting. The Clinton administration was extraordinarily inattentive, [they had] no idea what was going on." [Atlantic Monthly, 3/2004; Cockburn, 2007, pp. 88]
Richard Clarke Participates - A regular participant in these COG exercises is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). [Washington Post, 4/7/2004; ABC News, 4/25/2004] Although he will later come to prominence for his criticisms of the administration of President George W. Bush, some who have known him will say they consider Clarke to be hawkish and conservative (see May 22, 1998). [Boston Globe, 3/29/2004; US News and World Report, 4/5/2004] The Continuity of Government plan will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002]
Entity Tags: Clinton administration, Andrew Cockburn, Richard A. Clarke, Donald Rumsfeld, Richard ("Dick") Cheney, James Mann, US Department of Defense
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government, Government Acting in Secret
1996-2008: FBI Uses InfraGard to Train Private Citizens to Cooperate with Government, Potentially Enforce Martial Law
InfraGard logo. [Source: Progressive.org]Twenty-three thousand executives and employees of various private firms work with the FBI and the Department of Homeland Security. The group, called InfraGard, receives secret warnings of terrorist threats well in advance of public notification, and sometimes before elected officials. In return, InfraGard provides information to the government. InfraGard is a quiet quasi-governmental entity which wields an unknown, but extensive, amount of power and influence. Michael Hershman, the chairman of the advisory board of the InfraGard National Members Alliance (INMA) and the CEO of an international consulting firm, calls InfraGard "a child of the FBI." The organization started in Cleveland in 1996, when business members cooperated with the FBI to investigate cyber-threats. The FBI then "cloned it," according to Phyllis Schneck, chairman of the board of directors of the INMA. Schneck is one of the biggest proponents of InfraGard. As of February 2008, 86 chapters of InfraGard exist in each of the 50 states, operating under the supervision of local FBI agents. "We are the owners, operators, and experts of our critical infrastructure, from the CEO of a large company in agriculture or high finance to the guy who turns the valve at the water utility," says Schneck. According to the InfraGard website, "At its most basic level, InfraGard is a partnership between the Federal Bureau of Investigation and the private sector. InfraGard chapters are geographically linked with FBI Field Office territories." After the 9/11 attacks, InfraGard experiences explosive growth—from 1,700 members in November 2001 to 23,682 members in January 2008. 350 members of the Fortune 500 have members in InfraGard. Prospective members are sponsored by existing members, then vetted by the FBI. The organization accepts members from agriculture, banking and finance, and chemical industry, defense, energy, food, information and telecommunications, law enforcement, public health, and transportation industries.
Controlled Exposure - InfraGard's inner workings are not available to the general public; its communications with the FBI and DHS are not accessible through the Freedom of Information Act under the "trade secrets" exemption. And InfraGard carefully controls its exposure and contact with the media. According to the InfraGard website: "The interests of InfraGard must be protected whenever presented to non-InfraGard members. During interviews with members of the press, controlling the image of InfraGard being presented can be difficult. Proper preparation for the interview will minimize the risk of embarrassment.… The InfraGard leadership and the local FBI representative should review the submitted questions, agree on the predilection of the answers, and identify the appropriate interviewee.… Tailor answers to the expected audience.… Questions concerning sensitive information should be avoided."
