Sunday, September 14, 2008

Bush extends 9/11 national emergency yet again

by Peter Dale Scott
Global Research, September 4, 2008

Though few Americans realize it, Cheney and Rumsfeld worked through the 1980s and 1990s on emergency nuclear-response plans which allegedly suspended the American constitution and also Congress.[1] (Through these decades Rumsfeld was CEO of a major pharmaceutical firm, and in the later 1990s Cheney was CEO of Halliburton; but their private status did not deter them from continuing to exercise a supra-constitutional planning power conferred on them by Ronald Reagan.)

Even fewer Americans know that these rules, originally dealing with a nuclear attack on America, were extended by Reagan Executive Order 12656 to cover “any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States.”[2] And few Americans realize that at least some of these rules, known technically as Continuity of Government or COG rules, were invoked before 10:00 AM on September 11, 2001.[3]

As he did in 2007, President Bush has again, on August 28, 2008, continued for another year the national emergency first officially proclaimed on September 14, 2001, along with “the powers and authorities adopted to deal with that emergency:”

Notice: Continuation of the National Emergency with Respect to Certain Terrorist Attacks

Consistent with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency I declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and aboard United Airlines flight 93, 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, 2008. Therefore, I am continuing in effect for an additional year the national emergency I 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.

GEORGE W. BUSH

THE WHITE HOUSE,

August 28, 2008.[4]

Once again appropriate personnel in Congress should learn and review what those “powers and authorities” are, since almost certainly they include COG (Continuity of Government) rules. In 2007 National Security Presidential Directive 51 (NSPD 51), issued by the White House, also extended for one year the emergency proclaimed in 2001; and it empowered the President to personally ensure "continuity of government."[5]

NSPD 51 also contained "classified Continuity Annexes" to "be protected from unauthorized disclosure." Congressman DeFazio twice requested to see these Annexes, the second time in a letter cosigned by House Homeland Security Committee Chairman Bennie Thompson and Oversight Subcommittee Chairman Christopher Carney. The White House denied these requests, claiming that the congressmen lacked the requisite clearances. But as I wrote earlier this year,

"Congress has a right to be concerned about Continuity of Government (COG) plans refined by Dick Cheney and Donald Rumsfeld over the past quarter century….The story, ignored by the mainstream press, involved more than the usual tussle between the legislative and executive branches of the U.S. Government. What was at stake was a contest between Congress's constitutional powers of oversight, and a set of policy plans that could be used to suspend or modify the constitution."[6]

Oliver North, who worked on COG planning with Rumsfeld and Cheney in the 1980s, was asked in the Iran-Contra Hearings about his work on an emergency plan “that would suspend the American constitution.” Democratic Senator Inouye, who was presiding, pounded his gavel and interjected that this was a “highly sensitive and classified matter,” not to be dealt with in an open hearing.[7] Congress has never discussed COG plans publicly since that time.

According to Wikipedia, “The National Emergencies Act (50 U.S.C. 1601-1651) is a United States federal law passed in 1976 to stop open-ended states of national emergency and formalize Congressional checks and balances on Presidential emergency powers. The act sets a limit of two years on states of national emergency. It also imposes certain "procedural formalities" on the President when invoking such powers, and provides a means for Congress to countermand a Presidential declaration of emergency and associated use of emergency powers (emphasis added).

Bush’s denial of the Homeland Security’s right to review the COG plans in the classified Appendices of NSPD-51 should have been seen as a constitutional crisis -- a line in the sand for Congress to assert its constitutional rights and duties. Now, one year later, I understand (although I cannot corroborate it from the Internet) that Congressman Kucinich has introduced or will introduce a bill for Congress, under the terms of the National Emergencies Act, to countermand the presidentially proclaimed national emergency. This is an important move, but it should not obviate the need for Congress to review rules which allegedly restrict its own powers under the constitution.

Between now and November the American electorate have an opportunity to present this demand to everyone running for office: that they will insist on vigorous congressional action to expose and dispose of these secret COG rules -- rules that allegedly suspend the American constitution.


