Bush Anoints Himself as the Insurer of Constitutional Government in Emergency

by Matthew Rothschild

With scarcely a mention in the mainstream media, President Bush has ordered up a plan for responding to a catastrophic attack.

In a new National Security Presidential Directive , Bush lays out his plans for dealing with a “catastrophic emergency.” (Ed.: Full text appended at end of this article.)

Under that plan, he entrusts himself with leading the entire federal government, not just the Executive Branch. And he gives himself the responsibility “for ensuring constitutional government.”

He laid this all out in a document entitled “National Security Presidential Directive/NSPD 51” and “Homeland Security Presidential Directive/HSPD-20.”

The White House released it on May 9.

Other than a discussion on Daily Kos led off by a posting by Leo Fender, and a pro-forma notice in a couple of mainstream newspapers, this document has gone unremarked upon.

The subject of the document is entitled “National Continuity Policy.”

It defines a “catastrophic emergency” as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government function.”

This could mean another 9/11, or another Katrina, or a major earthquake in California, I imagine, since it says it would include “localized acts of nature, accidents, and technological or attack-related emergencies.”

The document emphasizes the need to ensure “the continued function of our form of government under the Constitution, including the functioning of the three separate branches of government,” it states.

But it says flat out: “The President shall lead the activities of the Federal Government for ensuring constitutional government.”

Editor’s Note: In a different world, citizens might welcome a bold move by their president to ensure that vital services are delivered during a time of national crisis. But from this Administration, great suspicion over motivation is warranted.They don’t govern. They seek opportunities to expand their hold on power.Remember also that documents like this are often like icebergs: you see the tip of them, but the really scary stuff is hidden beneath the surface ( in the classified “Continuity Annexes”, perhaps).

The document waves at the need to work closely with the other two branches, saying there will be “a cooperative effort among the executive, legislative, and judicial branches of the Federal Government.” But this effort will be “coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers.”

Among the efforts coordinated by the President would be ensuring the capability of the three branches of government to “provide for orderly succession” and “appropriate transition of leadership.”

The document designates a National Continuity Coordinator, who would be the Assistant to the President for Homeland Security and Counterterrorism.

Currently holding that post is Frances Fragos Townsend.

She is required to develop a National Continuity Implementation Plan and submit it within 90 days.

As part of that plan, she is not only to devise procedures for the Executive Branch but also give guidance to “state, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure.”

The secretary of Homeland Security is also directed to develop planning guidance for “private sector critical infrastructure owners and operators,” as well as state, local, territorial, and tribal governments.

The document gives the Vice President a role in implementing the provisions of the contingency plans.

“This directive shall be implanted 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 USC 19), with the consultation of the Vice President and, as appropriate, others involved.”

The document also contains “classified Continuity Annexes.”

Source URL: http://progressive.org/mag_wx051807

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Readers may recall the interview with Tommy Franks, published in Cigar Aficianado magazine in December, 2003, discussed here by Michel Chossudovsky of the Centre for Research on Globalization, and Franks’ prediction of martial law.

The Criminalization of the State

by Michel Chossudovsky

23 November 2003

In the wake of the Iraq war, 18 Iraqis and 2 Jordanians introduced a class action law suit in a Brussels Court against General Franks, Commander of the US Armed Forces in Iraq.

Based on the law of “universal jurisdiction”, characteristic of Belgian law concerning genocide and war crimes, General Franks was identified:

“for ordering war crimes and for not preventing others from committing them or for providing protection to the perpetrators.”

The law suit does not solely implicate General Franks, who was obeying orders from higher up: Under the war agenda, high ranking officials of the Bush administration, members of the military, the US Congress and the Judiciary have been granted the authority not only to commit criminal acts, but also to designate those opposed to these criminal acts as “enemies of the State.”

In other words, the “Criminalization of the State”, is when war criminals legitimately occupy positions of authority, which enable them to decide “who are the criminals”, when in fact they are criminals.

Franks’ statement no doubt reflects a consensus within the Military as to how events ought to unfold. It is clear in his mind that the “war on terrorism” provides a justification for repealing the Rule of Law, ultimately with a view to preserving civil liberties.

Franks’ interview suggests that an Al Qaeda sponsored terrorist attack will be used as a “trigger mechanism” for a military coup d’état in America. Franks is alluding to a so-called “Pearl Harbor type event” which would be used as a justification for declaring a State of emergency, leading to the establishment of a military government.

In many regards, the militarisation of civilian State institutions is already functional under the facade of a bogus democracy.