Advance Warning from the FBI - InfraGard members receive quick alerts on any potential terrorist threat or a possible disruption of US infrastructure. Its website boasts that its members can "[g]ain access to an FBI secure communication network complete with VPN encrypted website, webmail, listservs, message boards, and much more." Hershman says members receive "almost daily updates" on threats "emanating from both domestic sources and overseas." Schneck adds, "We get very easy access to secure information that only goes to InfraGard members. People are happy to be in the know." Shortly after the 9/11 attacks, an InfraGard member passed along an FBI warning about a potential threat to California's bridges to then-Governor Gray Davis, who had not yet heard anything from the FBI (see November 1, 2001). In return, InfraGard members cooperate with FBI and DHS operations. Schneck says: "InfraGard members have contributed to about 100 FBI cases. What InfraGard brings you is reach into the regional and local communities. We are a 22,000-member vetted body of subject-matter experts that reaches across seventeen matrixes. All the different stovepipes can connect with InfraGard." The relationships between the FBI and InfraGard members are key, she says. "If you had to call 1-800-FBI, you probably wouldn't bother," she says. "But if you knew Joe from a local meeting you had with him over a donut, you might call them. Either to give or to get. We want everyone to have a little black book." InfraGard members have phone numbers for DHS, the FBI, and to report cyber-threats. InfraGard members who call in "will be listened to," she says; "your call [will] go through when others will not." The American Civil Liberties Union, who has warned about the potential dangers of Infragard to constitutional liberties (see August 2004), retorts, "The FBI should not be creating a privileged class of Americans who get special treatment. There's no `business class' in law enforcement. If there's information the FBI can share with 22,000 corporate bigwigs, why don't they just share it with the public? That's who their real `special relationship' is supposed to be with. Secrecy is not a party favor to be given out to friends.… This bears a disturbing resemblance to the FBI's handing out `goodies' to corporations in return for folding them into its domestic surveillance machinery."
Preparing for Emergencies, Martial Law - InfraGard members are "very much looped into our readiness capability," says a DHS spokeswoman. Not only does DHS "provide speakers" and do "joint presentations" with the FBI, but "[w]e also train alongside them, and they have participated in readiness exercises." InfraGard members are involved with the Bush administration's "National Continuity Policy," which mandates that DHS coordinate with "private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency." InfraGard members participate in "national emergency preparation drills," Schneck says, sometimes by the hundreds. InfraGard members are drilling in preparation for martial law, members say. One business owner recently attended a meeting conducted by FBI and DHS officials. He recalls, "The meeting started off innocuously enough, with the speakers talking about corporate espionage. From there, it just progressed. All of a sudden we were knee deep in what was expected of us when martial law is declared. We were expected to share all our resources, but in return we'd be given specific benefits." In the event of martial law being declared, Infragard members will have the ability to travel in restricted areas and to evacuate citizens. But they will have other abilities and duties as well. InfraGard members, says the business owner, will be authorized to "shoot to kill" if necessary to maintain order and "protect our portion of the infrastructure. [I]f we had to use deadly force to protect it, we couldn't be prosecuted.… We were assured that if we were forced to kill someone to protect our infrastructure, there would be no repercussions. It gave me goose bumps. It chilled me to the bone." Other InfraGard members deny that they have ever been told such; Schneck says InfraGard members will have no civil patrol or law enforcement responsibilities. The FBI calls such assertions "ridiculous." But the business owner's story has been corroborated by other InfraGard members. "There have been discussions like that, that I've heard of and participated in," says Christine Moerke, an InfraGard member from Wisconsin. [InfraGard, 2008; Progressive, 2/7/2008]
