"We are on the verge of a global transformation. All we need is the right major crisis and the nations will accept the New World Order."
-David Rockefeller (unproven authenticity)“Today Americans would be outraged if U.N. troops entered Los Angeles to restore order; tomorrow they will be grateful! This is especially true if they were told there was an outside threat from beyond, whether real or promulgated, that threatened our very existence. It is then that all peoples of the world will pledge with world leaders to deliver them from this evil. The one thing every man fears is the unknown. When presented with this scenario, individual rights will be willingly relinquished for the guarantee of their well being granted to them by their world government.”
-Henry Kissinger in an address to the Bilderberg organization meeting at Evian, France, May 21, 1992. Transcribed from a tape recording made by one of the Swiss delegates.“In our obsession with antagonisms of the moment, we often forget how much unites all the members of humanity. Perhaps we need some outside universal threat to make us recognize this common bond. I occasionally think how quickly our differences worldwide would vanish if we were facing an alien threat from outside this world. And yet, I ask you, is not an alien force already among us? What could be more alien to the universal aspirations of our peoples than war and the threat of war?”
-Ronald Reagan, to the 42nd General Assembly of the United Nations, 1987-Sep-21“the helicopters used in these exercises are black. There is no external identification -- no flag or numbers. The markings on them are internal to the command. Anyone looking at them would not be able to tell if they are American helicopters or foreign.”
-COL Bill Darley, a spokesman at the US Department of Defense, speaking about Special Forces domestic urban training exercises, appearing in an Insight Magazine article of 1999-Oct-15
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| “U.S. Army soldiers from Ft. Rucker patrol the downtown area of Samson, Alabama after a shooting spree March 10, 2009. At least 10 people including the suspected gunman and his mother were killed in the shooting spree and car chase in southern Alabama on Tuesday, authorities said. REUTERS/Mark Wallheiser (UNITED STATES CONFLICT SOCIETY IMAGE OF THE DAY TOP PICTURE)” (text and photo from Reuters, violation of Posse Comitatus from your government) |
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| 1998-Oct-31 23:50PST, Eugene, Oregon, environs of the University of Oregon: police with full riot gear and gas masks prepare to rush and tear gas youths engaged in noisy congregation and petty mischief. |
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| 1999-Dec-1, Seattle, Washington, environs of the WTO meeting: peaceful protesters are doused with chemical weapons |
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| 1999-Dec-1, Seattle, Washington, environs of the WTO meeting: officer fires less lethal weapon at peaceful protesters at close range |
(The latter two pictures are from http://www.geocities.com/Area51/Keep/4885/wto/.)
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| 2000-Apr-22, Miami, Florida, inside the Gonzalez residence: INS agent about to force Elián from the arms of Donato Dalrymple |
A great many of those who become police officers enjoy exerting authority over other people. Such people gravitate to this line of work because it provides opportunities for this, and is largely structured in terms of relationships of authority. Indeed, police work offers little beyond this that is appealing to most of those who might consider becoming police officers (excluding major crime detectives, whose work has the potential, and often the evident characteristic, of being quite noble). Police work is both dull and dangerous, and when an agent interacts with a member of the public, he can almost always sense fear or hostility - attitudes which are often subtle in their manifestations, of course, but which are nonetheless commonplace. Dedication to public service - an oft-cited rationale for entering government service - simply doesn't bring home the bacon, psychologically, particularly in so thankless a line of work. It is not unusual, of course, for police officers to consciously maintain this pretense even to themselves, so that the bona fide motivation for their career choice resides in their subconscious.
Since police officers can exercise authority only over criminals and at crime scenes, and since many of them enjoy exercising authority and are displeased and angered when their authority is not recognized, they will tend to support any policy or trend that increases the number and variety of crimes (thereby increasing the number of people considered by the state to be criminals), and the frequency and scope of crime scenes (for example, parole of violent criminals to make room for political prisoners of the Drug War).
A great many adherents of the principle of the total state in general (whether conscious or unconscious) vigorously support the principle of non-resistance: that is, the principle that ordinary citizens should under no circumstances be armed, and should always accede to the demands of an armed individual, whether the demand is to hand over money, hand over an automobile, raise hands, or lie prostrate. In particular, it is the demands of police officers and criminals that are at issue. This principle obviously amplifies the rewards of criminality, and dramatically reduces its perils. The result is that there are far more criminals than there would otherwise be - and concomitantly, more holdups, muggings, rapes, and homicides, in particular. An armed society is a polite society, whereas a disarmed society is a herd of sheep to be sheared, violated, or slaughtered, at the whimsy of the armed.
Those adherents of the principle of the total state who reject the principle of non-resistance embrace the principle that the state ought to permit only “reliable” citizens to have and carry weapons. A “reliable” citizen, of course, is one the state expects to further the state's interests, so that in effect the citizen is a de facto agent of the state. This is how firearms laws were structured under the National Socialist regime of Germany (following the non-resistance type laws of the Weimar Republic), and this is how firearms laws are structured in the present-day United States under discretionary concealed carry permitting regimes.
Finally, emergencies are situations in which whole communities are treated as crime scenes. Police officers and their superiors tend to support any policy or trend that increases the frequency and scope of emergencies (particularly, by a redefinition of the term “emergency”) because this creates more opportunities for them to exert authority. Of course, all of the above tendencies of state agents are predominantly subconscious, but this makes them more dangerous, since the subconscious is - by definition - not accountable to conscious reason.
Summary of Warrior Cops: The Ominous Growth of Paramilitarism in American Police Departments, Cato report #50, 1999-Aug-26, by Diane Cecilia Weber:
Over the past 20 years Congress has encouraged the U.S. military to supply intelligence, equipment, and training to civilian police. That encouragement has spawned a culture of paramilitarism in American law enforcement.
The 1980s and 1990s have seen marked changes in the number of state and local paramilitary units, in their mission and deployment, and in their tactical armament. According to a recent academic survey, nearly 90 percent of the police departments surveyed in cities with populations over 50,000 had paramilitary units, as did 70 percent of the departments surveyed in communities with populations under 50,000. The Pentagon has been equipping those units with M-16s, armored personnel carriers, and grenade launchers. The police paramilitary units also conduct training exercises with active duty Army Rangers and Navy SEALs.
State and local police departments are increasingly accepting the military as a model for their behavior and outlook. The sharing of training and technology is producing a shared mindset. The problem is that the mindset of the soldier is simply not appropriate for the civilian police officer. Police officers confront not an "enemy" but individuals who are protected by the Bill of Rights. Confusing the police func- tion with the military function can lead to dan- gerous and unintended consequences-such as unnecessary shootings and killings.
Here is the full report in HTML format.
Summary of Overkill: The Rise of Paramilitary Police Raids in America, also from the Cato Institute, 2006-Jul-17, by Radley Balko:
Americans have long maintained that a man's home is his castle and that he has the right to defend it from unlawful intruders. Unfortunately, that right may be disappearing. Over the last 25 years, America has seen a disturbing militarization of its civilian law enforcement, along with a dramatic and unsettling rise in the use of paramilitary police units (most commonly called Special Weapons and Tactics, or SWAT) for routine police work. The most common use of SWAT teams today is to serve narcotics warrants, usually with forced, unannounced entry into the home.
These increasingly frequent raids, 40,000 per year by one estimate, are needlessly subjecting nonviolent drug offenders, bystanders, and wrongly targeted civilians to the terror of having their homes invaded while they're sleeping, usually by teams of heavily armed paramilitary units dressed not as police officers but as soldiers. These raids bring unnecessary violence and provocation to nonviolent drug offenders, many of whom were guilty of only misdemeanors. The raids terrorize innocents when police mistakenly target the wrong residence. And they have resulted in dozens of needless deaths and injuries, not only of drug offenders, but also of police officers, children, bystanders, and innocent suspects.
This paper presents a history and overview of the issue of paramilitary drug raids, provides an extensive catalogue of abuses and mistaken raids, and offers recommendations for reform.
Here is the full report in PDF format.
by Orville Weyrich, from http://www.weyrich.com/political_issues/reichstag_fire.html:
Reichstag Fire
They who will not learn from history are doomed to repeat it. Recent events raise ghosts of the past.