General Franks has nonetheless identified with cynical accuracy the precise scenario whereby military rule will be established:

“a terrorist, massive, casualty-producing event [will occur] somewhere in the Western world — it may be in the United States of America — that causes our population to question our own Constitution and to begin to militarize our country in order to avoid a repeat of another mass, casualty-producing event.”

This statement from an individual who was actively involved in military and intelligence planning at the highest levels, suggests that the “militarisation of our country” is an ongoing operational assumption. It is part of the broader “Washington consensus”. It identifies the Bush administration’s “roadmap” of war and Homeland Defense. Needless to say, it is also an integral part of the neoliberal agenda.

The “terrorist massive casualty-producing event” is presented by General Franks as a crucial political turning point. The resulting crisis and social turmoil are intended to facilitate a major shift in US political, social and institutional structures.

In the words of David Rockefeller:

 

“We are on the verge of global transformation. All we need is the right major crisis and the nations will accept the New World Order.”

A similar statement was made by Zbigniew Brzezinski in the Grand Chessboard :

 

“As America becomes an increasingly multicultural society, it may find it more difficult to fashion a consensus on foreign policy issues, except in the circumstances of a truly massive and widely perceived direct external threat.”

The NeoCons’ Project for the New American Century (PNAC), published in September 2000, barely two months before the presidential elections, called for:

“some catastrophic and catalyzing event, like a new Pearl Harbor.” (See http://www.globalresearch.ca/articles/NAC304A.html )

What is terrifying in General Franks’ statement is that it accurately reflects official US foreign policy. It comes from a man who obeys orders emanating from the military command structure.

In other words, his statement accurately reveals the Pentagon’s frame of mind. Moreover, it comes from a military man who speaks with a profound sense of conviction, who firmly believes in the righteousness of war as a means to safeguarding democratic values.

In other words, the military actors and politicians are totally blinded by the “war on terrorism” dogma. Truth is falsehood and falsehood is truth. Realities are turned upside down. Acts of war are heralded as “humanitarian interventions” geared towards upholding democracy. Military occupation and the killing of civilians are presented as “peace-keeping operations.” The repeal of democracy is portrayed by General Franks as a means to providing “domestic security” and upholding civil liberties.

Needless to say: any attempt by antiwar critics to reveal these “inconsistencies” or “unanswered questions” would –under General Frank’s scenario– be defined as a “criminal act”. In other words, those who are investigating “the war on terrorism” and the military, political and economic actors behind the New World Order, with a view to establishing the truth, are categorized as “enemies of the State”, and consequently as criminals:

“The ‘war on terrorism’ is the cover for the war on dissent.”

( “Homeland Defense” and the Militarisation of America by Frank Morales, http://www.globalresearch.ca/articles/MOR309A.html , September 2003)

For further details on the war crimes law suit against General Frank, see:

Court case against General Franks in Brussels: No impunity for war crimes committed by U.S. troops in Iraq: http://www.globalresearch.ca/articles/COU305A.html

The Genocide and War Crimes Case against General Tommy Franks in Brussels: http://www.globalresearch.ca/articles/STO305A.html

© Centre for Research on Globalization _______________________________________________________

For Immediate Release Office of the Press Secretary May 9, 2007

National Security and Homeland Security Presidential Directive

NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20

Subject: National Continuity Policy

Purpose

(1) This directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. This policy establishes “National Essential Functions,” prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.

Definitions

(2) In this directive:

(a) “Category” refers to the categories of executive departments and agencies listed in Annex A to this directive;

(b) “Catastrophic Emergency” means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions;

(c) “Continuity of Government,” or “COG,” means a coordinated effort within the Federal Government’s executive branch to ensure that National Essential Functions continue to be performed during a Catastrophic Emergency;

(d) “Continuity of Operations,” or “COOP,” means an effort within individual executive departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;

(e) “Enduring Constitutional Government,” or “ECG,” means a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers among the branches, to preserve the constitutional framework under which the Nation is governed and the capability of all three branches of government to execute constitutional responsibilities and provide for orderly succession, appropriate transition of leadership, and interoperability and support of the National Essential Functions during a catastrophic emergency;

(f) “Executive Departments and Agencies” means the executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), Government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service;

(g) “Government Functions” means the collective functions of the heads of executive departments and agencies as defined by statute, regulation, presidential direction, or other legal authority, and the functions of the legislative and judicial branches;

(h) “National Essential Functions,” or “NEFs,” means that subset of Government Functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through COOP and COG capabilities; and

(i) “Primary Mission Essential Functions,” or “PMEFs,” means those Government Functions that must be performed in order to support or implement the performance of NEFs before, during, and in the aftermath of an emergency.

