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02 September 2010 By Stephen
Lendman This article reviews the
historical roots and America's current Continuity of
Government authority, initially planned and developed
by Ronald Reagan. More on that below. On March 1, 2002, Washington Post
writers Barton Gellman and Susan Schmidt headlined,
"Shadow Government Is at Work in Secret," saying: "President Bush has dispatched a
shadow government of about 100 senior civilian
managers to live and work secretly outside Washington,
activating for the first time longstanding plans to
ensure survival of federal rule after a catastrophic
attack on the nation's capital." Shortly after 9/11, a classified
"Continuity of Operations Plan" (aka "continuity of
government") was implemented. Legal documents were
then drafted, creating a shadow government in case of
a catastrophe, George Bush saying: "We take the continuity of
government issue seriously because our nation was
under attack. Until this country has routed out
terrorists wherever they hid, we're not safe." In other words, the plan, like
the "war on terror," is open-ended, in violation of
the Constitution's Separation of Powers, the document
George Bush called "just a goddamn piece of paper,"
and governed accordingly throughout his tenure, a
practice Obama continues. More on that below. On April 4, 2007, the Bush
administration issued a combined White
House/Department of Homeland Security (DHS) National
Security/Homeland Security Presidential Directive NSPD
51/HSPD 20, extending for one year the 9/11 emergency
for the sixth time, and establishing Continuity of
Government (COG) procedures under Catastrophic
Emergency conditions, defined as: "any incident (such as a
terrorist attack), regardless of location, that
results in extraordinary levels of mass casualties,
damage, or disruption severely affecting the US
population, infrastructure, environment, economy, or
government functions." COG is then defined as: "a coordinated effort within the
Federal Government's executive branch to ensure that
National Essential Functions continue to be performed
during a Catastrophic Emergency." The combined directive gave the
president and DHS unprecedented police state powers to
declare martial law without congressional approval,
and be able to rule extrajudicially, free from
constitutional constrains. It also let the
vice-president assume dictatorial powers, George Bush
left a figurehead by clever wording, saying: NSPD 51 "shall be implemented in
a manner that is consistent with, and facilitates
effective implementation of, provisions of the
Constitution concerning succession to the Presidency
or the exercise of its powers, and the Presidential
Succession Act of 1947 (3 U.S.C. 19), with
consultation of the Vice President and, as
appropriate, others involved. Heads of executive
departments and agencies shall ensure that appropriate
support is available to the Vice President and others
involved as necessary to be prepared at all times to
implement those provisions." Related to this was Dick Cheney's
2005 "Contingency Plan" in case of another 9/11 type
attack, authorizing preemptive measures, including
war, against suspected terrorists, individuals and/or
sponsor states, depending on who's designated. COG authority is renewed
annually. Thus, on September 10, 2009, the White House
extended the Bush administration's 9/11 national
emergency, a press release saying: "CONTINUATION OF THE NATIONAL
EMERGENCY WITH RESPECT TO CERTAIN TERRORIST ATTACKS Consistent with sections 202(d)
of the National Emergencies Act, 50 U.S.C. 1622(d), I
am continuing for 1 year the national emergency
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, 2009. Therefore, I am
continuing in effect for an additional year the
national emergency the former President 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." On September 14, 1982, Ronald
Reagan's (secret) National Security Decision
Directive/NSDD 55 established a National Program
Office (NPO), tasked with ensuring the federal
government's survive in case of a national emergency,
specifically a nuclear attack. Reporting to Vice President Bush,
NPO developed and coordinated secret plans with the
Federal Emergency Management Agency (FEMA), CIA, and
Departments of State and Defense to maintain large
underground bunkers, high-tech software, and
procedures to let government function under emergency
conditions - originally in case of nuclear attack, now
terrorist ones or any "emergency," including natural
disasters. In 1988, Reagan's Executive Order
12656 authorized a COG response, including full-scale
militarization in case of a "national security
emergency," defined as: "Any occurrence, including
natural disaster, military attack, technological or
other emergency, that seriously degrades or seriously
threatens the national security of the United
States." The policy remained largely in
place under GHW Bush's April 1990 National Security
Directive (NSD) 37, June 1992 NSD 69 (both titled
Enduring Constitutional Government), and Bill
Clinton's October 1998 Presidential Decision