January 30, 1933
Weimar Republic President Paul von Hindenburg appoints Adolph Hitler Chancellor.February 27, 1933
The German Parliament (Reichstag) burns down. A dazed Dutch Communist named Marinus van der Lubbe is found at the scene and charged with arson. [He is later found guilty and executed].February 28, 1933
President Hindenburg and Chancellor Hitler invoke Article 48 of the Weimar Constitution, which permits the suspension of civil liberties in time of national emergency. This Decree of the Reich President for the Protection of the People and State abrogates the following constitutional protections:
- Free expression of opinion
- Freedom of the press
- Right of assembly and association
- Right to privacy of postal and electronic communications
- Protection against unlawful searches and seizures
- Individual property rights
- States' right of self-government
A supplemental decree creates the SA (Storm Troops) and SS (Special Security) Federal police agencies.
Who Did It?
Historians do not agree on who is actually responsible for the Reichstag Fire: van der Lubbe acting alone -- a Communist plot -- or the Nazis themselves in order to create an incident. Writers such as Klaus P. Fischer feel that most likely the Nazis were involved.But regardless of who actually planned and executed the fire, it is clear that the Nazis immediately took advantage of the situation in order to advance their cause at the expense of civil rights. The Decree enabled the Nazis to ruthlessly suppress opposition in the upcoming election.
March 5, 1933
National elections give Nazis 44% plurality in the Reichstag. Herman Göring [who later played a central role in the Nazi government and war effort] declares that there is no further need for State governments.Over the next few weeks, each of the lawful Weimar State governments falls to the same ruse:
- Local Nazi organizations instigate disorder;
- The disorder is quelled by replacing the elected state government by appointed Nazi Reich Commissioners.
March 24, 1933
The Reichstag passes the Law for Terminating the Suffering of People and Nation , also known as the Enabling Law , essentially granting Adolph Hitler dictatorial power.ANALYSIS
The events in 1933 can be summarized as follows:
- While it is not clear whether the Nazis intentionally set the Reichstag fire in order to create a national crisis, or whether the Nazis simply were opportunistic, the event was used as justification for a sharp curtailment in constitutionally guaranteed civil liberties.
- The Nazis took advantage of the additional Federal police powers to suppress opponents.
- It is clear that in other situations, the Nazis did use the tactic of creating a "law and order" crisis so that they could provide a solution which further eroded civil liberties and entrenched their power.
- The right-wing Nazis and the left-wing communists were cut from the same cloth -- the point is not that the far right destroyed civil rights. Rather, the point is that a democracy can be destroyed by creating a law-and-order crisis and offering as a 'solution' the abdication of civil liberties and state's rights to a powerful but unaccountable central authority.
Important reference material: special
operations field manual library, including Civil Affairs
Operations, An Infantryman's Guide to Combat in Built-Up
Areas, and Military Operations on Urbanized Terrain.
| Index of Journalistic Items |
| U.S. Military Preparing for Domestic Disturbances, 2008-Dec-23, from NewsMax, by Jim Meyers |
| Guardsmen to conduct urban training at Arcadia in April, 2009-Feb-17, from the Daily Times Herald, by Butch Heman |
| Obama's chief of staff choice favors compulsory universal service, 2008-Nov-6, from the Examiner, by J.D. Tuccille |
| SWAT Overkill: The Danger of a Paramilitary Police Force, 2006-Nov-28, from Popular Mechanics, by Glenn Harlan Reynolds |
| Railroaded Onto Death Row?, 2006-Feb-15, from Fox News, by Radley Balko |
| Still on Catastrophe's Edge: In a flash, U.S. and Russia could hurl thousands of missiles at each other, 2004-Apr-26, from the Los Angeles Times, by Robert McNamara and Helen Caldicott |
| Baggage Claim: The myth of "suitcase nukes.", 2005-Oct-31, from the Wall Street Journal, by Richard Miniter |
| Inside the Apocalyptic Soviet Doomsday Machine, 2009-Sep-21, from Wired Magazine, by Nicholas Thompson |
| Mother of All Blackouts: Now there's a new threat to prepare for--an EMP blast that could black out the nation., 2004-Aug-14, from the Wall Street Journal |
| Gen. Franks Doubts Constitution Will Survive WMD Attack, 2003-Nov-21, from NewsMax.com, by John O. Edwards |
| Analysis: States Steadily Restricting Info, 2006-Mar-11, from the Associated Press, by Robert Tanner with John Parsons contributing |
| Anti-terror laws increasingly used against common criminals, 2003-Sep-15, from the Associated Press |
| Penalties borne by rush of patriotism, 2001-Nov-8, from the Washington Times, by Paul Craig Roberts |
| Seattle Student Detained for Photography Assignment, 2004-Jul-16, from the Associated Press, by Elizabeth M. Gillespie |
| Smallpox plan grants sweeping power, 2001-Nov-8, from the Boston Herald, by Michael Lasalandra |
| Bioterrorism: Civil Liberties Under Quarantine: Is the U.S. Legally Prepared for a Smallpox Epidemic?, 2001-Oct-22/23, from NPR, by Daniel Zwerdling |
| Terror Act Has Lasting Effects, 2001-Oct-26, from Wired, by Declan McCullagh |
| Meet the New Magaw, 2002-Jan-15, from SierraTimes.com, by Sean Finnegan |
| Why Not Disclose?, 2001-Oct-31, from the Washington Post |
| Senators Question an Anti-Terrorism Proposal, 2001-Sep-26, from the Washington Post, by John Lancaster |
| Homeland Insecurity, 2001-Oct-25, from the Sacramento News and Review, by R.V. Scheide |
| New Homeland Defense Plans Emerge: Fearing Ridge Lacks Clout, Lawmakers Float Proposals for Super-Agency, 2001-Sep-26, from the Washington Post, by Eric Pianin and Bradley Graham |
| Poll Finds Support for War and Fear on Economy, 2001-Sep-25, from the New York Times, by Richard L. Berke and Janet Elder |
| What If Things Get Worse?, 2001-Sep-25, from the Washington Post, by Howard Kurtz |
| One-Occupant Cars to Be Barred From Some Entrances to Manhattan, 2001-Sep-26, from the New York Times, by Randy Kennedy |
| Morris Dees and Southern Poverty Law Center, 2000-Apr-6, from NewsMax, by Carl Limbacher et al. |
| Preparing For A Grave New World, 1999-Jul-27, by William S. Cohen, US Secretary Of Defense |
| Nine Minutes to Midnight, 1998-Jun-11, from the Bulletin of Atomic Scientists |
| Ted Turner tells grads nuclear war may be next, 1999-May-8, from the Associated Press |
| Unleashing `Mini-Nukes' Will Bring Dire Consequences, 2000-Sep-21, from the San Francisco Chronicle, by Martin Butcher and Theresa Hitchens |
| Get Used to It! Alerts, blackouts predicted for next 2 years, 2001-Jan-22, from the San Francisco Chronicle, by Jonathan Curiel, Greg Lucas Bob Egelko, and Charlie Goodyear |
| State OKs $10 Billion for Power: CONSERVE OR ELSE: $1000-a-day fines for stores that don't comply, 2001-Feb-2, from the San Francisco Chronicle, by Robert Salladay, Joe Garofoli, and Bob Egelko |
| Too Much Regulation Keeps California in the Dark, 2000-Aug-7, from the Wall Street Journal, by William P. Kucewicz |
| Y2Chaos: Does the FBI Have a Waco-Like Plan for Black America?, 1999-Sep-26, from NewsMax, by Carl Limbacher et al. |
| NBC BLASTED FOR UPCOMING Y2K SCARE FILM, 1999-Sep-22, from the Drudge Report |
| Congress and the Clinton administration have amended the Posse Comitatus Act, 1999-Oct-15, from The Federalist Digest |