Entity Tags: Michael Hershman, US Department of Homeland Security, Christine Moerke, Bush administration, American Civil Liberties Union, Federal Bureau of Investigation, InfraGard National Members Alliance, Gray Davis, Phyllis Schneck, InfraGard
Category Tags: Impositions on Rights and Freedoms, Continuity of Government, Other Surveillance
Early 1998: Richard Clarke Updates Continuity of Government Plan to Prepare for Terrorist Threat
Richard Clarke, the chair of the White House's Counterterrorism Security Group, updates the US Continuity of Government (COG) program. National Security Adviser Sandy Berger has become aware that terrorism and domestic preparedness are now major issues. He suggests the idea of a "national coordinator" for counterterrorism, and that this post should be codified by a new Presidential Decision Directive (PDD). Clarke therefore drafts three new directives. The third, tentatively titled "PDD-Z," updates the COG program. [Clarke, 2004, pp. 166-167] This program, which dates back to the cold war, was originally designed to ensure the US government would continue to function in the event of a nuclear war with the Soviet Union. [Atlantic Monthly, 3/2004] Clarke will later say it "had been allowed to fall apart when the threat of a Soviet nuclear attack had gone away." [Clarke, 2004, pp. 167] He will explain: "We thought that individual buildings in Washington, and indeed perhaps all of Washington, could still come under attack, only it might not be from the former Soviet Union.… It might be with a terrorist walking a weapon into our city." [CBS, 9/11/2001] Therefore, "If terrorists could attack Washington, particularly with weapons of mass destruction, we needed to have a robust system of command and control, with plans to devolve authority and capabilities to officials outside Washington." [Clarke, 2004, pp. 167] President Clinton will sign "PDD-Z" on October 21, 1998, as PDD-67, "Enduring Constitutional Government and Continuity of Government Operations" (see October 21, 1998). The two other directives drafted by Clarke will become PDD-62 (see May 22, 1998) and PDD-63. [Clarke, 2004, pp. 170; Washington Post, 6/4/2006] By February 1999, according to the New York Times, Clarke will have written at least four classified presidential directives on terrorism, which "expand the government's counterterrorism cadres into the $11 billion-a-year enterprise he now coordinates." [New York Times, 2/1/1999] Clarke is a regular participant in secret COG exercises (see (1984-2004)), and will activate the COG plan for the first time on the day of 9/11 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001).
Entity Tags: Richard A. Clarke, Sandy Berger
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government
July 26, 1999: FEMA Sets Out Criteria for Government Agencies' Responses to Emergencies, Including Terrorist Attacks
The Federal Emergency Management Agency (FEMA) issues a circular that provides guidance for government agencies to develop plans for continuity of government operations in the event of an emergency, including a terrorist attack. The circular, FPC 65, goes out to the heads of federal departments and agencies, senior policy officials, and emergency planners. It confirms FEMA's coordinating role in the nation's Continuity of Government (COG) program, and contains criteria for agencies to develop their continuity plans. It states that an agency's continuity of operations (COOP) capability "Must be maintained at a high level of readiness"; "Must be capable of implementation both with and without warning"; "Must be operational no later than 12 hours after activation"; "Must maintain sustained operations for up to 30 days"; and "Should take maximum advantage of existing agency field infrastructures." [Federal Emergency Management Agency, 7/26/1999; US Congress. House. Committee on Government Reform, 4/22/2004] Presidential Decision Directive 67 (PDD-67), issued in October 1998 (see October 21, 1998), required agencies to prepare plans to allow the government to continue functioning in the event of a major terrorist attack on the US, and had placed FEMA in charge of the COG program. [Knight Ridder, 11/17/1999; Washington Post, 6/4/2006] The COG plan detailed in that directive will be activated for the first time on the morning of 9/11 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [ABC News, 4/25/2004]
Entity Tags: Federal Emergency Management Agency
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government
(9:50 a.m.) September 11, 2001: Speaker of the House Hastert Evacuated to Secure Location outside Washington