Directive/National Security Council (PDD/NSC) 67,
titled Enduring Constitutional Government and
Continuity of Government Operations, stating: It "relates to enduring
constitutional government, continuity of operations
(COOP) planning, and continuity of government (COG)
operations....to ensure survival of a constitutional
form of government and the continuity of essential
Federal functions." The earlier notion of "enduring"
or "continuity" of government became changing it
extrajudicially under George Bush, ideas secretly
plotted in the 1980s and 1990s by Dick Cheney, Donald
Rumsfeld and other neocon extremists (so-called
Project 908), implemented on 9/11. According to the 9/11 Commission,
it was without elaboration, but consider what followed
- an array of police state actions by Executive Orders
(EOs), National and Homeland Security Presidential
Directives, legislation, and other disturbing
measures, targeting designated domestic and foreign
adversaries, dissent, civil liberties, human rights,
and other democratic freedoms, including an assault on
the Bill of Rights. What followed included: -- the October 8, 2001 Executive
Order (EO) 13228 establishing two Executive agencies:
the Office of Homeland Security (OHS) "to develop and
implement a national strategy to coordinate federal,
state, and local counterterrorism efforts to secure
the country from and respond to terrorist threats or
attacks;" and the Homeland Security Council (HSC) "to
advise the President on homeland security matters,
mirroring the role the National Security Council (NSC)
plays in national security;" -- the October 2001 USA Patriot
Act, eroding First, Fourth, Fifth, and Fourteenth
Amendment protections, including free association, due
process, freedom from illegal searches and seizures,
and privacy; the crime of "domestic terrorism" was
also established, thereafter targeting animal and
environmental activists and other US citizens; in
February 2010, Obama extended the law with little
notice; -- the November 2001 Military
Order Number 1, authorizing the president to capture,
kidnap or otherwise arrest non-citizens (and later
citizens) anywhere in the world for any reason, and
detain them indefinitely without charge, evidence, due
process or judicial fairness protections of law; -- in April 2002, the US Northern
Command (NORTHCOM) was established, militarizing the
homeland for the first time, authorizing federal
troops in American communities in case of emergencies,
including terrorist attacks and civil unrest; -- the November 2002 Homeland
Security Act (HSA), creating the Department of
Homeland Security (DHS), combining previously separate
federal agencies under one authority to prepare for,
prevent, and respond to domestic emergencies and give
Washington new police state powers; the US Immigration
and Customs Enforcement agency (ICE) is its largest
investigative and enforcement arm, targeting suspected
criminal and terrorist threats, including undocumented
immigrants by their presence, treating them
repressively like common criminals; -- the October 2006 Military
Commissions Act authorized torture and sweeping
unconstitutional powers to detain, interrogate, and
prosecute alleged suspects and collaborators
(including US citizens), detain them indefinitely in
military prisons, and deny them habeas and other legal
protections; -- in October 2006, provisions in
Sections 333 and 1076 of the FY 2007 Defense
Authorization Act amended the 1807 Insurrection Act
and 1878 Posse Comitatus Act, prohibiting federal or
National Guard troops use for law enforcement unless
congressionally authorized in emergencies like an
insurrection; now the president can claim a public
emergency, declare martial law, suspend the
Constitution, and deploy military forces on US
streets, including to suppress dissent; -- extrajudicial domestic
surveillance became institutionalized; -- a vast, secret offshore gulag
was established, besides the few known ones at
Guantanamo, in Iraq, and Afghanistan; -- indefinite preventive
detentions were authorized for persons who can't be
prosecuted, yet are claimed (without evidence) to
endanger America; -- torture became official
policy; -- In January 2009, HR 645:
National Emergency Centers Establishment Act was
introduced, referred to committee, but thus far not
passed "To direct the Secretary of Homeland Security
to establish national emergency centers on military
installations," six in major regions, modeled on
Guantanamo, militarizing FEMA to run them; and -- various other measures were
enacted, hardening repressive domestic rule, heading
for extrajudicial martial law to quell expected or