| Deadly Force and Individual Rights, 1999-Oct-15, from Insight Magazine, by Kelly Patricia O'Meara |
| The American police state, 1999-Sep-16, from WorldNetDaily, by Joseph Farah |
| `Fed' Up Police, 2000-Jun-10, from Insight Magazine, by Timothy W. Maier |
| Staff opposed Elián seizure: Backlash feared, INS e-mails reveal, 2001-Jan-24, from The Miami Herald, by Jay Weaver |
| When cops become combat troops, 2000-May-2, from Salon, by Bonnie Bucqueroux |
| "Don't Shoot!": A shocking glimpse of chaos and the LAPD, 2000-Aug-16, from Insight Magazine, by James Harder and Paul M. Rodriguez |
| The protesting class, 2000-Aug-3, from Scripps Howard News Service, by Jay Ambrose |
| War on protesters, 2000-Aug-14, from Salon, by Jesse Walker |
| Do not pass Go, 2000-Aug-8, from Salon, by Anthony York |
| Taking it from the streets, 2000-Aug-4, from Salon, by Anthony York |
| The Broken Blue Line: How to start a riot, 2000-Feb, from Reason, by Jesse Walker |
| Thoughts On Witnessing Three Days Of Hell In Seattle, ca. 1999-Dec-2, from the "Slick" E-news distribution |
| Collateral Damage in Seattle, 1999-Dec-2, from http://www.emperors-clothes.com, by Jim Desyllas |
| Wildlife SWAT Unit Runs Over Law, 2000-Jun-10, from Insight Magazine, by Kelly Patricia O'Meara |
| Panel sees danger ahead for America: Domestic threats seen likely to increase, 1999-Sep-23, from WorldNetDaily, by Jon E. Dougherty |
| Above the law?, 2000-May-1, from the Washington Times, by A.M. Rosenthal |
| INS Investigating Beating of Elian Camera Crew, 2000-May-24, from NewsMax, by Carl Limbacher and NewsMax.com Staff |
| Reno's raid needs a closer look, 2000-May-1, from the Chicago Sun-Times, by Robert Novak |
| `Clintonized' GOP heeds the polls, 2000-May-8, from the Chicago Sun-Times, by Robert Novak |
| Jackboot Reno Stomps NBC News Crew ...while the media snooze., 2000-Apr-29, from National Review, by Deroy Murdock |
| How the Elian Raid Went Down, 2000-Apr-23, from Fox News with AP and Reuters contributions |
| Photographer Captures Photo Of Agents Taking Elian, 2000-Apr-22, from the Associated Press, by Amanda Riddle |
| Raid's real message -- estrangement of government from people, 2000-Apr-30, from the Orlando Sentinel, by Charley Reese |
| The Waco Before Waco, 1999-Sep-22, from NewsMax by Richard Poe |
| GOVERNMENT TERRORISM: From Ruby Ridge To Waco And Beyond, 1999-Oct-4, from Etherzone, by Edward Zehr |
| Persecution, American-Style, 1999-Aug-31, from Reason, by Jacob Sullum |
| 'To still the drums of conspiracy', 1999-Sep-26, from The Libertarian, by Vin Suprynowicz |
| Bad judgment in Waco totally ignored, 2000-Jul-28, from the Houston Chronicle, by Paul Greenberg |
| Firing at shadows: the raid on Waco, 2000-Jun-22, from the Houston Chronicle |
| Lawyer Reveals Expert Witness Findings 2000-Apr-30, from NewsMax, by David Hardy |
| Report to Congress on Infrared Footage at Waco, 2000-May-1, from NewsMax |
| Military forces' role in Waco challenged, 1999-Sep-12, from the Fort Worth Star-Telegram, by Jennifer Autrey with Gabrielle Crist |
| Tapes show gunfire, Davidians' experts say; House analyst agrees; FBI has said agents didn't shoot during standoff, 1999-Oct-7, from the Dallas Morning News, by Lee Hancock |
| Critics call for inquiry of aircraft role in Davidian raid, 1999-Sep-26, from the Fort Worth Star-Telegram, by Jennifer Autrey with Jack Douglas Jr. and Michael D. Towle |
| Feds knew all along Davidians planned to destroy their compound, 1999-Oct-9, from Capitol Hill Blue, by Jim Burns |
| Siege tactics weighed by FBI detailed: Davidian files reveal plan to drug water, 1999-Oct-9, from The Dallas Morning News, by Lee Hancock and David Jackson |
| Media Played Dumb on Official Waco Dissent Three Years Ago, 1999-Sep-22, from NewsMax, by Carl Limbacher et al. |
| The military's new cowboys? Heightened concerns about Night Stalkers, Delta Force, 1999-Feb-25, from from WorldNetDaily, by David M. Bresnahan |
| Government plans for the worst in Y2K: Consultant cites preparations for martial law, 1999-Mar-4, by David M. Bresnahan |
| Navy SEALs invade Lowell in night training session, 1999-Mar-4, from the Lowell Sun, by John Wolfson |
| More questions for FBI: DPS official says Army force present at Waco siege, TPDL 1999-Aug-26, from The Dallas Morning News, by Lee Hancock |
| Stop terrifying small-town "invasions," Libertarians demand of U.S. military, 1999-Feb-19, from the Libertarian Party USA, by George Getz |
| What happened in Kingsville, Texas, Monday night?, 1999-Feb-10, from WorldNetDaily, by David M. Bresnahan |
| Is the Army invading Texas?, 1999-Feb-15, from WorldNetDaily, by David M. Bresnahan |
| Fear and loathing in Kingsville, Texas, 1999-Feb-15, from WorldNetDaily, by David M. Bresnahan |
| Training ammo claim disputed Military sources say: Army is lying about Kingsville raid, 1999-Feb-18, from WorldNetDaily, by David M. Bresnahan |
| Bush says maneuvers not his business, 1999-Feb-16, from WorldNetDaily, by David M. Bresnahan |
| Shroud of secrecy over urban war game, 1999-Feb-11, from WorldNetDaily, by David M. Bresnahan |
| Old courthouse stormed in mock rescue: Special Forces use guns, explosives in practice operation, 1999-Feb-18, from the Corpus Christi Caller-Times, by Novelda Sommers and James A. Suydam |
| (paramilitary tactics go domestic), ca. 1997-Jul-23 from the Washington Post |
| [comments and quotes regarding police paramilitarization], 1999-Jan-24, by "Runway Cat" <Runway_Cat@hotmail.com> |
| Bringing the War Home, 1975-Nov-28, from New Times, by Ron Ridenhour with Arthur Lubow |
| Non-Lethality: John B. Alexander, The Pentagon's Penguin, 1993-Jun, from Lobster Magazine, by Armen Victorian |
| Hartford police add less lethal weapons, 1999-Feb-22, from the Associated Press |
| Non-Lethality: John B. Alexander, The Pentagon's Penguin, from Lobster Magazine, by Armen Victorian |
| Rescue Agency Requests Refunds but Gets Rebukes, 2000-Jun-26, from Insight Magazine, by Sean Paige |
| 'Emergency' Funding Creates Windfall of Bonus Bucks, 1998-Nov-4, from the Washington Post, by Charles R. Babcock |
| The Eye of the Storm, 1998-Nov-23, from the Laissez Faire City Times, by J. Orlin Grabbe |
| Another Clinton `legacy', 1999-Oct-9, from the Pittsburgh Tribune-Review |
| Mind wars: "X-Files" gets it right; Post gets it wrong, 1998-Jun |
| Y2K and martial law, 1998-Dec-8, from WorldNetDaily, by Joseph Farah |
| The plan for massive military mobilization: National Guard exercises unprecedented since World War II set for May Y2K test, 1999-Jan-6, from WorldNetDaily, by David M. Bresnahan |
| National Guard changes plans: New name for Y2K mobilization exercises, 1999-Jan-22, from WorldNetDaily, by David M. Bresnahan |
| Does U.S. need anti-terror troops?: Pentagon, FEMA at odds over plans for Homeland Command, ca. 1999-Feb-1, from NBC News, by Robert Windrem |
| Clinton and the Y2K bug, 1998-July-17, from WorldNetDaily, by Joseph Farah |
| Clinton's re-election plans?: Bill to repeal 22nd Amendment introduced , 1999-Feb-1, from WorldNetDaily, by Jon E. Dougherty |
| Coming up short on Y2K, 1998-Oct-5, from Federal Computer Week, by Orlando De Bruce |
| Classified documents on nukes seen at risk, 1998-Jul-31, from The Washington Times, by Bill Gertz |
| The Martial Plan, 1998-Jun-4, from the Netly News, by Declan McCullagh |
| Boom, Boom, Out Go the Lights, 1998-May-13, from the Netly News, by Declan McCullagh |
from NewsMax, 2008-Dec-23, by Jim Meyers:
U.S. Military Preparing for Domestic Disturbances
A new report from the U.S. Army War College discusses the use of American troops to quell civil unrest brought about by a worsening economic crisis.