Speaker of the House Dennis Hastert (R), who is third in line for the presidency, is evacuated from the US Capitol building and flown to a secret underground bunker in Virginia, where he remains until late in the afternoon. [ABC News, 9/11/2001; ABC News, 9/15/2002] Around 9:48, the Capitol building had begun evacuating (see 9:48 a.m. September 11, 2001). At that time, Hastert was on the House floor. Two members of his security detail now enter the chamber and tell him, "We're going to evacuate the Capitol, and you're going to a secure location." They take him out of the building and drive him hurriedly to Andrews Air Force Base, ten miles southeast of Washington. After he arrives there, Hastert is finally able to communicate with Vice President Dick Cheney, who is at the White House. (Hastert had been trying to contact Cheney earlier on, but without success (see (9:04 a.m.-9:45 a.m.) September 11, 2001.) Cheney tells Hastert: "There's a real danger. I want you to go to a secure location." [Hastert, 2004, pp. 8-9] Hastert gets on a helicopter and is flown to the secret underground bunker at Mount Weather in Bluemont, Virginia, 48 miles outside Washington—about 20 minutes journey by air. [Bulletin of the Atomic Scientists, 11/2001; ABC News, 9/15/2002; Bamford, 2004, pp. 81] In the following hours, other top members of the House and Senate leaderships will join him there (see (Between Late Morning and Early Afternoon) September 11, 2001). [ABC News, 9/11/2001; Hastert, 2004, pp. 10] Hastert remains at the secure facility for several hours, and will return to Washington late in the afternoon (see (Between 5:00 p.m. and 6:00 p.m.) September 11, 2001). [Daily Herald (Arlington Heights), 9/11/2002] Hastert's evacuation to Mount Weather is the result of "Continuity of Government" (COG) orders, which provide for evacuating the third and fourth in the line of presidential succession during a national emergency, in order to protect the nation's constitutional leadership. [Washington Post, 1/27/2002] Counterterrorism "tsar" Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]
Entity Tags: Richard ("Dick") Cheney, Mount Weather, Dennis Hastert
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government
9:59 a.m. September 11, 2001: White House Finally Requests Continuity of Government Plans, Air Force One Escort, and Fighters for Washington
According to the 9/11 Commission: "An Air Force lieutenant colonel working in the White House Military Office [joins] the [NMCC's air threat] conference and state[s] that he had just talked to Deputy National Security Adviser Stephen Hadley. The White House request[s]: (1) the implementation of Continuity of Government measures, (2) fighter escorts for Air Force One, and (3) the establishment of a fighter combat air patrol over Washington, DC." [9/11 Commission, 6/17/2004] Counterterrorism "tsar" Richard Clarke gave the order to implement the Continuity of Government plan a few minutes earlier, from inside the White House Situation Room (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Before that, he had requested a fighter escort for Air Force One (see (Between 9:30 a.m. and 9:37 a.m.) September 11, 2001) and combat air patrols over all major US cities (not just Washington), according to his own recollection (see (Between 9:38 a.m. and 9:45 a.m.) September 11, 2001). [Clarke, 2004, pp. 7-8]
Entity Tags: Stephen J. Hadley, Richard A. Clarke, National Military Command Center
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government
(11:00 a.m.) September 11, 2001: Paul Wolfowitz and Others Leave Pentagon for Alternate Command Center
Deputy Defense Secretary Paul Wolfowitz leaves the Pentagon and relocates to the alternate military command center outside Washington. Wolfowitz had evacuated from his office to an area in front of the Pentagon after the building was hit, but then went back inside and joined Defense Secretary Donald Rumsfeld and others in the National Military Command Center (NMCC). [Vanity Fair, 5/9/2003] With smoke seeping into the center, Wolfowitz advises Rumsfeld to leave the NMCC (see (10:40 a.m.