[Mb-civic] Bush's Mysterious 'New Programs'
Hawaiipolo at cs.com
Hawaiipolo at cs.com
Thu Feb 23 14:14:38 PST 2006
Bush's Mysterious 'New Programs'
By Nat Parry
Consortium News
Tuesday 21 February 2006
Not that George W. Bush needs much encouragement, but Sen. Lindsey Graham
suggested to Attorney General Alberto Gonzales a new target for the
administration's domestic operations - Fifth Columnists, supposedly disloyal Americans who
sympathize and collaborate with the enemy.
"The administration has not only the right, but the duty, in my opinion, to
pursue Fifth Column movements," Graham, R-S.C., told Gonzales during Senate
Judiciary Committee hearings on Feb. 6.
"I stand by this President's ability, inherent to being Commander in Chief,
to find out about Fifth Column movements, and I don't think you need a warrant
to do that," Graham added, volunteering to work with the administration to
draft guidelines for how best to neutralize this alleged threat.
"Senator," a smiling Gonzales responded, "the President already said we'd be
happy to listen to your ideas."
In less paranoid times, Graham's comments might be viewed by many Americans
as a Republican trying to have it both ways - ingratiating himself to an
administration of his own party while seeking some credit from Washington centrists
for suggesting Congress should have at least a tiny say in how Bush runs the
War on Terror.
But recent developments suggest that the Bush administration may already be
contemplating what to do with Americans who are deemed insufficiently loyal or
who disseminate information that may be considered helpful to the enemy.
Top US officials have cited the need to challenge news that undercuts Bush's
actions as a key front in defeating the terrorists, who are aided by "news
informers" in the words of Defense Secretary Donald Rumsfeld.
Detention Centers
Plus, there was that curious development in January when the Army Corps of
Engineers awarded Halliburton subsidiary Kellogg Brown &Root a $385 million
contract to construct detention centers somewhere in the United States, to deal
with "an emergency influx of immigrants into the US, or to support the rapid
development of new programs," KBR said. [Market Watch, Jan. 26, 2006]
Later, the New York Times reported that "KBR would build the centers for the
Homeland Security Department for an unexpected influx of immigrants, to house
people in the event of a natural disaster or for new programs that require
additional detention space." [Feb. 4, 2006]
Like most news stories on the KBR contract, the Times focused on concerns
about Halliburton's reputation for bilking US taxpayers by overcharging for
sub-par services.
"It's hard to believe that the administration has decided to entrust
Halliburton with even more taxpayer dollars," remarked Rep. Henry Waxman,
D-California.
Less attention centered on the phrase "rapid development of new programs" and
what kind of programs would require a major expansion of detention centers,
each capable of holding 5,000 people. Jamie Zuieback, a spokeswoman for
Immigration and Customs Enforcement, declined to elaborate on what these "new
programs" might be.
Only a few independent journalists, such as Peter Dale Scott and Maureen
Farrell, have pursued what the Bush administration might actually be thinking.
Scott speculated that the "detention centers could be used to detain American
citizens if the Bush administration were to declare martial law." He recalled
that during the Reagan administration, National Security Council aide Oliver
North organized Rex-84 "readiness exercise," which contemplated the Federal
Emergency Management Agency rounding up and detaining 400,000 "refugees," in the
event of "uncontrolled population movements" over the Mexican border into the
United States.
Farrell pointed out that because "another terror attack is all but certain,
it seems far more likely that the centers would be used for post-911-type
detentions of immigrants rather than a sudden deluge" of immigrants flooding across
the border.
Vietnam-era whistleblower Daniel Ellsberg said, "Almost certainly this is
preparation for a roundup after the next 9/11 for Mid-Easterners, Muslims and
possibly dissenters. They've already done this on a smaller scale, with the
'special registration' detentions of immigrant men from Muslim countries, and with
Guantanamo."
Labor Camps
There also was another little-noticed item posted at the US Army Web site,
about the Pentagon's Civilian Inmate Labor Program. This program "provides Army
policy and guidance for establishing civilian inmate labor programs and
civilian prison camps on Army installations."
The Army document, first drafted in 1997, underwent a "rapid action revision"
on Jan. 14, 2005. The revision provides a "template for developing
agreements" between the Army and corrections facilities for the use of civilian inmate
labor on Army installations.
On its face, the Army's labor program refers to inmates housed in federal,
state and local jails. The Army also cites various federal laws that govern the
use of civilian labor and provide for the establishment of prison camps in the
United States, including a federal statute that authorizes the Attorney
General to "establish, equip, and maintain camps upon sites selected by him" and
"make available ... the services of United States prisoners" to various
government departments, including the Department of Defense.