The report from the War College's Strategic Studies Institute warns that the U.S. military must prepare for a “violent, strategic dislocation inside the United States” that could be provoked by “unforeseen economic collapse” or “loss of functioning political and legal order.”
Entitled “Known Unknowns: Unconventional `Strategic Shocks' in Defense Strategy Development,” the report was produced by Nathan Freier, a recently retired Army lieutenant colonel who is a professor at the college — the Army's main training institute for prospective senior officers.
He writes: “To the extent events like this involve organized violence against local, state, and national authorities and exceed the capacity of the former two to restore public order and protect vulnerable populations, DoD [Department of Defense] would be required to fill the gap.”
Freier continues: “Widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order … An American government and defense establishment lulled into complacency by a long-secure domestic order would be forced to rapidly divest some or most external security commitments in order to address rapidly expanding human insecurity at home.”
International Monetary Fund Managing Director Dominique Strauss-Kahn warned last week of riots and unrest in global markets if the ongoing financial crisis is not addressed and lower-income households are beset with credit constraints and rising unemployment, the Phoenix Business Journal reported.
Sen. James Inhofe of Oklahoma and Rep. Brad Sherman of California disclosed that Treasury Secretary Henry Paulson discussed a worst-case scenario as he pushed the Wall Street bailout in September, and said that scenario might even require a declaration of martial law.
The Army College report states: “DoD might be forced by circumstances to put its broad resources at the disposal of civil authorities to contain and reverse violent threats to domestic tranquility. Under the most extreme circumstances, this might include use of military force against hostile groups inside the United States.
“Further, DoD would be, by necessity, an essential enabling hub for the continuity of political authority in a multi-state or nationwide civil conflict or disturbance.”
He concludes this section of the report by observing: “DoD is already challenged by stabilization abroad. Imagine the challenges associated with doing so on a massive scale at home."
As Newsmax reported earlier, the Defense Department has made plans to deploy 20,000 troops nationwide by 2011 to help state and local officials respond to emergencies.
The 130-year-old Posse Comitatus Act restricts the military's role in domestic law enforcement. But a 1994 Defense Department Directive allows military commanders to take emergency actions in domestic situations to save lives, prevent suffering or mitigate great property damage, according to the Business Journal.
And Gen. Tommy Franks, who led the U.S. military operations to liberate Iraq, said in a 2003 interview that if the U.S. is attacked with a weapon of mass destruction, the Constitution will likely be discarded in favor of a military form of government.
from the Daily Times Herald of Carroll Iowa, 2009-Feb-17, by Butch Heman:
Guardsmen to conduct urban training at Arcadia in April
The Carroll National Guard unit will train on urban military operations by holding a four-day exercise at Arcadia.
The purpose of the April 2-5 drill will be to gather intelligence, then search for and apprehend a suspected weapons dealer, according to Sgt. Mike Kots, readiness NCO for Alpha Company.
Citizens, law enforcement, media and other supporters will participate.
Troops will spend Thursday, April 2, staging at a forward operations base at Carroll. The next day company leaders will conduct reconnaissance and begin patrolling the streets of Arcadia to identify possible locations of the weapons dealer.
The primary phase will be done Saturday, April 4, when convoys will be deployed from Carroll to Arcadia. Pictures of the arms dealer will be shown in Arcadia, and soldiers will go door to door asking if residents have seen the suspect.
Soldiers will knock only at households that have agreed to participate in the drill, Kots noted.
"Once credible intelligence has been gathered," said Kots, "portions of the town will be road-blocked and more in-depth searches of homes and vehicles will be conducted in accordance with the residents' wishes.
"One of the techniques we use in today's political environment is cordon and knock," Kots explained. "We ask for the head of the household, get permission to search, then have them open doors and cupboards. The homeowner maintains control. We peer over their shoulder, and the soldier uses the homeowner's body language and position to protect him."
During this phase of the operation, troops will interact with residents and media while implementing crowd-control measures and possibly treating and evacuating injured persons.
The unit will use a Blackhawk helicopter for overhead command and control, and to simulate medevacs.
The drill will culminate in the apprehension of the suspected arms dealer.
Alpha Company will conduct a review of the drill on Sunday, April 5.
A meeting to give residents more information and accept volunteers will be held 7 p.m. Monday, March 2, in the Arcadia American Legion hall.
Kots said the exercise will replace Alpha Company's weekend drill for April.
"We have a lot of extended drills this coming year," he added.
In addition to surveillance, searching and apprehension, the exercise will also give the troops valuable experience in stability, support, patrol, traffic control, vehicle searches and other skills needed for deployment in an urban environment.
"This exercise will improve the real-life operational skills of the unit," said Kots. "And it will hopefully improve the public's understanding of military operations."
The pre-drill work with residents is as important at the drill itself.
"It will be important for us to gain the trust and confidence of the residents of Arcadia," said Kots. "We will need to identify individuals that are willing to assist us in training by allowing us to search their homes and vehicles and to participate in role-playing."
"We really want to get as much information out there as possible, because this operation could be pretty intrusive to the people of Arcadia."
from the Examiner, 2008-Nov-6, by J.D. Tuccille, Civil Liberties Examiner:
Obama's chief of staff choice favors compulsory universal service
Rep. Rahm Emanuel of Illinois, President-Elect Barack Obama's choice for chief of staff in his incoming administration, is co-author of a book, The Plan: Big Ideas for America, that calls for, among other things, compulsory service for all Americans ages 18 to 25. The following excerpt is from pages 61-62 of the 2006 book:
It's time for a real Patriot Act that brings out the patriot in all of us. We propose universal civilian service for every young American. Under this plan, All Americans between the ages of eighteen and twenty-five will be asked to serve their country by going through three months of basic training, civil defense preparation and community service. ...
Here's how it would work. Young people will know that between the ages of eighteen and twenty-five, the nation will enlist them for three months of civilian service. They'll be asked to report for three months of basic civil defense training in their state or community, where they will learn what to do in the event of biochemical, nuclear or conventional attack; how to assist others in an evacuation; how to respond when a levee breaks or we're hit by a natural disaster. These young people will be available to address their communities' most pressing needs.
Emanuel and co-author Bruce Reed insist "this is not a draft," but go on to write of young men and women, "the nation will enlist them for three months of civilian service." They also warn, "[s]ome Republicans will squeal about individual freedom," ruling out any likelihood that they would let people opt out of universal citizen service.
As chief of staff, Emanuel will not be in a position to directly introduce public policy, but his enthusiasm for compulsory service, combined with Barack Obama's own plan to require high school students to perform 50 hours of government-approved service, suggest an unfortunate direction for the new administration.
from Popular Mechanics, 2006-Nov-28, by Glenn Harlan Reynolds:
SWAT Overkill: The Danger of a Paramilitary Police Force
In a guest editorial, law professor and instapundit.com blogger Glenn Reynolds argues that overagressive tactics and surplus military gear have turned some police units into a dangerous menace.
SOLDIERS AND POLICE are supposed to be different. Soldiers are aimed at enemies from outside the country. They are trained to kill those enemies, and their supporters. In fact, “killing people and breaking things” are their main reasons for existence.
Police look inward. They're supposed to protect their fellow citizens from criminals, and to maintain order with a minimum of force.
