Showing posts with label Bruce Fein. Show all posts
Showing posts with label Bruce Fein. Show all posts

May 23, 2008

FEMA, Continuity of Government and 8 Million Americans on Main Core

How can a democracy thrive with a massive apparatus of spying technology deployed against every act of political expression, private or public?
So ends The Last Roundup, Christopher Ketcham's report on massive domestic surveillance, and it is the very question to ask your candidate. Did you know that FEMA was originally devised to provide survival of the federal government, not the people, after a nuclear strike? That’s just one interesting fact among many important items you need to know. I skipped over Mr. Ketcham’s synopsis of the Card/Gonzales Ghoul Trip to John Ashcroft’s hospital bed, presuming most readers know about this infamous night. There’s so much information here it was hard to carve out the essentials, but I hope you will read the entire article. Remember: Just because paranoia is in the mind of the beholder, they probably are out to get us!
The Last Roundup
Is the government compiling a secret list of citizens to detain under martial law?
By
Christopher Ketcham
[...] Few Americans—professional journalists included—know anything about so-called Continuity of Government (COG) programs, so it's no surprise that the president's passing reference received almost no attention. COG resides in a nebulous legal realm, encompassing national emergency plans that would trigger the takeover of the country by extra-constitutional forces—and effectively suspend the republic. In short, it's a road map for martial law.
[...] According to a senior government official who served with high-level security clearances in five administrations, "There exists 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 tell Radar that the database is sometimes referred to by the code name Main Core. One knowledgeable source claims that 8 million Americans are now listed in Main Core as potentially suspect. In the event of a national emergency, these people could be subject to everything from heightened surveillance and tracking to direct questioning and possibly even detention.
Of course, federal law is somewhat vague as to what might constitute a "national emergency." Executive orders issued over the past three decades define it as a "natural disaster, military attack, [or] technological or other emergency," while Department of Defense 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 U.S. military invasion abroad" could be a trigger.
[...] Interestingly, plans drawn up during the Reagan administration suggest this parallel government would be ruling under authority given by law to the Federal Emergency Management Agency, home of the same hapless bunch that recently proved themselves unable to distribute water to desperate hurricane victims. The agency's incompetence in tackling natural disasters is less surprising when one considers that, since its inception in the 1970s, much of its focus has been on planning for the survival of the federal government in the wake of a decapitating nuclear strike.
Under law, during a national emergency, FEMA and its parent organization, the Department of Homeland Security, would be empowered to seize private and public property, all forms of transport, and all food supplies. The agency could dispatch military commanders to run state and local governments, and it could order the arrest of citizens without a warrant, holding them without trial for as long as the acting government deems necessary. From the comfortable perspective of peaceful times, such behavior by the government may seem far-fetched. But it was not so very long ago that FDR ordered 120,000 Japanese Americans—everyone from infants to the elderly—be held in detention camps for the duration of World War II. This is widely regarded as a shameful moment in U.S. history, a lesson learned. But a long trail of federal documents indicates that the possibility of large-scale detention has never quite been abandoned by federal authorities. Around the time of the 1968 race riots, for instance, a paper drawn up at the U.S. Army War College detailed plans for rounding up millions of "militants" and "American negroes," who were to be held at "assembly centers or relocation camps." In the late 1980s, the Austin American-Statesman and other publications reported the existence of 10 detention camp sites on military facilities nationwide, where hundreds of thousands of people could be held in the event of domestic political upheaval. More such facilities were commissioned in 2006, when Kellogg Brown & Root—then a subsidiary of Halliburton—was handed a $385 million contract to establish "temporary detention and processing capabilities" for the Department of Homeland Security. 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.
[...] Another well-informed source—a former military operative regularly briefed by members of the intelligence community—says this particular program has roots going back at least to the 1980s and was set up with help from the Defense Intelligence Agency. He has been told that the program utilizes software that makes predictive judgments of targets' behavior and tracks their circle of associations with "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 says. "Main Core is the table of contents for all the illegal information that the U.S. government has [compiled] on specific targets." An intelligence expert who has been briefed by high-level contacts in the Department of Homeland Security confirms that a database of this sort exists, but adds that "it is less a mega-database than a way to search numerous other agency databases at the same time."
[...] The following information seems to be fair game for collection without a warrant: the e-mail addresses you send to and receive from, and the subject lines of those messages; the phone numbers you dial, the numbers that dial in to your line, and the durations of the calls; the Internet sites you visit and the keywords in your Web searches; the destinations of the airline tickets you buy; the amounts and locations of your ATM withdrawals; and the goods and services you purchase on credit cards. All of this information is archived on government supercomputers and, according to sources, also fed into the Main Core database.
Main Core also allegedly draws on four smaller databases that, in turn, cull from federal, state, and local "intelligence" reports; print and broadcast media; financial records; "commercial databases"; and unidentified "private sector entities." Additional information comes from a database known as the Terrorist Identities Datamart Environment, which generates watch lists from the Office of the Director of National Intelligence for use by airlines, law enforcement, and border posts. According to the Washington Post, the Terrorist Identities list has quadrupled in size between 2003 and 2007 to include about 435,000 names. The FBI's Terrorist Screening Center border crossing list, which listed 755,000 persons as of fall 2007, grows by 200,000 names a year. A former NSA officer tells Radar that the Treasury Department's Financial Crimes Enforcement Network, using an electronic-funds transfer surveillance program, also contributes data to Main Core, as does a Pentagon program that was created in 2002 to monitor antiwar protesters and environmental activists such as Greenpeace.
[Following are several paragraphs discussing Oliver North's surveillance program REX 84, "for suspension of the Constitution, turning control of the government to FEMA and military commanders, as well as Texas congressman Jack Brooks’ unsuccessful attempt to find out what North was up to during the 1987 Iran-Contra hearings.]
[...] 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."
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."
[...] 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.) [...]
http://www.radaronline.com/from-the-magazine/2008/05/government_surveillance_homeland_security_main_core_01-print.php