Notes

[1]
"One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them," said one of the COG planners in the 1980s, who spoke to James Mann (The Rise of the Vulcans, 141-42). James Bamford reported the same remark in his book Pretext for War (p. 74).


[2]
The provisions of Executive Order 12656 of November 18, 1988, appear at 53 FR 47491, 3 CFR, 1988 Comp., p. 585, “Executive Order 12656—Assignment of Emergency Preparedness Responsibilities,” http://www.archives.gov/federal-register/codification/executive-order/12656.html. The Washington Post


(Gellman and Schmidt, “Shadow Government Is at Work in Secret,” March 1, 2002) later claimed, incorrectly, that Executive Order 12656 dealt only with “a nuclear attack.”


[3]
Peter Dale Scott, The Road to 9/11: Wealth, Empire, and the Future of America (Berkeley and Los Angeles: University of California Press, 2007), 228; citing 9/11Commision Report, 38, 326; Richard A. Clarke, Against All Enemies: Inside America’s War on Terrorism (New York: Simon & Schuster, 2004), 8.


[4]
http://www.whitehouse.gov/news/releases/2008/08/20080828-7.html .


[5]
National Security Presidential Directive 51, http://www.whitehouse.gov/news/releases/2007/05/20070509-12.html.


[6]
Peter Dale Scott, “Congress, the Bush Adminstration and Continuity of Government Planning: The Showdown,” http://www.counterpunch.org/scott03312008.html.


[7]
Scott, Road to 9/11, 9, 23, 184. The New York Times published a complete transcript of the interchange on July 14, 1987, but did not mention it in its news story about North’s testimony.


~ Centre for Research on Globalization ~

No comments:


Google
 

image from http://www.spitting-image.net

Favorite Links

~325~ ~9-11...Who Really Did It~ ~10:10~ ~10 Zen Monkeys~ ~911 Truth~ ~13 Indigenous Grandmothers~ ~15O~ ~15th October~ ~Activist Post~ ~ACT UP~ ~Adbusters~ ~Aerogaz (greek)~ ~Afinity Project~ ~Aging Hipsters~ ~Alecto's Ophelia~ ~Al-Jazeera~ ~Alex Constantine's Blacklist~ ~Alliance for Human Research Protection~ ~All Things Cynthia McKinney~ ~All Things Pakistan~ ~Alternative Insight~ ~Alternative Press Review~ ~Alternet~ ~American Friends Service Committee~ ~American Street~ ~Anarkismo~ ~Andy Worthington~ ~Anglican Pacifist Fellowship~ ~Anomaly News Syndicate~ ~Another Day In The Empire~ ~AntiWar~ ~Antiwar League~ ~Anxiety Culture~ ~Appeal For Redress From The War In Iraq~ ~A Poetic Justice~ ~Artists Without Frontiers~ ~Art of Europe~ ~Arts And Letters Daily~ ~Attack the System~ ~Athens IMC~ ~Ballardian~ ~Bilderberg.org~ ~Black Box Voting~ ~BlackListed News~ ~Black Vault~ ~Blog Bioethics net~ ~Blog of the Unknown Writer~ ~Blondsense~ ~Boiling Frog~ ~Boiling Frogs Post~ ~BoingBoing~ ~Book Ninja~ ~Bookslut~ ~Bradley Manning Support Network~ ~Brand New Law~ ~Brainsturbator~ ~Bring Them Home Now~ ~Bruce Eisner's Vision Thing~ ~Buckminster Fuller Institute~ ~Bulletin of the Atomic Scientists~ ~Bureau of Public Secrets~ ~Business & Human Rights Resource Centre~ ~Buzzflash~ ~Campaign For Real Farming~ ~Catapult the Propaganda~ ~Campus Antiwar Network~ ~Cargo Culte~ ~Castan Centre for Human Rights Law~ ~Catch of the Day~ ~Censorship Paradise~ ~Center for Media and Democracy~ ~Centre for Conflict and Peace Studies, Afghanistan~ ~Centre for Research and Action for Peace~ ~Center on Law and Security~ ~Chapati Mystery~ ~Choike~ ~Chomsky.info~ ~Chronicle of Higher Education~ ~Church of the FSM~ ~CIA & Drugs~ ~Citizens for Legitimate Government~ ~Citizens for Tax Justice~ ~Clandestina~ ~CODEPINK~ ~Coilhouse mag~ ~Collateral Murder~ ~Common Dreams~ ~Complete 9/11 Timeline~ ~Concerned Africa Scholars~ ~Connexions~ ~Conspiracy Archive~ ~Contra Info~ ~Corrente~ ~COTO Report~ ~Coup d'Etat in America~ ~Countercurrents~ ~Crapaganda~ ~Create Real Democracy~ ~Creative-i~ ~Crimes of the State~ ~CrimethInc~ ~Crisis Group~ ~Critical Legal Thinking~ ~Cronache da Mileto (Italian)~ ~Crooks and Liars~ ~Crowd Modelling~ ~Cryptoforestry~ ~Cryptome~ ~Cyclos~ ~Culture Change~ ~Cutting Through The Matrix~ ~Cyrano's Journal~ ~Daily What~ ~Damn Interesting~ ~Dangerous Minds~ ~Deliberative Democracy Consortium~ ~Democracy Center~ ~Democracy Journal~ ~Democracy Now~ ~Democratic Underground~ ~Detournement~ ~Digital Rights [greek lang.]~ ~Diplomacy Lessons~ ~Direct Power!~ ~Discoveries-Researchings-Visions-Understandings-Enlightenments~ ~Disinformation~ ~DistributorCap NY~ ~Dr Hugo Heyrman-Motions of the Mind~ ~Dylanology~ ~EAGAINST~ ~Earthnocentric~ ~Eco Tort~ ~Ectoplasmosis!~ ~Educate Yourself~ ~E-Flux~ ~Electronic Frontier Foundation~ ~Electronic Intifada~ ~Eliminate War Forever~ ~End Evil~ ~Energy Bulletin~ ~Eradicating Ecocide~ ~EROCx1 Blog~