It's the difference between Audie Murphy and Andy Griffith. But nowadays, police are looking, and acting, more like soldiers than cops, with bad consequences. And those who suffer the consequences are usually innocent civilians. The trend toward militarizing police began in the '60s and '70s when standoffs with the Black Panthers, the Symbionese Liberation Army, and the University of Texas bell tower gunman Charles Whitman convinced many police departments that they needed more than .38 specials to deal with unusual, high-intensity threats. In 1965 Los Angeles inspector Daryl Gates, who later became police chief, signed off on the formation of a specially trained and equipped unit that he wanted to call the Special Weapons Attack Team. (The name was changed to the more palatable Special Weapons and Tactics). SWAT programs soon expanded beyond big cities with gang problems.
Abetting this trend was the federal government's willingness to make surplus military equipment available to police and sheriffs' departments. All sorts of hardware is available, from M-16s to body armor to armored personnel carriers and even helicopters. Lots of police departments grabbed the gear and started SWAT teams, even if they had no real need for them. The materiel was free, and it was fun. I don't blame the police. Heck, if somebody gave me a Bradley Fighting Vehicle to play with, I'd probably start a SWAT team, too—so long as I didn't have to foot the maintenance bill.
Thus, the sheriff's department in landlocked Boone County, Ind., has an amphibious armored personnel carrier. (According to that county's sheriff-elect, the vehicle has been used to deliver prescriptions to snow-bound elderly residents, and to provide protection during a suspected hostage situation.) Jasper, Fla.,—with 2000 inhabitants and two murders in the past 12 years—obtained seven M-16s from the federal government, leading an area newspaper to run a story with the subhead, “Three stoplights, seven M-16s.”
This approach, though, has led to problems both obvious and subtle. The obvious problem should be especially apparent to readers of this magazine: Once you've got a cool tool, you kind of want to use it. That's true whether it's a pneumatic drill, a laser level or an armored fighting vehicle. SWAT teams, designed to deal with rare events, wound up doing routine police work, like serving drug warrants.
The subtle effect is also real: Dress like a soldier and you think you're at war. And, in wartime, civil liberties—or possible innocence—of the people on “the other side” don't come up much. But the police aren't at war with the citizens they serve, or at least they're not supposed to be.
The combination of these two factors has led to some tragic mistakes: “no knock” drug raids, involving “dynamic entry,” where the wrong house has been targeted or where the raid was based on informants' tips that turned out to be just plain wrong.
On Sept. 23, 2006, a SWAT team descended on the home of a farmer and his schoolteacher wife in Bedford County, Va. “I was held at gunpoint, searched, taunted and led into the house,” A.J. Nuckols wrote to his local paper. “I was scared beyond description. I feared there had been a murder and I was a suspect.” When the couple's three children came home, the police grilled them, too. The family was held under guard for five hours as the SWAT team ransacked the place, seizing computers, a digital camera, DVDs and VHS tapes. Ten days later, the cops returned the belongings. It turned out that a special anti-child-porn police unit had made a mistake while tracing an computer address and sent the SWAT team to the wrong home.
Sometimes, homeowners are killed in these actions; other times, it's the officers. When a narcotics task force raided a duplex apartment in Jefferson Davis County, Miss., in 2001, they arrested one tenant, then burst into the adjacent apartment of Cory Maye. Thinking a burglar had broken into the bedroom he shared with his toddler daughter. Maye shot the officer fatally. Maye was convicted of murder and sentenced to death. However, his sentencing was overturned, and a motion for a new trial is still pending.
And, in a case that is now drawing national attention, 92-year-old Kathryn Johnston, who lived in a high-crime neighborhood of Atlanta, recently opened fire on police when they broke down her door while executing a drug warrant. They returned fire, killing her. It's hard to believe any of this would have happened had the police taken a less aggressive approach in the first place.
It used to be that police came to the door, announced themselves and, once a homeowner responded, entered the premises. Most policemen still work this way. But an alarming number now break down doors first and ask questions later. Don't get me wrong: Police often do dangerous work and they need equipment that's going to protect them. And dynamic entry is valid when dealing with desperate criminals, but these tactics put ordinary citizens—and the police—at risk. And when they do, it's often hard to get redress. Lawsuits against police and supervisors face strict legal limits in the form of “qualified immunity,” and prosecutors, who work with the police on a regular basis, are unlikely to bring criminal charges against officers who negligently kill people. But homeowners confronted with tactics like flash-bang grenades and shouting that are intended to disorient targets, tend to be held to a much higher standard. The result, as in the Cory Maye case, is that people who do the laudable thing and defend their homes against unknown, armed intruders sometimes wind up being prosecuted for murder.
I discussed the issue with political commentator Radley Balko, who wrote a troubling report titled “Overkill: The Rise of Paramilitary Police Raids in America.” Balko said that the problem is more common than people realize. He suggests that accountability and transparency are what we need. I agree. Police raids should be videotaped, in an archival format that discourages tampering. And I think we need legal reform, too. Police who raid the wrong house, or who fail to give homeowners adequate warning except in truly life-or-death situations, shouldn't benefit from official immunity.
Our homes are supposed to be our castles. The police shouldn't treat them like enemy camps.
from Fox News, 2006-Feb-15, by Radley Balko:
Railroaded Onto Death Row?
On Dec. 26, 2001, police in the small town of Prentiss, Miss., executed a marijuana search warrant on a small duplex.
On one side of the duplex lived Jamie Wilson, described in the search warrant and police affidavit as a "known drug dealer." When police pounded on her door, Wilson answered and surrendered. That, of course, is what you'd expect a small-time marijuana dealer to do.
On the other side of the duplex, 20-year-old Cory Maye had fallen asleep in an easy chair. His 18-month-old daughter lay asleep in the next room. Maye had only recently moved out of his parents' home. He had moved in with his girlfriend, because, he says, he wanted to be a father to his daughter. Maye was uncomfortable in his new home, and had expressed concerns to his mother about the seedy neighborhood surrounding it. Still, he promised to stick it out until after the holidays.
Late that night, Maye said he awoke to a furious pounding on his front door. According to his court testimony, he became frightened for his safety, and for the safety of his daughter. He ran back to the bedroom, where his daughter was asleep on the bed. He retrieved the gun he had for home protection, loaded it, chambered a round, and lay down on the floor next to her, hoping the noises and/or intruders outside would subside.
They didn't. Soon enough, Maye says, the door to Maye's bedroom flew open, and a figure entered from the outside. Scared, Maye fired his gun three times.
The figure was police officer Ron Jones, and one of Maye's bullets struck Jones in the abdomen, killing him. Worse for Maye, Jones also happened to be the son of the town's police chief.
The above is Cory Maye's version of events. As you might guess, the police offered a different account of the raid. They say they repeatedly announced they were police, and asked Maye to open up. They say an anonymous informant had told the investigating officer that there was a "large stash" of marijuana in the apartment Cory Maye shared with his girlfriend. And they say Cory Maye knew that Ron Jones was a police officer when he shot him.
A Mississippi jury believed the police. Last year, Cory Maye was found guilty of capital murder, or the intentional killing of a police officer. The same afternoon, he was sentenced to death. And today he sits on Mississippi's death row.
That Cory Maye is even in prison is an appalling failure of Mississippi's criminal justice system. Police had no reason to be in his home that night, much less to break down his door. His case is just the latest in a series of tragic consequences resulting from the overuse of paramilitary tactics when police serve drug warrants.
But it's the details of Cory Maye's case that make it particularly compelling:
Cory Maye had no prior criminal record. He had no history of violence. Police found one gram of ashen marijuana in Maye's apartment (that's about a sixth of a teabag's worth). There was no "large stash," and Cory Maye was no drug dealer. In fact, Maye's name appeared nowhere on the search warrant, only his address and the phrase "persons unknown."
Then there's the matter of the informant. We'll never know who that informant was, nor will we ever know what kind of corroborating investigation was done before securing the warrant. That's because the entire investigation leading up to the raid was conducted by the same Officer Ron Jones who was killed in the raid.
According to District Attorney Buddy McDonald, Jones kept no notes or documentation of his investigation of the Wilson-Maye duplex; and any investigation he may have done, in the words of McDonald, "died with Officer Jones."