-11:00 a.m.) September 11, 2001). But instead Rumsfeld orders Wolfowitz to leave and fly to Site R, the alternate command center, which is located inside Raven Rock Mountain, about six miles north of Camp David, on the Pennsylvania-Maryland border. [Bulletin of the Atomic Scientists, 11/2001; Vogel, 2007, pp. 441] Wolfowitz will later recall that he "was not happy about" receiving this order. [Vanity Fair, 5/9/2003] Minutes later, a helicopter lands outside the Pentagon, and carries Wolfowitz and several others off to the alternate command center. [Goldberg et al., 2007, pp. 132] Site R was designed as a duplicate of the NMCC, and if the NMCC were ever destroyed in an attack or needs to be evacuated, it would serve as the Pentagon's primary command center. [Creed and Newman, 2008, pp. 174] It has "more than 700,000 square feet of floor space, sophisticated computer and communications equipment, and room for more than 3,000 people." [Bulletin of the Atomic Scientists, 11/2001] Others who will relocate to Site R on this day include Army Secretary Thomas White and personnel from the office of the vice chairman of the Joint Chiefs of Staff, though White will return to the Pentagon later on. [Washington Post, 1/9/2002; MSNBC, 9/11/2002; Goldberg et al., 2007, pp. 135] According to journalist and author James Mann, Rumsfeld's decision to order Wolfowitz to leave Washington has its roots in a top secret program Rumsfeld was involved in during the 1980s, which serves to ensure the "Continuity of Government" (COG) in the event of an attack on the US (see 1981-1992). [Mann, 2004, pp. 138-139] Counterterrorism "tsar" Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]
Entity Tags: Site R, Paul Wolfowitz, Donald Rumsfeld
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government
(Between Late Morning and Early Afternoon) September 11, 2001: Congressional Leaders Evacuated to Secure Location outside Washington
Mount Weather. [Source: Department of Homeland Security]Congressional leaders are evacuated from Washington and flown to Mount Weather, a secret and secure bunker in Virginia, where they remain until late in the afternoon. [Los Angeles Times, 9/12/2001; Washington Post, 1/27/2002; ABC News, 9/15/2002] The Capitol building was evacuated shortly after the Pentagon was hit (see 9:48 a.m. September 11, 2001). Most of the leadership teams of both parties subsequently assemble at the Capitol Police building. [Daschle and D'Orso, 2003, pp. 112] Around late morning or early afternoon, orders are given to take them to a secure location outside Washington. The Congressional leaders return to outside the Capitol building, and from there are flown by military helicopter to Mount Weather. [Washington Post, 1/27/2002] Each is allowed to bring one staff member with them. [Daschle and D'Orso, 2003, pp. 114] The Mount Weather Emergency Operations Facility in Bluemont, Virginia, is located 48 miles—about 20 minutes journey by air—from Washington. [Bulletin of the Atomic Scientists, 11/2001; ABC News, 9/15/2002] It was originally built to serve as the new seat of government if there was a nuclear war. [ABC News, 9/11/2001] The underground complex contains about 600,000 square feet of floor space, and can accommodate several thousand people. [Bulletin of the Atomic Scientists, 11/2001] It has extensive communication systems linking it to the nationwide network of Federal Emergency Management Agency (FEMA) bunkers, relocation sites, and the White House Situation Room. [Center for Land Use Interpretation Newsletter, 3/2002] Members of Congress taken to the facility include House Majority Leader Dick Armey (R), House Majority Whip Tom DeLay (R), House Minority Leader Dick Gephardt (D), House Minority Whip David Bonior (D), Senate Majority Leader Tom Daschle (D), Senate Minority Leader Trent Lott (R), Assistant Senate Majority Leader Harry Reid (D), and Senate Minority Whip Don Nickles (R). [Hastert, 2004, pp. 10] Speaker of the House Dennis Hastert was taken there earlier on (see (9:50 a.m.) September 11, 2001). [Bamford, 2004, pp. 80-81] The Congressional leaders will remain at Mount Weather until later in the afternoon, and then return to the Capitol around 6:00 p.m. (see (Between 5:00 p.m. and 6:00 p.m.) September 11, 2001). [ABC News, 9/15/2002; Daschle and D'Orso, 2003, pp. 116; Hastert, 2004, pp. 10] The decision to send them outside Washington on this day has its roots in a top secret program dating back to the cold war, which serves to ensure the "Continuity of Government" (COG) in the event of an attack on the US (see 1981-1992). [United Press International, 9/11/2001; CNN, 9/11/2002; Mann, 2004, pp. 138-139] Counterterrorism "tsar" Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]
Entity Tags: Harry Reid, David Bonior, Don Nickles, Trent Lott, Dick Armey, Tom Daschle, Mount Weather, Tom DeLay, Richard Gephardt
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Continuity of Government
(2:00 p.m.) September 11, 2001: All-Republican US Shadow Government is Formed