ongoing civil disturbances. COG roots go back to the June 1947 National Security Act (as amended) that merged the Departments of War and Navy into the National Military Establishment (NME), including a separate Department of the Air Force headed by a Secretary of Defense - in August 1949, NME renamed the Department of Defense. NSA also established the CIA, National Security Resources Board (NSRB), and National Security Council (NSC) to advise the president on domestic, foreign, and military policies at the onset of the Cold War. In the early 1950s, Truman approved construction of a massive 200,000 square foot underground facility along the Maryland - Pennsylvania border, 65 miles north of Washington. Officially called the Alternate Joint Communications Center (Site-R at Raven Rock), it was one of 96 Federal Relocation Centers (or Federal Relocation Arc) around the nation's capital for government and Pentagon use in case of nuclear war. Later, they became the "backbone" for COG operations, where Cheney and other top officials went after (or perhaps hours before) 9/11. On December 1, 1950, Truman's EO 10186 established the Federal Civil Defense Administration (FCDA) within the Office of Emergency Management (OEM), to oversee federal emergency planning. On December 16, 1950, EO 10193 created the Office of Defense Mobilization (ODM), to mobilize civilians, industries, and government agencies to defend the nation in an emergency. Other measures followed to establish procedures under emergency conditions if the country was attacked. On April 17, 1952, Truman's EO 10346 ordered the FCDA to coordinate "continuity" plans within the federal government in case of nuclear war. On July 1, 1958, Reorganization Plan No. 1 merged the FCDA and ODM into the Office of Civil and Defense Mobilization (OCDM), to ensure continuation of essential government and industry functions under national emergency conditions. On October 28, 1969, Nixon's EO 11490 directed government officials to ensure the continuation of "essential functions" in case of an emergency. It also directed department heads to develop succession of office plans, overseen by the Office of Emergency Preparedness (OEP) - called a thin line between government and dictatorship, according to some. In 1970, future Reagan administration FEMA head, Louis O. Giuffrida, advocated martial law in case of mass civil unrest, specifically recommending placing millions of "American negroes" in "assembly centers or relocation camps." On May 5, 1972, the Office of Civil Defense (OCD) became the Defense Civil Preparedness Agency (DCPA) to "provide preparedness assistance planning in all areas of civil defense and natural disasters." In March 1976, The Progressive published an article about Mount Weather, a secret underground facility, 50 miles north of Washington, to house a parallel executive branch ready to take over government under emergency conditions. On April 1, 1979, FEMA was established to oversee federal planning for natural disasters, including nuclear and terrorist attacks. Purportedly to help victims, it, in fact, serves federal authorities, including administering continuity measures if needed. Its Office of National Continuity Programs (NCP) is the "Lead Agent for the Federal Executive Branch on matters concerning continuity of national operations under the gravest of conditions." Measures in the 1980s and 1990s were reviewed above. On May 8, 2001 (four months before 9/11), George Bush established the Office of National Preparedness under FEMA - empowering Dick Cheney to oversee a "coordinated national effort" to integrate Washington's response to a chemical, biological, radiological, or nuclear attack. On 9/11, from 9:45 - 9:56AM EDT, NSC counterterrorism adviser Richard A. Clarke activated COG, ordering all federal agencies "to activate an alternative command post, an alternative headquarters outside of Washington, DC, and to staff it as soon as possible." In addition, key officials went to secure locations, including Dick Cheney, House Speaker Dennis Hastert, and other Republican and Democrat leaders, after which a "shadow government" was formed, perhaps still in ready to be reactivated under emergency conditions. On July 27, 2009, The New York Times reported that its activation remained intact under Obama, saying: White House officials draw "no distance between their own policies and those left behind by the Bush administration." The White House said only that current policy is "settled." The full article can be accessed through the following link: http://www.nytimes.com/2009/../us/politics/28continuity.html?_r=1&em A Final Comment Under the 1947 Presidential Succession Act, the Vice President becomes Chief Executive if a President dies, followed by the House Speaker, Senate President Pro Tempore, Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, and 11 other cabinet officers in line of succession according to when their office was established, Secretary of Homeland Security the newest in 2001. Key is who's empowered, not inaugurated - authority given Dick Cheney under George Bush's NSPD 51 as explained above. Most worrisome is if COG subverts constitutional protections, ends democratic freedoms, and makes America another banana republic ruled by wealthy, unelected, despotic, corrupted elites - a status largely descriptive of present day conditions.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening. http://www.progressiveradionetwork.com/the-progressive-news-hour/.
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