Cory Maye may well have been a recreational pot smoker. But then, possession of a misdemeanor amount of pot doesn't justify an armed home invasion. Cory Maye may also have fired his gun too quickly. But what would you have done? You have no criminal record. You aren't a dangerous person. You have no reason to think police would break into your home in the middle of the night. You awake to find that your home is under attack. The door flies open. Do you wait to see who it is? Or do you defend your family?
Don't think it can't happen. There are dozens of examples of late night "no-knock" drug raids executed on the wrong home, or on people guilty of, at worst, misdemeanor offenses. Any gun owner willing to defend his family from intruders could well be in the same position Cory Maye was in four years ago.
At the very worst, Maye is guilty of recklessness. It's horrifying to think he could be executed for an error in judgment, an error compounded by volatile circumstances, a frightening assault, and high-stakes drama, none of which were of his making.
But it gets worse. For the last 10 years, Bob Evans has been public defender for the town of Prentiss. Late last year, Evans says he was warned by town officials not to represent Cory Maye in his appeal. Evans ignored the threats, and gave Maye representation. In January of this year, Prentiss made good on its promise, and fired Evans.
According to Evans, Prentiss Mayor Charlie Dumas told him point blank that he was terminated for representing Cory Maye. In a phone interview, Mayor Dumas confirmed having a conversation with Evans, but declined to go into specifics. Calls to the town's aldermen weren't returned, or were answered with "no comment."
If Evans version of events are true, the firing of Evans stinks. It's the kind of thing public officials do when they have something to hide. And it only adds to the already obvious notion that the town of Prentiss doesn't much care about giving Cory Maye a fair shake at justice.
Cory Maye should unite both liberal death penalty foes and conservative gun rights advocates. If Tookie Wilson's execution bothered you, Maye's should terrify you. And if you're troubled by Waco, you should be outraged by Prentiss.
I think Maye deserves an apology. He certainly doesn't deserve death.
Radley Balko is a policy analyst for the Cato Institute specializing in "nanny state" and consumer choice issues, including alcohol and tobacco control, drug prohibition, obesity, and civil liberties. Separately, he maintains the The Agitator weblog. The opinions expressed in his column for FOXNews.com are his own and are not to be associated with Cato unless otherwise indicated.
from the Los Angeles Times, 2004-Apr-26, by Robert McNamara and Helen Caldicott:
Still on Catastrophe's Edge
In a flash, U.S. and Russia could hurl thousands of missiles at each otherRobert McNamara was secretary of Defense for presidents Kennedy and Johnson. Helen Caldicott is a pediatrician and president of the Nuclear Policy Research Institute.
As we continue to grapple with the United States' vulnerability to terrorist attack, we fail to recognize the most serious danger, one that is overlooked by politicians and emergency management agencies alike. Thousands of Russian nuclear warheads are targeted on the U.S.
How can this be, after the end of the Cold War nearly 15 years ago? Unfortunately, the targeting strategy of Russia and the United States has changed little, despite a profound change in relations between these two nations.
Most people believe that the threat of nuclear attack ? whether by accident, human fallibility or malfeasance ? has disappeared. Yet a January 2002 document from the U.S. Foreign Military Studies Office, titled "Prototypes for Targeting America, a Soviet Military Assessment," states that New York City, for example, is the single most important target in the Atlantic region after major military installations.
A U.S. Office of Technology Assessment report, commissioned in the 1980s, is still relevant. It estimated that Soviet nuclear war plans had two one-megaton bombs aimed at each of three airports that serve New York, one aimed at each of the major bridges, two at Wall Street and two at each of four oil refineries. The major rail centers and power stations were also targeted, along with the port facilities.
It's also instructive that a recent Federal Emergency Management Agency report on nuclear-attack preparedness contains a map that depicts New York City obliterated by nuclear blasts and the resulting firestorms and fallout. Millions of people would die instantly. Survivors would perish shortly thereafter from burns and exposure to radiation.
And New York would not be the only devastated city. According to a report on nuclear war planning by the National Resources Defense Council, Russia aims most of its 8,200 nuclear warheads at the U.S., and the U.S. maintains 7,000 offensive strategic warheads in its arsenal, most of which are targeted on Russian missile silos and command centers. Each of these warheads has roughly 20 times the destructive power of the bomb dropped on Hiroshima.
Of the 7,000 U.S. nuclear warheads, 2,500 are maintained on hair-trigger alert, ready for launching. In order to effectively retaliate, the commander of the Strategic Air Command has only three minutes to decide if a nuclear attack warning is valid. He has 10 minutes to find the president for a 30-second briefing on attack options. And the president has three minutes to decide whether to launch the warheads and at which targets, according to the Center for Defense Information. Once launched, the missiles would reach their Russian targets in 15 to 30 minutes.
A nearly identical situation prevails in Russia, except there the early warning system is decaying rapidly. As always, the early warning systems of both countries register alarms daily, triggered by wildfires, satellite launchings and solar reflections off clouds or oceans. A more immediate concern is the difficulty of guaranteeing protection of computerized early warning systems and command centers against terrorists or hackers.
The two nuclear superpowers still own 96% of the global nuclear arsenal of 30,000 nuclear weapons. It is clear that their nuclear planning and ongoing targeting are the major threats to national security.
The Senate and House armed services committees and foreign relations committees must address these ongoing and unresolved threats to the people of the U.S. and, indeed, the planet.
Russia and the U.S. are now self- described allies in their fight against global terrorism. Their first duty in this effort should be immediate and rapid bilateral nuclear disarmament, accompanied by the other six nuclear nations (France, Britain, China, India, Pakistan and Israel), along with U.N. Security Council action to ensure that no other nations ? particularly Iran and North Korea ? acquire nuclear weapons.
According to Mohamed ElBaradei, director of the International Atomic Energy Agency, a clear road map for nuclear disarmament should be established. Time is not on our side.
from the Wall Street Journal via OpinionJournal.com, 2005-Oct-31, by Richard Miniter:
Baggage Claim
The myth of "suitcase nukes.""It is the duty of Muslims to prepare as much force as possible to terrorize the enemies of God."
--Osama bin Laden, May 1998"Bin Laden's final act could be a nuclear attack on America."
--Graham Allison, Washington Post"One hundred suitcase-size nuclear bombs were lost by Russia."
--Gerald Celente, "professional futurist," Boston Globe
Like everyone else rushing off the Washington subway one rush-hour morning, Ibrahim carried a small leather briefcase. No one paid him or his case much mind, except for the intern in the new Brooks Brothers suit who pushed past him on the escalator and banged his shin. "What do you have in there? Rocks?"
Ibrahim's training had taught him to ignore all provocations. You will see, he thought.
The escalator carried him up and out into the strong September sunlight. It was, as countless commentators would later say, a perfect day. As he walked from the Capitol South metro stop, he saw the Republican National Committee headquarters to his right. Two congressional office buildings loomed in front of him. Between the five-story structures, the U.S. Capitol dome winked in the sun. It was walled off in a mini-Green Zone of jersey barriers and armed police. He wouldn't trouble them. He was close enough.
He put the heavy case down on the sidewalk and pressed a sequence of buttons on what looked like standard attaché-case locks. It would be just a matter of seconds. When he thought he had waited long enough, he shouted in Arabic: "God is great!" He was too soon. Some passersby stared at him. Two-tenths of a second later, a nuclear explosion erased the entire scene. Birds were incinerated midflight. Nearly 100,000 people--lawmakers, judges, tourists--became superheated dust. Only raindrop-sized dollops of metal--their dental fillings--remained as proof of their existence. In tenths of a second--less time than the blink of a human eye--the 10-kiloton blast wave pushed down the Capitol (toppling the Indian statute known as "Freedom" at the dome's top), punched through the pillars of the U.S. Supreme Court, smashed down the three palatial Library of Congress buildings, and flattened the House and Senate office buildings.