Though the timing of the document's posting - within the past few weeks - may
just be a coincidence, the reference to a "rapid action revision" and the KBR
contract's contemplation of "rapid development of new programs" have raised
eyebrows about why this sudden need for urgency.
These developments also are drawing more attention now because of earlier
Bush administration policies to involve the Pentagon in "counter-terrorism"
operations inside the United States.
Pentagon Surveillance
Despite the Posse Comitatus Act's prohibitions against US military personnel
engaging in domestic law enforcement, the Pentagon has expanded its operations
beyond previous boundaries, such as its role in domestic surveillance
activities.
The Washington Post has reported that since the Sept. 11, 2001, terror
attacks, the Defense Department has been creating new agencies that gather and
analyze intelligence within the United States. [Washington Post, Nov. 27, 2005]
The White House also is moving to expand the power of the Pentagon's
Counterintelligence Field Activity (CIFA), created three years ago to consolidate
counterintelligence operations. The White House proposal would transform CIFA into
an office that has authority to investigate crimes such as treason, terrorist
sabotage or economic espionage.
The Pentagon also has pushed legislation in Congress that would create an
intelligence exception to the Privacy Act, allowing the FBI and others to share
information about US citizens with the Pentagon, CIA and other intelligence
agencies. But some in the Pentagon don't seem to think that new laws are even
necessary.
In a 2001 Defense Department memo that surfaced in January 2006, the US
Army's top intelligence officer wrote, "Contrary to popular belief, there is no
absolute ban on [military] intelligence components collecting US person
information."
Drawing a distinction between "collecting" information and "receiving"
information on US citizens, the memo argued that "MI [military intelligence] may
receive information from anyone, anytime." [See CQ.com, Jan. 31, 2005]
This receipt of information presumably would include data from the National
Security Agency, which has been engaging in surveillance of US citizens without
court-approved warrants in apparent violation of the Foreign Intelligence
Security Act. Bush approved the program of warrantless wiretaps shortly after
9/11.
There also may be an even more extensive surveillance program. Former NSA
employee Russell D. Tice told a congressional committee on Feb. 14 that such a
top-secret surveillance program existed, but he said he couldn't discuss the
details without breaking classification laws.
Tice added that the "special access" surveillance program may be violating
the constitutional rights of millions of Americans. [UPI, Feb. 14, 2006]
With this expanded surveillance, the government's list of terrorist suspects
is rapidly swelling.
The Washington Post reported on Feb. 15 that the National Counterterrorism
Center's central repository now holds the names of 325,000 terrorist suspects, a
four-fold increase since the fall of 2003.
Asked whether the names in the repository were collected through the NSA's
domestic surveillance program, an NCTC official told the Post, "Our database
includes names of known and suspected international terrorists provided by all
intelligence community organizations, including NSA."
Homeland Defense
As the administration scoops up more and more names, members of Congress also
have questioned the elasticity of Bush's definitions for words like terrorist
"affiliates," used to justify wiretapping Americans allegedly in contact with
such people or entities.
During the Senate Judiciary Committee's hearing on the wiretap program, Sen.
Dianne Feinstein, D-California, complained that the House and Senate
Intelligence Committees "have not been briefed on the scope and nature of the program."
Feinstein added that, therefore, the committees "have not been able to
explore what is a link or an affiliate to al-Qaeda or what minimization procedures
(for purging the names of innocent people) are in place."
The combination of the Bush administration's expansive reading of its own
power and its insistence on extraordinary secrecy has raised the alarm of civil
libertarians when contemplating how far the Pentagon might go in involving
itself in domestic matters.
A Defense Department document, entitled the "Strategy for Homeland Defense
and Civil Support," has set out a military strategy against terrorism that
envisions an "active, layered defense" both inside and outside US territory. In the
document, the Pentagon pledges to "transform US military forces to execute
homeland defense missions in the ... US homeland."
The Pentagon strategy paper calls for increased military reconnaissance and
surveillance to "defeat potential challengers before they threaten the United
States." The plan "maximizes threat awareness and seizes the initiative from
those who would harm us."
But there are concerns over how the Pentagon judges "threats" and who falls
under the category "those who would harm us." A Pentagon official said the
Counterintelligence Field Activity's TALON program has amassed files on antiwar
protesters.
In December 2005, NBC News revealed the existence of a secret 400-page
Pentagon document listing 1,500 "suspicious incidents" over a 10-month period,
including dozens of small antiwar demonstrations that were classified as a
"threat."
