The Last Roundup
HISTORY'S LESSONS Japanese Americans moved to internment camps in World War II
In July 2007 and again last August, Representative Peter DeFazio, a Democrat from Oregon and a senior member of the House Homeland Security Committee, sought access to the "classified annexes" of the Bush administration's Continuity of Government program. DeFazio's interest was prompted by Homeland Security Presidential Directive 20 (also known as NSPD-51), issued in May 2007, which reserves for the executive branch the sole authority to decide what constitutes a national emergency and to determine when the emergency is over. DeFazio found this unnerving.
But he and other leaders of the Homeland Security Committee, including Chairman Bennie Thompson, a Mississippi Democrat, were denied a review of the Continuity of Government classified annexes. To this day, their calls for disclosure have been ignored by the White House. In a press release issued last August, DeFazio went public with his concerns that the NSPD-51 Continuity of Government plans are "extra-constitutional or unconstitutional." Around the same time, he told the Oregonian: "Maybe the people who think there's a conspiracy out there are right."
None of the leading presidential candidates have been asked the question, "As president, will you continue aggressive domestic surveillance programs in the vein of the Bush administration?"Congress itself has recently widened the path for both extra-constitutional detentions by the White House and the domestic use of military force during a national emergency. The Military Commissions Act of 2006 effectively suspended habeas corpus and freed up the executive branch to designate any American citizen an "enemy combatant" forfeiting all privileges accorded under the Bill of Rights. The John Warner National Defense Authorization Act, also passed in 2006, included a last-minute rider titled "Use of the Armed Forces in Major Public Emergencies," which allowed the deployment of U.S. military units not just to put down domestic insurrections-as permitted under posse comitatus and the Insurrection Act of 1807-but also to deal with a wide range of calamities, including "natural disaster, epidemic, or other serious public health emergency, terrorist attack, or incident."
More troubling, in 2002, Congress authorized funding for the U.S. Northern Command, or NORTHCOM, which, according to Washington Post military intelligence expert William Arkin, "allows for emergency military operations in the United States without civilian supervision or control."
"We are at the edge of a cliff and we're about to fall off," says constitutional lawyer and former Reagan administration official Bruce Fein. "To a national emergency planner, everybody looks like a danger to stability. There's no doubt that Congress would have the authority to denounce all this-for example, to refuse to appropriate money for the preparation of a list of U.S. citizens to be detained in the event of martial law. But Congress is the invertebrate branch. They say, 'We have to be cautious.' The same old crap you associate with cowards. None of this will change under a Democratic administration, unless you have exceptional statesmanship and the courage to stand up and say, 'You know, democracies accept certain risks that tyrannies do not.'"
Editor's note: The United States was not founded as a democracy. It was founded as a Republic. There is a difference; otherwise there would not be two different words. Moreover, anyone who tells you that democracy would be what should be strived for is not being realistic, because democracies are not long to last and are chaotic in their ending.
CREDIBLE WITNESS James Comey (Photo: Getty Images)
As of this writing, DeFazio, Thompson, and the other 433 members of the House are debating the so-called Protect America Act, after a similar bill passed in the Senate. Despite its name, the act offers no protection for U.S. citizens; instead, it would immunize from litigation U.S. telecom giants for colluding with the government in the surveillance of Americans to feed the hungry maw of databases like Main Core. The Protect America Act would legalize programs that appear to be unconstitutional.
Meanwhile, the mystery of James Comey's testimony has disappeared in the morass of election year coverage. None of the leading presidential candidates have been asked the questions that are so profoundly pertinent to the future of the country: As president, will you continue aggressive domestic surveillance programs in the vein of the Bush administration? Will you release the COG blueprints that Representatives DeFazio and Thompson were not allowed to read? What does it suggest about the state of the nation that the U.S. is now ranked by worldwide civil liberties groups as an "endemic surveillance society," alongside repressive regimes such as China and Russia? How can a democracy thrive with a massive apparatus of spying technology deployed against every act of political expression, private or public? (Radar put these questions to spokespeople for the McCain, Obama, and Clinton campaigns, but at press time had yet to receive any responses.)
These days, it's rare to hear a voice like that of Senator Frank Church, who in the 1970s led the explosive investigations into U.S. domestic intelligence crimes that prompted the very reforms now being eroded. "The technological capacity that the intelligence community has given the government could enable it to impose total tyranny," Church pointed out in 1975. "And there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know."
Editor's note: The Church committee thought it achieved reforms, but it did not. The press covered up the FBI's activities so as to prevent people from knowing that the unconstitutional actions of the agency could continue which they did. I know from personal experience in 1999 through 2002 documented in my books, several copies of which, were confiscated by US Customs in 2003.
UPDATE: Since this article went to press, several documents have emerged to suggest the story has longer legs than we thought. Most troubling among these is an October 2001 Justice Department memo that detailed the extra-constitutional powers the U.S. military might invoke during domestic operations following a terrorist attack. In the memo, John Yoo, then deputy assistant attorney general, "concluded that the Fourth Amendment had no application to domestic military operations." (Yoo, as most readers know, is author of the infamous Torture Memo that, in bizarro fashion, rejiggers the definition of "legal" torture to allow pretty much anything short of murder.) In the October 2001 memo, Yoo refers to a classified DOJ document titled "Authority for Use of Military Force to Combat Terrorist Activities Within the United States." According to the Associated Press, "Exactly what domestic military action was covered by the October memo is unclear. But federal documents indicate that the memo relates to the National Security Agency's Terrorist Surveillance Program." Attorney General John Mukasey last month refused to clarify before Congress whether the Yoo memo was still in force.
Meanwhile, congressional sources told Radar that Congressman Peter DeFazio has apparently abandoned his effort to get to the bottom of the White House COG classified annexes. Penny Dodge, DeFazio's chief of staff, says otherwise. "We will be sending a letter requesting a classified briefing soon," she told Radar this week.
This article is from the May/June issue of Radar Magazine.
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The Journal of History - Summer 2008 Copyright © 2008 by News Source, Inc.