The blast wave raced outward, decapitating the Washington Monument, incinerating the Smithsonian and its treasures, and reducing to rubble the White House and every office tower north to Dupont Circle and south to the Anacostia River. The secondary, or overpressure, wave jumped over the Potomac, spreading unstoppable fires to the Pentagon and Arlington, Va. Planes bound for Reagan and Dulles airports tumbled from the sky.
Tens of thousands were killed instantly. By nightfall, another 250,000 people were dying in overcrowded hospitals and impromptu emergency rooms set up in high school gymnasiums. Radiation poisoning would kill tens of thousands more in the decades to come. America's political, diplomatic and military leadership was simply wiped away. As the highest-ranking survivor, the agriculture secretary took charge. He moved the capital to Cheyenne, Wyo.
That is the nightmare--or one version, anyway--of the nuclear suitcase. In the aftermath of the September 11 attacks, this nuclear nightmare did not seem so fanciful.
A month after September 11, senior Bush administration officials were told that an al Qaeda terrorist cell had control of a 10-kiloton atomic bomb from Russia and was plotting to detonate it in New York City. CIA director George Tenet told President Bush that the source, code-named "Dragonfire," had said the nuclear device was already on American soil. After anxious weeks of investigation, including surreptitious tests for radioactive material in New York and other major cities, Dragonfire's report was found to be false. New York's mayor and police chief would not learn of the threat for another year.
The specter of the nuclear suitcase bomb is particularly potent because it fuses two kinds of terror: the horrible images of Hiroshima and the suicide bomber, the unseen shark amid the swimmers. The fear of a suitcase nuke, like the bomb itself, packs a powerful punch in a small package. It also has a sense of inevitability. A December 2001 article in the Boston Globe speculated that terrorists would explode suitcase nukes in Chicago, Sydney and Jerusalem . . . in 2004.
Every version of the nuclear suitcase bomb scare relies on one or more strands of evidence, two from different Russians and one from a former assistant secretary of defense. The scare started, in its current form, with Russian general Alexander Lebed, who told a U.S. congressional delegation visiting Moscow in 1997--and, later that year, CBS's series "60 Minutes"--that a number of Soviet-era nuclear suitcase bombs were missing.
It was amplified when Stanislav Lunev, the highest-ranking Soviet military intelligence officer ever to defect to the United States, told a congressional panel that same year that Soviet special forces might have smuggled a number of portable nuclear bombs onto the U.S. mainland to be detonated if the Cold War ever got hot. The scare grew when Graham Allison, a Harvard professor who served as an assistant secretary of defense under President Clinton, wrote a book called "Nuclear Terrorism: The Ultimate Preventable Catastrophe." In that slim volume, Mr. Allison worries about stolen warheads, self-made bombs and suitcase nukes. Published in 2004, the work has been widely cited by the press and across the blogosphere.
Let's walk back the cat, as they say in intelligence circles. The foundation of all main nuclear suitcase stories is a string of interviews given by Gen. Lebed in 1997. Lebed told a visiting congressional delegation in June 1997 that the Kremlin was concerned that its arsenal of 100 suitcase-size nuclear bombs would find their way to Chechen rebels or other Islamic terrorists. He said that he had tried to account for all 100 but could find only 48. That meant 52 were missing. He said the bombs would fit "in a 60-by-40-by-20 centimeter case"--in inches, roughly 24-by-16-by-8--and would be "an ideal weapon for nuclear terror. The warhead is activated by one person and easy to transport." It would later emerge that none of these statements were true.
Later that year, the Russian general sat down with Steve Kroft of "60 Minutes." The exchange could hardly have been more alarming.
Kroft: Are you confident that all of these weapons are secure and accounted for?
Lebed: (through a translator) Not at all. Not at all.
Kroft: How easy would it be to steal one?
Lebed: It's suitcase-sized.
Kroft: You could put it in a suitcase and carry it off?
Lebed: It is made in the form of a suitcase. It is a suitcase, actually. You can carry it. You can put it into another suitcase if you want to.
Kroft: But it's already in a suitcase.
Lebed: Yes.
Kroft: I could walk down the streets of Moscow or Washington or New York, and people would think I'm carrying a suitcase?
Lebed: Yes, indeed.
Kroft: How easy is it to detonate?
Lebed: It would take twenty, thirty minutes to prepare.
Kroft: But you don't need secret codes from the Kremlin or anything like that.
Lebed: No.
Kroft: You are saying that there are a significant number that are missing and unaccounted for?
Lebed: Yes, there is. More than one hundred.
Kroft: Where are they?
Lebed: Somewhere in Georgia, somewhere in Ukraine, somewhere in the Baltic countries. Perhaps some of them are even outside those countries. One person is capable of actuating this nuclear weapon--one person.
Kroft: So you're saying these weapons are no longer under the control of the Russian military.
Lebed: I'm saying that more than one hundred weapons out of the supposed number of 250 are not under the control of the armed forces of Russia. I don't know their location. I don't know whether they have been destroyed or whether they are stored or whether they've been sold or stolen. I don't know.
Nearly everything Lebed told visiting congressmen and "60 Minutes" was later contradicted, sometimes by Lebed himself. In subsequent news accounts, he said 41 bombs were missing, at other times he pegged the number at 52 or 62, 84 or even 100. When asked about this disparity, he told the Washington Post that he "did not have time to find out how many such weapons there were." If this sounds breezy or cavalier, that is because it is.
Indeed, Lebed never seemed to have made a serious investigation at all. A Russian official later pointed out that Lebed never visited the facility that houses all of Russia's nuclear weapons or met with its staff. And Lebed--who died in a plane crash in 2002--had a history of telling tall tales.
As for the small size of the weapons and the notion that they can be detonated by one person, those claims also been authoritatively dismissed. The only U.S. government official to publicly admit seeing a suitcase-sized nuclear device is Rose Gottemoeller. As a Defense Department official, she visited Russia and Ukraine to monitor compliance with disarmament treaties in the early 1990s. The Soviet-era weapon "actually required three footlockers and a team of several people to detonate," she said. "It was not something you could toss in your shoulder bag and carry on a plane or bus"
Lebed's onetime deputy, Vladimir Denisov, said he headed a special investigation in July 1996--almost a year before Lebed made his charges--and found that no army field units had portable nuclear weapons of any kind. All portable nuclear devices--which are much bigger than a suitcase--were stored at a central facility under heavy guard. Lt. Gen. Igor Valynkin, chief of the Russian Defense Ministry's 12th Main Directorate, which oversees all nuclear weapons, denied that any weapons were missing. "Nuclear suitcases . . . were never produced and are not produced," he said. While he acknowledged that they were technically possible to make, he said the weapon would have "a lifespan of only several months" and would therefore be too costly to maintain.
Gen. Valynkin is referring to the fact that radioactive weapons require a lot of shielding. To fit the radioactive material and the appropriate shielding into a suitcase would mean that a very small amount of material would have to be used. Radioactive material decays at a steady, certain rate, expressed as "half-life," or the length of time it takes for half of the material to decay into harmless elements. The half-life of the most likely materials in the infinitesimal weights necessary to fit in a suitcase is a few months. So as a matter of physics and engineering, the nuclear suitcase is an impractical weapon. It would have to be rebuilt with new radioactive elements every few months.
Gen. Valynkin's answer was later expanded by Viktor Yesin, former chief of staff of Russia's Strategic Missile Forces. Mr. Yesin was asked by Alexander Golts, a reporter at the Russian newspaper Ezhenedelny Zhurnal: "The nuclear suitcases--are they myth or reality?"
Let's start by noting that "nuclear suitcase" is a term coined by journalists. Journalistic parlance, if you wish. The matter concerns special compact nuclear devices of knapsack type. Igor Valynkin, commander of the 12th Main Directorate of the Defense Ministry responsible for nuclear ordnance storage, was absolutely honest when he was saying in an interview with Nezavisimaya Gazeta in 1997 that "there have never been any nuclear suitcases, grips, handbags or other carryalls."