Policy

(3) It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government under the Constitution and the continuing performance of National Essential Functions under all conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily operations of all executive departments and agencies. As a result of the asymmetric threat environment, adequate warning of potential emergencies that could pose a significant risk to the homeland might not be available, and therefore all continuity planning shall be based on the assumption that no such warning will be received. Emphasis will be placed upon geographic dispersion of leadership, staff, and infrastructure in order to increase survivability and maintain uninterrupted Government Functions. Risk management principles shall be applied to ensure that appropriate operational readiness decisions are based on the probability of an attack or other incident and its consequences.

(5) The following NEFs are the foundation for all continuity programs and capabilities and represent the overarching responsibilities of the Federal Government to lead and sustain the Nation during a crisis, and therefore sustaining the following NEFs shall be the primary focus of

the Federal Government leadership during and in the aftermath of an emergency that adversely affects the performance of Government Functions:

(a) Ensuring the continued functioning of our form of government under the Constitution, including the functioning of the three separate branches of government;

(b) Providing leadership visible to the Nation and the world and maintaining the trust and confidence of the American people;

(c) Defending the Constitution of the United States against all enemies, foreign and domestic, and preventing or interdicting attacks against the United States or its people, property, or interests;

(d) Maintaining and fostering effective relationships with foreign nations;

(e) Protecting against threats to the homeland and bringing to justice perpetrators of crimes or attacks against the United States or its people, property, or interests;

(f) Providing rapid and effective response to and recovery from the domestic consequences of an attack or other incident;

(g) Protecting and stabilizing the Nation’s economy and ensuring public confidence in its financial systems; and

(h) Providing for critical Federal Government services that address the national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government for ensuring constitutional government. In order to advise and assist the President in that function, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT) is hereby designated as the National Continuity Coordinator. The National Continuity Coordinator, in coordination with the Assistant to the President for National

Security Affairs (APNSA), without exercising directive authority, shall coordinate the development and implementation of continuity policy for executive departments and agencies. The Continuity Policy Coordination Committee (CPCC), chaired by a Senior Director from the Homeland Security Council staff, designated by the National Continuity Coordinator, shall be the main day-to-day forum for such policy coordination.

(7) For continuity purposes, each executive department and agency is assigned to a category in accordance with the nature and characteristics of its national security roles and

responsibilities in support of the Federal Government’s ability to sustain the NEFs. The Secretary of Homeland Security shall serve as the President’s lead agent for coordinating overall

continuity operations and activities of executive departments and agencies, and in such role shall perform the responsibilities set forth for the Secretary in sections 10 and 16 of this directive.

(8) The National Continuity Coordinator, in consultation with the heads of appropriate executive departments and agencies, will lead the development of a National Continuity Implementation Plan (Plan), which shall include prioritized goals and objectives, a concept of operations, performance metrics by which to measure continuity readiness, procedures for continuity and incident management activities, and clear direction to executive department and agency continuity coordinators, as well as guidance to promote interoperability of Federal Government continuity programs and procedures with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate. The Plan shall be submitted to the President for approval not later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is responsible for its own continuity programs, an official designated by the Chief of Staff to the President shall ensure that the executive branch’s COOP and COG policies in support of ECG efforts are appropriately coordinated with those of

the legislative and judicial branches in order to ensure interoperability and allocate national assets efficiently to maintain a functioning Federal Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall be appropriately integrated with the emergency plans and capabilities of State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to promote interoperability and to prevent redundancies and conflicting lines of authority. The Secretary of Homeland Security shall coordinate the integration of Federal continuity plans and operations with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.

(11) Continuity requirements for the Executive Office of the President (EOP) and executive departments and agencies shall include the following:

(a) The continuation of the performance of PMEFs during any emergency must be for a period up to 30 days or until normal operations can be resumed, and the capability to be fully operational at alternate sites as soon as possible after the occurrence of an emergency, but not later than 12 hours after COOP activation;

(b) Succession orders and pre-planned devolution of authorities that ensure the emergency delegation of authority must be planned and documented in advance in accordance with applicable law;

(c) Vital resources, facilities, and records must be safeguarded, and official access to them must be provided;

(d) Provision must be made for the acquisition of the resources necessary for continuity operations on an emergency basis;

(e) Provision must be made for the availability and redundancy of critical communications capabilities at alternate sites in order to support connectivity between

and among key government leadership, internal elements, other executive departments and agencies, critical partners, and the public;

(f) Provision must be made for reconstitution capabilities that allow for recovery from a catastrophic emergency and resumption of normal operations; and

(g) Provision must be made for the identification, training, and preparedness of personnel capable of relocating to alternate facilities to support the continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat levels or actual emergencies, the Continuity of Government Readiness Conditions (COGCON) system establishes executive branch continuity program readiness levels, focusing

on possible threats to the National Capital Region. The President will determine and issue the COGCON Level. Executive departments and agencies shall comply with the requirements and

assigned responsibilities under the COGCON program. During COOP activation, executive departments and agencies shall report their readiness status to the Secretary of Homeland Security or the Secretary’s designee.