The emergency operations facility in Mount Weather, Bluemont, Virginia (the entrance is shown on the left and the interior blast door is shown on the right). This is one of the Continuity of Government bunkers used on 9/11. [Source: ABC News] (click image to enlarge)It is later revealed that only hours after the 9/11 attacks, a US "shadow government" is formed. Initially deployed "on the fly," executive directives on Continuity of Government in the face of a crisis that date back to the Reagan administration are put into effect. Approximately 100 midlevel officials are moved to underground bunkers and stay there 24 hours a day. Presumably among them are a number of FAA managers, members of a designated group of "shadow" managers, who slip away from their usual activities around midday. Officials rotate in and out of the shadow government on a 90-day cycle. While the measure is initially intended only as a temporary precaution, due to further assessment of the risk of terrorism, the White House will decide to make it a permanent feature of "the new reality." A senior official tells CNN that major factors are the concern that al-Qaeda could have gained access to a crude nuclear device, and the "threat of some form of catastrophic event." However, this same official will admit that the US has no confirmation, and "no solid evidence," that al-Qaeda has such a nuclear device, and says that the consensus among top US officials is that the likelihood of this is "quite low." When the existence of the shadow government is later revealed, some controversy will arise because it includes no Democrats. In fact, top congressional Democrats will remain unaware of it until journalists break the story months later. [CNN, 3/1/2002; Washington Post, 3/1/2002; CBS News, 3/2/2002; Freni, 2003, pp. 75]
Entity Tags: US Congress, United States
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Government Acting in Secret, Continuity of Government
September 12, 2001-2002: Vice President Cheney Moves between Secure Locations to Preserve `Continuity of Government'
In the months following 9/11, Vice President Dick Cheney spends large portions of his time in what are referred to as "secure and undisclosed" locations. [CNN, 3/1/2002] He is accompanied to these locations by those considered his "essential staff." This includes his chief of staff, I. Lewis "Scooter" Libby, and Libby's assistant, Jennifer Mayfield; Cheney's personal secretary, Debbie Heiden; his personal aide, Brian McCormack; one of his military aides; and either his counsel, David Addington, or his staff secretary, Neil Patel.
Staff Ordered to Maintain Secrecy - Cheney's personnel are ordered not to mention the vice president's name or title on the phone; his schedule is to go out only over secure fax or classified e-mail; and all members of his staff must always keep a packed bag ready at the office. According to journalist and author Stephen Hayes, the "secure undisclosed location" the vice president goes to is usually Camp David, the presidential retreat in Maryland, although there are other locations. [Hayes, 2007, pp. 349]
Maintaining the 'Continuity of Government' - Cheney explains to PBS the reasoning behind his going to these locations: "[W]ith the possibility that the White House or the Capitol or other facilities here [in Washington] could be targeted in a terrorist attack… it's not a good practice for the president and I to spend a lot of time together.… [I]t's important from the standpoint of our responsibility to maintain the continuity of government to always see to it that nobody—no adversary or enemy would have the capacity of, in effect, decapitating the federal government by taking out the president and the vice president and other senior management, senior leadership." [PBS, 10/12/2001] Yet, despite the supposed danger, he still goes ahead with a pre-planned pheasant-hunting trip in early November (see (November 4-5, 2001)). Cheney's time at the "secure and undisclosed" locations is part of "shadow government" procedures that are implemented following the 9/11 attacks (see (2:00 p.m.) September 11, 2001). [CNN, 3/1/2002] In interviews, he never mentions that he had similarly gone away to undisclosed locations on a regular basis throughout the 1980s, during a series of Continuity of Government exercises (see 1981-1992). [Mann, 2004, pp. 138-139 and 296; Atlantic Monthly, 3/2004]
Entity Tags: Neil Patel, Richard ("Dick") Cheney, Jennifer Mayfield, Debbie Heiden, Lewis ("Scooter") Libby, Brian McCormack, David S. Addington