~Europeanrevolution~ ~European Revolution~ ~Eurozine~ ~Exposing the Truth~ ~Extinction Protocol: 2012 and beyond~ ~Families of the Fallen for Change~ ~Fellowship of Reconciliation~ ~Financial Armageddon~ ~FKN Newz~ ~Food For Your Eyes~ ~Forward the Revolution~ ~Franchot's Band~ ~Free Bloggers in Greece~ ~Free Expression Network~ ~Free Press International~ ~Freethinking for Dummies~ ~Free Thought Manifesto~ ~From the Wilderness~ ~F-t-W's Peak Oil Blog~ ~G1000~ ~Ghostdancing in Venice~ ~GIMP~ ~Gilles Duley~ ~Global Guerillas~ ~Global Integrity~ ~Global Policy Forum~ ~Global Revolution~ ~Global Security Institute~ ~Global Voices Online~ ~Gold Star Families for Peace~ ~Government Dirt~ ~Greek Alert [greek lang.]~ ~Greek Assembly in London~ ~Green Left Weekly~ ~Groklaw~ ~Hack Democracy~ ~Hakim Bey and Ontological Anarchy~ ~Hiroshima Peace Institute~ ~History Is A Weapon Blog~ ~How Appealing~ ~How To Vanish~ ~Human Rights Law Review~ ~I Can't Believe It's Not a Democracy!~ ~Idler~ ~Impropaganda~ ~Independent Media Center~ ~INIREF~ ~Institute for Media Peace and Security~ ~International Action Center~ ~International ANSWER (Act Now to Stop War and End Racism)~ ~In These Times~ ~Information Clearing House~ ~Information Liberation~ ~Infoshop~ ~Institute for Policy Studies~ ~Institute for War and Peace Reporting~ ~Insurgent American~ ~Intel Hub~ ~International Labor Rights Forum~ ~Intrinsic Impact~ ~Invisible History~ ~Iraq Citizens Against the War~ ~Iraq Freedom Congress~ ~Iraq Veterans Against the War~ ~Irish Peace Institute~ ~Issues and Alibis~ ~James Howard Kunstler~ ~Jesus Radicals~ ~John Zerzan~ ~Jorgen Schäfer's Homepage~ ~JUST~ ~Just For The Love Of It~ ~Justice Not Vengeance~ ~Kasama Project~ ~Keep Talking Greece~ ~Kia Mistilis~ ~Kill Me If You Can by Bob Miller~ ~Killer Coke~ ~Labor Rights~ ~Labor Rights Now~ ~Labour Start~ ~Lava Cocktail~ ~Lemon Gloria~ ~Lemony Snicket~ ~L'ennui mélodieux~ ~Lessig~ ~Liberation Theology~ ~Libertarians for Peace~ ~Life After the Oil Crash~ ~Life & Peace Institute~ ~Lunch Street Party~ ~Lycaeum~ ~Links by George~ ~Literary Kicks~ ~Lubinproductions~ ~MacNN~ ~Mad Cow Morning News~ ~Manageable Ants~ ~Mario Profaca's Cyberspace Station~ ~Maro Kouri~ ~Maud Newton~ ~May it Please the Court~ ~McSpotlight~ ~Medical Foundation for the Care of Victims of Torture~ ~Metta Center for Nonviolence~ ~Metanoia~ ~Michael Moore - Must Read~ ~Mind Control~ ~Military Families Speak Out~ ~Mind in Peace (greek)~ ~Miss Welby~ ~MK Gandhi Institute for Nonviolence~ ~Molly's Blog~ ~Mother Jones~ ~MungBeing Magazine~ ~MyAntiwar.org~ ~n +1 mag~ ~National War Tax Resistance Coordinating Committee~ ~Natural Farming~ ~Neatorama~ ~Neuromarketing~ ~Neurosecurity~ ~New Internationalist~ ~News Dissector~ ~News Frames~ ~News Making News~ ~News Now~ ~New Tactics in Human Rights~ ~New World Dawning~ ~NEXUS~ ~NFAK~ ~Nomadic Academy Of Fools~ ~Non Fides~ ~Noor Images~ ~Not In Our Name~ ~Not Stupid~ ~Nuclear Resister~ ~NUTOPIA2~ ~[Occupy] 2012 Scenario~ ~Occupy America Social Network~ ~OCCUPY Cafe~ ~Occupy Istanbul~ ~Occupy Together~ ~Occupy Together Field Manual~ ~OWS~ ~Occupy Writers~ ~October 2011~ ~Odious Debts~ ~ODYS~ ~Olmaz~ ~On the Path to 2012~ ~Op Ed News~ ~Open Letters to George W. Bush from his ardent admirer,Belacqua Jones~ ~Open Revolt!~ ~Open Source Ecology~ ~Orthodox Peace Fellowship~ ~Orwell Today~ ~Outlaw Journalism~ ~OWNI~ ~Patriots Question 9/11~ ~Peace in Mind (greek)~ ~PeaceJam~ ~Peace Now~ ~Peaceful Tomorrows~ ~Peak Moment~ ~People's Assemblies Network~ ~Peter Frase~ ~Photography is Not a Crime~ ~Picture the Homeless~ ~Pieman~ ~Places the U.S. has bombed~ ~Pogo Was Right - privacy news~ ~Political Reform.ie~ ~Post Carbon Institute~ ~Praxis Peace Institute~ ~Primate Poetics~ ~Prisoner Solidarity~ ~Professors question 9/11~ ~Project Camelot~ ~Project Censored~ ~Project for the Old American Century~ ~Project on Corporations, Law and Democracy~ ~Psyche, Science and Society~ ~Psychogeography~ ~Public Employees for Environmental Responsibility~ ~Radical Anthropology~ ~Rainbow Family~ ~RawStory~ ~Reality Sandwich~ ~Real Democacy GR~ ~Real Democracy Now.net~ ~Rebel Dog~ ~Reflections on a Revolution~ ~Reporters Without Borders~ ~Re-public~ ~Resistance Studies Magazine~ ~Resource Based Economy Foundation~ ~Re-volt Radio~ ~Richard Heinberg's Museletter~ ~Rockefeller's War on Drugs~ ~Ruckus Society~ ~Sacred Texts~ ~Salon~ ~Save Orphan Works~ ~Scholars and Rogues~ ~Scoop~ ~SCOTUS Blog~ ~Secrecy News~ ~Service Academy Graduates Against the War~ ~Shadow Government Statistics~ ~Signs of the Times News~ ~Slovenia Peace Institute~ ~Smirking Chimp~ ~smygo~ ~SNU Project~ ~Soil And Health Library~ ~SourceWatch~ ~Speaking Truth to Power~ ~Spirit Horse Foundation~ ~Spunk~ ~Squattastic~ ~Starhawk~ ~Stockholm International Peace Research Institute~ ~StopCartel TV-GR~ ~Stop The Arms Fair~ ~Stop the Spying.org~ ~Strangers in a Tangled Wilderness~ ~Students Against War~ ~Survival Acres~ ~Survival International~ ~Swan's Commentary~ ~Take The Square~ ~Tangible Information~ ~Tax Justice Network~ ~Tax Research UK~ ~Theatre of the Oppressed~ ~The Black Commentator~ ~The Black Vault~ ~The Borowitz Report~ ~The Carpetbagger Report~ ~The Center for Public Integrity~ ~The Daily Reckoning~ ~The Dark Age Blog~ ~The Digger Archives~ ~The End of Being~ ~The Guardian~ ~The Hidden Evil~ ~The Huffington Post~ ~The Intelligence Daily~ ~The Lazy Man's Guide To Enlightenment~ ~The Mountain Sentinel~ ~The Nation~ ~The National Security Archive~ ~The New Z-Land Project~ ~The Other Israel~ ~The Pathology Guy~ ~The Progress Report~ ~The Progressive Magazine~ ~The Real News~ ~The Situation Room~ ~The Truth Seeker~ ~ The Watcher Files~ ~Think Progress~ ~Third World Traveller~ ~This Land Is Ours~ ~This Modern World~ ~TomDispatch~ ~Total Collapse~ ~Total Dick-Head~ ~Transform!~ ~Transnational Institute~ ~Transnational Foundation for Peace and Future Research~ ~True Democracy~ ~Troops Out Now~ ~True Democracy Party~ ~Truthdig~ ~Truth News~ ~Truthout~ ~TW3 and fotografia la dolce vita~ ~Uncommon Thought~ ~United for Peace & Justice~ ~United States Institute of Peace~ ~Unknown News~ ~UNPA Campaign~ ~Urbanibalism~ ~US Labor Against the War~ ~VBS TV~ ~Veterans Against the Iraq War~ ~Veterans for Peace and Justice~ ~Video Rebel's Blog~ ~Vietnam Veterans Against the War~ ~Virusmyth - Rethinking AIDS~ ~visionOntv~ ~Voices for Creative Non-Violence~ ~Void Network~ ~Voice Memo~ ~Voters for Peace~ ~Waging Nonviolence~ ~Waking the Midnight Sun~ ~Want To Know~ ~War Costs~ ~War Crimes and Military Improprieties~ ~War Criminals Watch~ ~War on Society~ ~War is Illegal~ ~War Resisters International~ ~War Resisters League~ ~Was Jack Kerouac a Punjabi?~ ~Watergate Exposed~ ~West Point Graduates Against The War~ ~What Really Happened~ ~What’s On My Food?~ ~Why Work? Creating Livable Alternatives to Wage Slavery~ ~Wikileaks~ ~WikiLeaks Central~ ~Wild Wild Left~ ~willyloman~ ~Winning Cancer~ ~Win Without War~ ~Women's International League for Peace and Freedom (WILPF)~ ~Wonkette~ ~World Prout Assembly~ ~Worldwide Hippies~ ~Yes Lab~ ~Yippie Museum~ ~Young Protester~ ~Youth Against War and Racism (YAWR)~ ~Zapatistas~ ~Zine Library~ ~Zippy Elder-at-Large~ ~ZMag~
~ Thank you for visiting Circle of 13 ~

FAIR USE NOTICE

This blog may contain videos with copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in an effort to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.