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Northern Command chief backs domestic use of US military
By Peter Daniels
23 July 2002
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US Air Force General Ralph E. Eberhart, head of the newly established
Northern Command, says he supports giving greater domestic powers
to the military in the Bush administrations war on
terrorism. The Northern Command, which will begin operations
October 1, will oversee all military personnel flying patrols
over American cities, as well as those patrolling waters up to
500 miles off the US coast.
The Bush administration has called on lawyers in the Justice
and Defense Departments to review the Posse Comitatus Act of 1878,
which strictly limits the militarys ability to participate
in domestic law enforcement. The Posse Comitatusor force
of the countrylegislation was enacted at the end of
the post-Civil War Reconstruction period, when the US military
oversaw civil rule in states of the former Confederacy. The law
has not been fundamentally amended since, and any changes would
require Congressional approval.
General Eberhart told the New York Times: My view
has been that Posse Comitatus will constantly be under review
as we mature this command, as we do our exercise, as we interact
with FEMA [Federal Emergency Management Agency], FBI, and those
lead federal agencies out there.... There are some situations
where theres no other alternatives, and federal forces have
to be used to secure the safety and security of our people.
Calling into question Posse Comitatus is among the most sinister
elements of Bushs proposals for a new Department of Homeland
Security. This review of the 125-year-old law could pave the way
for the authorities to more easily establish martial law, wiping
out basic civil liberties of citizens and non-citizens alike.
The Bush administrations assault on Posse Comitatus is consistent
with its efforts to weaken the core democratic principle of the
subordination of the military to civilian authority.
Homeland Security head Tom Ridge indicated the administration
is seriously discussing efforts to loosen restrictions on the
use of military troops on US soil. I dont think its
out of the question, he said last Sunday in an interview
with Fox News. We need to be talking about military assets,
in anticipation of a crisis event. And clearly, if youre
talking about using the military, then you should have a discussion
about Posse Comitatus.
Bush presented his Homeland Security proposal at a White House
ceremony July 16.
On July 18 the Republican leadership of the House of Representatives
presented its version of the homeland security legislation, incorporating
nearly all of the White House proposals, including merging 22
federal agenciessuch as the Coast Guard and FEMAinto
a single department. On July 19 a special committee of the House
signed off on the plan largely intact, and it now heads to the
Senate.
As with the rash of anti-democratic measures instituted over
the last ten months, Bushs Homeland Security proposals seize
on the events of September 11 and the threat of future terror
attacks as a pretext to enact measures attacking fundamental democratic
principles and civil liberties.
Another proposal would establish an intelligence threat
division in the new department. This would include so-called
red teams that, in the words of various press accounts,
would be authorized to act like terrorists. The claim
is that these techniques would assist the government to devise
new means of heading off terrorism.
Other elements of the plan released by the White House include
the establishment of national standards for state drivers
licenses, which critics have charged could be used to establish
national identity cards; the creation of a top secret plan to
protect the national infrastructure; and increased inspection
of international shipping containers in foreign ports and as they
enter the US.
As significant as the broad new powers proposed for the military
and the executive branch of government are the methods by which
they have been prepared. The homeland security proposals
have been worked out over the past eight months in total secrecy.
Administration spokesmen have given misleading information about
their deliberations to Congress during this period.
One example is the testimony of Defense Secretary Donald Rumsfeld
before the Senate Appropriations Committee last May. When asked
by Alaska Republican Ted Stevens whether the administration planned
to revise the Posse Comitatus Act, Rumsfeld replied, No,
Senator, were not. Were not looking for any long-term
or short-term change with respect to Posse Comitatus. Rumsfelds
comment was only one of a number of similar denials by the Pentagon.
Bush is demanding restrictions on the Freedom of Information
Act as well, thus shielding government operations from the kind
of scrutiny that was made possible by legislation in the wake
of the Watergate crisis of more than a quarter century ago. The
White House also wants to do away with civil service protection
for employees of the planned Homeland Security Department, and
seeks the power to shift already appropriated funds without consulting
Congress.
The administration is proceeding with what has become its typical
modus operandia combination of scare-mongering and secrecy
that it justifies with reference to security considerations. The
100-page plan is contained in a booklet illustrated with pictures
of a freeway interchange, a nuclear power plant and a Washington
subway station, suggesting that new disasters are imminent. At
the same time, the unprecedented secrecy is justified with the
incessantly repeated mantra that the war on terrorism
must be waged at home as well as abroad.
A senior administration official, referring to the part of
the homeland security plan that involves preparations to protect
critical infrastructure, including highways, pipelines, agriculture,
the Internet, databases and energy plants, told the New York
Times, Thats one of the big points. The whole
society is vulnerable with hundreds, thousands of targets we have
to protect, but the most important stuff we do wont be released.
The same unnamed official dismissed the White Houses
deception of Congress over the past eight months. He claimed the
administration had opposed proposals raised in Congress for a
new Department of Homeland Security because People were
asking for a strategy, but we werent ready. In early
June, the White House suddenly appeared to reverse itself, announcing
plans for the new department. The timing was clearly related to
a series of revelations indicating advance knowledge by the government
of last Septembers terrorist attacks and the start of congressional
hearings on the hijack-bombings.
Resistance within Congress to Bushs plan, which is limited,
centers on concerns of committee chairmen, including some Republicans,
that their powers and prerogatives will be restricted. There is
virtually no opposition to the proposed attacks on civil liberties
and democratic rights.
See Also:
Operation TIPS: Bush plan to recruit
1 million domestic spies
[22 July 2002]
Bushs new Department
of Homeland Defense: the scaffolding of a police state
[8 June 2002]
Bush administration cites
September 11 failures to attack democratic rights
FBI gets blank check for domestic spying
[7 June 2002]
Government by provocation:
Bush administration escalates terror warnings
[24 May 2002]
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