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Category Tags: Government Acting in Secret, Continuity of Government
August 2004: ACLU Warns that InfraGard May Train Private Citizens to Be `Surrogates' for FBI
The American Civil Liberties Union warns that InfraGard, the private organization that cooperates with the FBI in law enforcement and other areas (see 1996-2008), is a potential threat to constitutional freedoms. "There is evidence that InfraGard may be closer to a corporate TIPS program [TIPS is a program proposed by the Bush administration to encourage Americans to spy on one another], turning private-sector corporations—some of which may be in a position to observe the activities of millions of individual customers—into surrogate eyes and ears for the FBI," the ACLU says in its report, "The Surveillance-Industrial Complex: How the American Government Is Conscripting Businesses and Individuals in the Construction of a Surveillance Society." [Progressive, 2/7/2008]
Entity Tags: Bush administration, American Civil Liberties Union, InfraGard, Federal Bureau of Investigation, Operation TIPS
Category Tags: Privacy, Impositions on Rights and Freedoms, Continuity of Government, Other Surveillance
August 9, 2005: Mueller Urges InfraGard Members to Inform FBI of `Suspicious Activities' and `Disgruntled Employees'
FBI Director Robert Mueller tells an audience at an InfraGard convention, "Those of you in the private sector are the first line of defense." InfraGard is an organization made up of private business executives and employees who work with the FBI in counterterrorism, surveillance, and other areas (see 1996-2008). Mueller urges InfraGard members to contact the FBI if they "note suspicious activity or an unusual event." And he urges members to inform the FBI about "disgruntled employees who will use knowledge gained on the job against their employers." After the convention, Muller says of InfraGard, "It's a great program." [Progressive, 2/7/2008]
Entity Tags: Federal Bureau of Investigation, Robert S. Mueller III, InfraGard
Category Tags: Privacy, Impositions on Rights and Freedoms, Continuity of Government, Other Surveillance
January 24, 2006: Department of Homeland Security Awards Contract for `Temporary Detention and Processing Capabilities'
The Department of Homeland Security awards a contract to Halliburton subsidiary Kellogg, Brown & Root to establish what the $385 million contract describes as "temporary detention and processing capabilities." Journalist Christopher Ketcham will comment: "The contract is short on details, stating only that the facilities would be used for `an emergency influx of immigrants, or to support the rapid development of new programs.' Just what those `new programs' might be is not specified." [Radar, 5/2008]
Entity Tags: Kellogg, Brown and Root, US Department of Homeland Security, Halliburton, Inc.
Category Tags: Continuity of Government, Gov't Violations of Prisoner Rights
July-August 2007: House Homeland Security Committee Member Asks for Classified Annexes to Continuity of Government Program, Does not Receive Them
In July and then again in August, Representative Peter DeFazio (D-OR), a member of the House Homeland Security Committee, asks for access to the "classified annexes" of the Bush administration's Continuity of Government (COG) program. DeFazio became interested in the topic because of Homeland Security Presidential Directive 20 (also known as NSPD-51), issued in May 2007, which reserved for the executive branch the sole authority to decide what constitutes a national emergency and to determine when the emergency is over. In a press release issued in August, DeFazio says he is concerned the NSPD-51 COG plans are "extra-constitutional or unconstitutional." Around the same time, he tells the Oregonian: "Maybe the people who think there's a conspiracy out there are right." However, the documents will not have been released by May 2008. Some time soon after this, Congressional sources will say DeFazio has apparently abandoned his effort to get to the bottom of the classified annexes. However, DeFazio's chief of staff will say he soon intends to ask for a classified briefing. [Radar, 5/2008]
Entity Tags: Peter DeFazio, Homeland Security Presidential Directive 20, House Homeland Security Committee
Category Tags: Continuity of Government
July 10, 2007: Reporter Finds Almost All Improper FBI NSLs Originate from Single Source