February 23, 2008

Ask Nadler 2 Impeach

Attention New York area Citizens: This meeting is important! Think Nadler is really coming? Did a politician actually listen to their constituency? I'll believe it on March 9th. Even so, I went to the first Town Hall Meeting on this subject, at the Ethical Culture building, and Elizabeth Holtzman is not to be missed. Bruce Fein & Scott Horton ain't no slackers neither.

Town Hall Meeting on Impeachment
Submitted by Jim McCabe on 2008, February 23 - 7:24am.
http://www.pdanewyork.org/node/1970
Please come to the Town Hall Meeting:

"Is Impeachment Necessary to
Protect the Constitution?"

March 9, 2008, 4 p.m. - 6 p.m.
Judson Memorial Church
55 Washington Square South, NYC.
Speakers
Bruce Fein, Constitutional scholar, former associate deputy attorney general, and Chairman of the American Freedom Agenda
Elizabeth Holtzman, a member of the House Judiciary Committee during the impeachment of Richard Nixon, and co-author of The Impeachment of George W. Bush: A Practical Guide for Concerned Citizens
Scott Horton, Contributor to Harper's Magazine, adjunct professor at Columbia Law School, and member of the board of the National Institute of Military Justice and the Council on Foreign Relations
Invited Speaker:
Congressman Jerrold Nadler, Member of Congress and Chair of Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties
Special Guest:
John Nirenberg, a retired college professor from Vermont who walked 485 miles from Boston to Washington, DC to raise the question of impeachment to Speaker of the House Nancy Pelosi
Organized by concerned citizens of AskNadler2Impeach.org, with support from Village Independent Democrats, Democracy for NYC, and Progressive Democrats of New York CD 14.
Admission is Free. For information call 212.340.9548 or email info@asknadler2impeach.org.
Please help spread the word. A pdf version of this notice, suitable for printing, can be downloaded at: http://asknadler2impeach.org/TownHallMeetingFlyer2_21.pdf
Progressive Democrats of New York, Congressional District 14 (PDNYCD14) is a local chapter of Progressive Democrats of America www.pdamerica.org. Broadly stated, our goal is to try to change the Democratic party from the inside by supporting progressive (i.e. liberal) candidates and causes at the local, state and federal level. We also work with other peace and social justice groups to affect progressive change.

December 31, 2007

Hold That Thought

Bruce Fein is a frequent guest on The Randi Rhodes Show, Air America Radio. For more on this act, see previous posts: 12/9/07, Monday Event; 11/23/07, Is Resistance Futile?; 11/2/07, Prepare! More Thought Police and; 10/30/07, Prepare for the Thought Police
Police in thought pursuit

By Bruce Fein - December 27, 2007
[...] Congress is perched to enact the "Violent Radicalization and Homegrown Terrorism Prevention Act of 20007 (Act)," probably the greatest assault on free speech and association in the United States since the 1938 creation of the House Un-American Activities Committee (HUAC). Sponsored by Rep. Jane Harman, California Democrat, the bill passed the House of Representatives on Oct. 23 by a 404-6 vote under a rule suspension that curtailed debate. To borrow from House Speaker Nancy Pelosi, California Democrat, the First Amendment should not distract Congress from doing important business. The Senate companion bill (S. 1959), sponsored by Susan Collins, Maine Republican, has encountered little opposition.
[...] Denuded of euphemisms and code words, the Act aims to identify and stigmatize persons and groups who hold thoughts the government decrees correlate with homegrown terrorism, for example, opposition to the Patriot Act or the suspension of the Great Writ of habeas corpus.
The Act will inexorably culminate in a government listing of homegrown terrorists or terrorist organizations without due process; a complementary listing of books, videos, or ideas that ostensibly further "violent radicalization;" and a blacklisting of persons who have intersected with either list.
[...] Prior to September 11, homegrown terrorism consisted largely of Timothy McVeigh, Eric Rudolph, the Unibomber and the D.C. Metropolitan area snipers. The Act, nevertheless, counterfactually finds "homegrown terrorism ... poses a threat to domestic security" that "cannot be easily prevented through traditional federal intelligence or law enforcement efforts."
[...] Justice Oliver Wendell Holmes observed in Gitlow v. New York (1925): "Every idea is an incitement. It offers itself for belief and if believed it is acted on unless some other belief outweighs it or some failure of energy stifles the movement at its birth. The only difference between expression of an opinion and an incitement in the narrower sense is the speaker's enthusiasm for the result."
http://washingtontimes.com/apps/pbcs.dll/article?AID=/20071227/COMMENTARY02/620257774/1012/COMMENTARY Bruce Fein is a constitutional lawyer with Bruce Fein & Associates and Chairman of the American Freedom Agenda.