(13) The Director of the Office of Management and Budget shall:

(a) Conduct an annual assessment of executive department and agency continuity funding requests and performance data that are submitted by executive departments and agencies as part of the annual budget request process, in order to monitor progress in the implementation of the Plan and the execution of continuity budgets;

(b) In coordination with the National Continuity Coordinator, issue annual continuity planning guidance for the development of continuity budget requests; and

(c) Ensure that heads of executive departments and agencies prioritize budget resources for continuity capabilities, consistent with this directive.

(14) The Director of the Office of Science and Technology Policy shall:

(a) Define and issue minimum requirements for continuity communications for executive departments and agencies, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President;

(b) Establish requirements for, and monitor the development, implementation, and maintenance of, a comprehensive communications architecture to integrate continuity components, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President; and

(c) Review quarterly and annual assessments of continuity communications capabilities, as prepared pursuant to section 16(d) of this directive or otherwise, and report the results and recommended remedial actions to the National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

(a) Advise the President, the Chief of Staff to the President, the APHS/CT, and the APNSA on COGCON operational execution options; and

(b) Consult with the Secretary of Homeland Security in order to ensure synchronization and integration of continuity activities among the four categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

(a) Coordinate the implementation, execution, and assessment of continuity operations and activities;

(b) Develop and promulgate Federal Continuity Directives in order to establish continuity planning requirements for executive departments and agencies;

(c) Conduct biennial assessments of individual department and agency continuity capabilities as prescribed by the Plan and report the results to the President through the APHS/CT;

(d) Conduct quarterly and annual assessments of continuity communications capabilities in consultation with an official designated by the Chief of Staff to the President;

(e) Develop, lead, and conduct a Federal continuity training and exercise program, which shall be incorporated into the National Exercise Program developed pursuant to Homeland Security Presidential Directive-8 of December 17, 2003 (“National Preparedness”), in consultation with an

official designated by the Chief of Staff to the President;

(f) Develop and promulgate continuity planning guidance to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators;

(g) Make available continuity planning and exercise funding, in the form of grants as provided by law, to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators; and

(h) As Executive Agent of the National Communications System, develop, implement, and maintain a comprehensive continuity communications architecture.

(17) The Director of National Intelligence, in coordination with the Attorney General and the Secretary of Homeland Security, shall produce a biennial assessment of the foreign and domestic threats to the Nation’s continuity of government.

(18) The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall provide secure, integrated, Continuity of Government communications to the President, the Vice President, and, at a minimum, Category I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their respective department or agency COOP plans in response to a localized emergency and shall:

(a) Appoint a senior accountable official, at the Assistant Secretary level, as the Continuity Coordinator for the department or agency;

(b) Identify and submit to the National Continuity Coordinator the list of PMEFs for the department or agency and develop continuity plans in support of the NEFs and the continuation of essential functions under all conditions;

(c) Plan, program, and budget for continuity capabilities consistent with this directive;

(d) Plan, conduct, and support annual tests and training, in consultation with the Secretary of Homeland Security, in order to evaluate program readiness and ensure adequacy and viability of continuity plans and communications systems; and

(e) Support other continuity requirements, as assigned by category, in accordance with the nature and characteristics of its national security roles and responsibilities

General Provisions

(20) This directive 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.

(21) This directive:

(a) Shall be implemented consistent with applicable law and the authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations;

(b) Shall not be construed to impair or otherwise affect (i) the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals, or (ii) the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President, to the Secretary of Defense, to the commander of military forces, or military command and control procedures; and

(c) Is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 (“Enduring Constitutional Government and Continuity of Government Operations”), including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.

(24) Security. This directive and the information contained herein shall be protected from unauthorized disclosure, provided that, except for Annex A, the Annexes attached to this directive are classified and shall be accorded appropriate handling, consistent with applicable Executive Orders.

GEORGE W. BUSH

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Source URL: http://www.whitehouse.gov/news/releases/2007/05/20070509-12.html