Wired News reporter Ryan Singel examines the documents released as part of the FBI's probe into the possibly illegal use of National Security Letters (NSLs) by its agents (see Before Mid-March, 2007). Singel finds that all of the letters originate from the same room in the FBI's Washington headquarters, Room 4944. Almost all of them refer to a "Special Project," and the only name on any of the letters is Larry Mefford. At the time the letters were written, Mefford was the Executive Assistant Director in charge of the Counterterrorism/Counterintelligence Division. His job primarily focused on preventing domestic terror attacks. Having Mefford's name on the letters adds another layer of interest, Singel writes: "… Mefford's name is on documents that requested personal information on Americans. Some of those requests included information known to be false to the agents signing them. That's a federal crime, according to one former FBI agent." It is unclear what the "Special Project" is, outside of its existence within the FBI's Communications Analysis Unit (CAU), which issued the NSLs in question. Why some of the NSLs requested over two pages of phone numbers as part of a single request is also unclear. Singel observes, "The documents also show that these `exigent letters'—essentially end runs around the rules set up to keep the FBI from trampling on citizens rights—weren't devised by some rogue Jack Bauer-style agent [a reference to the popular TV action drama 24.]. The form letters originated from inside FBI Headquarters and in some cases, bear the name of a senior level FBI official who should have been aware of the letters' legal grey status and possibility for abuse." [Wired News, 7/10/2007]
Entity Tags: Counterterrorism/Counterintelligence Division (FBI), Communications Analysis Unit (FBI), Federal Bureau of Investigation, Larry Mefford, Ryan Singel
Category Tags: Privacy, Impositions on Rights and Freedoms, Continuity of Government, Government Acting in Secret, National Security Letters
January 30, 2008: Olbermann: Bush's Call for Telecom Immunity `Textbook Example of Fascism'
MSNBC commentator Keith Olbermann lambasts President Bush's State of the Union call to protect US telecom firms from liability in their cooperation with government surveillance of US citizens (see January 28, 2008): "President Bush has put protecting the telecom giants from the laws ahead of protecting you from the terrorists. He has demanded an extension of the FISA law—the Foreign Intelligence Surveillance Act—but only an extension that includes retroactive immunity for the telecoms who helped him spy on you.… This, Mr. Bush, is simple enough even for you to understand: If Congress approves a new FISA act without telecom immunity and sends it to your desk and you veto it—you, by your own terms and your own definitions, you will have just sided with the terrorists. Ya gotta have this law, or we're all gonna die. But you might veto this law!" Olbermann terms Bush's call for telecom immunity a "shameless, breathless, literal, textbook example of fascism—the merged efforts of government and corporations who answer to no government." With heavy sarcasm Olbermann says: "[The telecom immunity] isn't evil, it's `to protect America.' It isn't indiscriminate, it's `the ability to monitor terrorist communications.' It isn't unlawful, it's just the kind of perfectly legal thing, for which you happen to need immunity.… This is not a choice of protecting the telecoms from prosecution, or protecting the people from terrorists, sir. It is a choice of protecting the telecoms from prosecution, or pretending to protect the people from terrorists.… The eavesdropping provisions of FISA have obviously had no impact on counter-terrorism, and there is no current or perceived terrorist threat, the thwarting of which could hinge on an e-mail or a phone call going through room 641-A at AT&T in San Francisco next week or next month. Because if there were, Mr. Bush, and you were to, by your own hand, veto an extension of this eavesdropping, and some terrorist attack were to follow, you would not merely be guilty of siding with the terrorists, you would not merely be guilty of prioritizing the telecoms over the people, you would not merely be guilty of stupidity, you would not merely be guilty of treason, but you would be personally, and eternally, responsible." [MSNBC, 1/31/2008]
Entity Tags: AT&T, Keith Olbermann, George W. Bush, Foreign Intelligence Surveillance Act
Category Tags: Privacy, Impositions on Rights and Freedoms, Other Legal Changes, Continuity of Government, Government Acting in Secret, NSA Wiretapping / Stellar Wind
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