The Defense Department also might be moving toward legitimizing the use of
propaganda domestically, as part of its overall war strategy.
A secret Pentagon "Information Operations Roadmap," approved by Rumsfeld in
October 2003, calls for "full spectrum" information operations and notes that
"information intended for foreign audiences, including public diplomacy and
PSYOP, increasingly is consumed by our domestic audience and vice-versa."
"PSYOPS messages will often be replayed by the news media for much larger
audiences, including the American public," the document states. The Pentagon
argues, however, that "the distinction between foreign and domestic audiences
becomes more a question of USG [US government] intent rather than information
dissemination practices."
It calls for "boundaries" between information operations abroad and the news
media at home, but does not outline any corresponding limits on PSYOP
campaigns.
Similar to the distinction the Pentagon draws between "collecting" and
"receiving" intelligence on US citizens, the Information Operations Roadmap argues
that as long as the American public is not intentionally "targeted," any PSYOP
propaganda consumed by the American public is acceptable.
The Pentagon plan also includes a strategy for taking over the Internet and
controlling the flow of information, viewing the Web as a potential military
adversary. The "roadmap" speaks of "fighting the net," and implies that the
Internet is the equivalent of "an enemy weapons system."
In a speech on Feb. 17 to the Council on Foreign Relations, Rumsfeld
elaborated on the administration's perception that the battle over information would
be a crucial front in the War on Terror, or as Rumsfeld calls it, the Long War.
"Let there be no doubt, the longer it takes to put a strategic communication
framework into place, the more we can be certain that the vacuum will be
filled by the enemy and by news informers that most assuredly will not paint an
accurate picture of what is actually taking place," Rumsfeld said.
The Department of Homeland Security also has demonstrated a tendency to
deploy military operatives to deal with domestic crises.
In the wake of Hurricane Katrina, the department dispatched "heavily armed
paramilitary mercenaries from the Blackwater private security firm, infamous for
their work in Iraq, (and had them) openly patrolling the streets of New
Orleans," reported journalists Jeremy Scahill and Daniela Crespo on Sept. 10, 2005.
Noting the reputation of the Blackwater mercenaries as "some of the most
feared professional killers in the world," Scahill and Crespo said Blackwater's
presence in New Orleans "raises alarming questions about why the government
would allow men trained to kill with impunity in places like Iraq and Afghanistan
to operate here."
US Battlefield
In the view of some civil libertarians, a form of martial law already exists
in the United States and has been in place since shortly after the 9/11
attacks when Bush issued Military Order No. 1 which empowered him to detain any
non-citizen as an international terrorist or enemy combatant.
"The President decided that he was no longer running the country as a
civilian President," wrote civil rights attorney Michael Ratner in the book
Guantanamo: What the World Should Know. "He issued a military order giving himself the
power to run the country as a general."
For any American citizen suspected of collaborating with terrorists, Bush
also revealed what's in store. In May 2002, the FBI arrested US citizen Jose
Padilla in Chicago on suspicion that he might be an al-Qaeda operative planning an
attack.
Rather than bring criminal charges, Bush designated Padilla an "enemy
combatant" and had him imprisoned indefinitely without benefit of due process. After
three years, the administration finally brought charges against Padilla, in
order to avoid a Supreme Court showdown the White House might have lost.
But since the Court was not able to rule on the Padilla case, the
administration's arguments have not been formally repudiated. Indeed, despite filing
charges against Padilla, the White House still asserts the right to detain US
citizens without charges as enemy combatants.
This claimed authority is based on the assertion that the United States is at
war and the American homeland is part of the battlefield.
"In the war against terrorists of global reach, as the Nation learned all too
well on Sept. 11, 2001, the territory of the United States is part of the
battlefield," Bush's lawyers argued in briefs to the federal courts. [Washington
Post, July 19, 2005]
Given Bush's now open assertions that he is using his "plenary" - or
unlimited - powers as Commander in Chief for the duration of the indefinite War on
Terror, Americans can no longer trust that their constitutional rights protect
them from government actions.
As former Vice President Al Gore asked after recounting a litany of sweeping
powers that Bush has asserted to fight the War on Terror, "Can it be true that
any President really has such powers under our Constitution? If the answer is
'yes,' then under the theory by which these acts are committed, are there any
acts that can on their face be prohibited?"
In such extraordinary circumstances, the American people might legitimately
ask exactly what the Bush administration means by the "rapid development of new
programs," which might require the construction of a new network of detention
camps.
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