As for special compact nuclear devices, the Americans were the first to assemble them. They were called Special Atomic Demolition Munitions (SADM). As of 1964, the U.S. Army and Marine Corps had two models of SADM at their disposal--M-129 and M-159. Each SADM measured 87 x 65 x 67 centimeters [34 by 26 by 26 inches]. A container with the backpack weighed 70 kilograms [154 pounds]. There were about 300 SADMs in all. The foreign media reported that all these devices were dismantled and disposed of within the framework of the unilateral disarmament initiatives declared by the first President Bush in late 1991 and early 1992.
The Soviet Union initiated production of special compact nuclear devices in 1967. These munitions were called special mines. There were fewer models of them in the Soviet Union than in the United States. All of these munitions were to be dismantled before 2000 in accordance with the Russian and American commitments concerning reduction of tactical nuclear weapons dated 1991. [When the Soviet Union collapsed, Boris Yeltsin reiterated the commitment in January 1992.] Foreign Minister Igor Ivanov said at the conference on the Nuclear Weapons Nonproliferation Treaty in April 2000 that Russia had practically completed dismantling "nuclear mines." It means that Russia kept the promise Yeltsin once made to the international community.
Mr. Yesin added that all "portable" nuclear weapons were strictly controlled by the KGB in the Soviet era and were held in a single facility on Russian soil, where they were regularly counted before they were dismantled. The special mines that the press calls "nuclear suitcases" are no more. American officials, including Ms. Gottemoeller, insist that there is no evidence that any are missing, stolen or sold. American experts charged with monitoring the destruction of these weapons have repeatedly testified to Congress that no special mines are unaccounted for.
What about the Russian army units trained to use the special mines? Is it possible that a few such weapons remain in their hands? According to Mr. Yesin, "they always used simulators and dummy weapons. Needless to say, the latter looked like the real thing--the same size and weight, the same control panel. Instead of nuclear materials, however, they contained sand."
Despite Lebed's many changing accounts, his reputation for exaggeration, and the denial of nearly every Russian official with knowledge of Russian nuclear weapons, his tale lives on in breathless newspaper articles and Web posts. Perhaps the most amusing was an article in London's Sunday Express claiming that al Qaeda bought twenty "nuclear suitcases for 25 million pounds" (roughly $45 million) from "Boris" and "Alexy." What, not Natasha?
Still, Graham Allison puts his faith in Lebed's story. How does Mr. Allison account for the high-level rebuttals? He makes two brief arguments. "Moscow's assurance that 'all nuclear weapons are accounted for' is wishful thinking, since at least four nuclear submarines with nuclear warheads sank and were never recovered by the Soviet Union." (One was recovered by the U.S. in 1974.) This is true, but beside the point; the subs were carrying nuclear missiles, not nuclear suitcases.
Mr. Allison's more pointed rebuttal is this:
The Russian government reacted to Lebed's claim in classic Soviet style, combing wholesale denial with efforts to discredit the messenger. In the days and months that followed, official government spokesmen claimed that (1) no such weapons ever existed; (2) any weapons of this sort had been destroyed; (3) all Russian weapons were secure and properly accounted for; and (4) it was inconceivable that the Russian government could lose a nuclear weapon. Assertions to the contrary, or even questions about the matter, were dismissed as anti-Russian propaganda or efforts at personal aggrandizement.
Mr. Allison is unfairly summarizing the official Russian view. There is no contradiction between points (1) and (2) because (1) refers to suitcase nukes, a journalist term for a weapon that never existed. The portable nuclear devices--the special mines that filled three footlockers and weighed hundreds of pounds--were destroyed as required by U.S.--Russia treaties.
We don't have to take Russia's word for this; the disposal and destruction of these weapons were supervised by expert American officials like Ms. Gottemoeller. So point (2) checks out. As for points (3) and (4), Russia's claims have been independently verified by U.S. officials. If Mr. Allison has specific evidence of misplaced nuclear suitcases, he doesn't provide it in either the hardcover or paperback edition of his book or in his speeches to the Council on Foreign Relations or elsewhere.
What about the testimony of Soviet defector Stanislav Lunev? Certainly his tale is cloaked in high drama. Mr. Lunev entered the congressional hearing room in a black ski mask and testified behind a tall screen. He described a portable nuclear device that was "the size of a golf-club bag" and testified that "one of my main directives was to find drop sites for mass destruction weapons" that would be smuggled into the U.S. using drug routes and detonated by special teams. Mr. Lunev did not testify that he saw those weapons, only that, as a TASS reporter working in Washington (his cover as a military intelligence officer), his job was to scout for "drop sites."
I tracked Mr. Lunev down in suburban Maryland, where he is battling lymphatic cancer. Over the phone, he sounds like a bear of a man, with a charming Russian accent. He calls me "Riche," as in "Riche, you must switch off all recording devices." When I say I have no such devices, only a bad line, he agrees to call back. When he does, I ask him if he has ever seen a portable nuclear device. "No," he says.
Then he asks if I have ever heard of Albuquerque, N.M. There is a museum there, he explains, that displays America's portable nuclear device, the SADM. "The Soviet model probably looks similar," he says, adding that he is not an expert in such things.
Finally, there is Graham Allison's book. It is a serious and valuable work, with many practical suggestions for arresting the spread of nuclear technology. Still, Mr. Allison's concerns about a nuclear suitcase-sized device rest on three shaky pillars: that Lebed was right about the missing suitcase nukes, that Stanislev Lunev's account is persuasive, and that Russian nuclear security is lax.
As we have seen, Lebed's changing story is highly questionable, and the nuclear mines have long since been dismantled. Mr. Allison himself concedes that nuclear suitcases might not be operative. Speaking at a Council on Foreign Relations conference in September 2004, Mr. Allison said that the weapons Lebed referred to are now at least seven years old and that "many of these would be beyond warranty," requiring extensive refurbishing to function at full power.
Allison does not refer to Mr. Lunev by name, possibly because he does not know it. Mr. Lunev is not named in his congressional testimony and discovering his identity requires a bit of sleuthing. Mr. Allison does not cite Mr. Lunev's book or even acknowledge talking to him. (Mr. Lunev, a friendly and direct fellow, has never heard of Mr. Allison.)
As for Mr. Allison's contention that the Russians do not keep their nuclear weapons as secure as we do, he is quite right. But the Russians probably do well enough. Allison cites a number of cases in which nuclear material--though not bombs--was stolen from Russian reactors. Yet in each of the cases he cites, the thieves were caught before they could transfer the material. And the small amounts stolen could not have been, even if combined, converted into a single bomb. And there is no evidence that any of the Soviet Union's "special mines" have gone missing.
No one seriously doubts Osama bin Laden's intense desire for nuclear weapons, suitcase-size or otherwise. Michael Scheuer, the former head of the CIA's bin Laden station (and an outspoken critic of the Bush administration's conduct of the war on terror), said that the CIA was aware of "the careful, professional manner in which al Qaeda was seeking to acquire nuclear weapons" since 1996. There is a plethora of human and documentary intelligence to support Mr. Scheuer's conclusion. Perhaps the most chilling is a fatwa that bin Laden asked for and received from Shaykh Nasir bin Hamid al-Fahd in May 2003. It was called "A Treatise on the Legal Status of Using Weapons of Mass Destruction Against Infidels." The Saudi cleric concludes: "If a bomb that killed 10 million of them and burned as much of their land as they have burned Muslims' land were dropped on them, it would be permissible."
Fatwas are not enough. There are only three ways for al Qaeda to realize its atomic dreams: buy nuclear weapons, steal them or make them. Each approach is virtually impossible. Buying the bomb has not worked out well for al Qaeda. The terror organization has tried and, according to detainees, been scammed repeatedly. In Sudan's decrepit capital of Khartoum, an al Qaeda operative paid $1.5 million for a three-foot-long metal canister with South African markings. Allegedly it was uranium from South Africa's recently decommissioned nuclear program. According to Jamal al-Fadl, an al Qaeda leader later detained by U.S. forces, bin Laden ordered that it be tested in a safe house in Cyprus. It was indeed radioactive, but not of sufficient quality to be weapons-grade. One American intelligence analyst said that he believed the material was taken from the innards of an X-ray machine. It is not clear what it actually was, but the canister was ultimately discarded by al Qaeda.
Al Qaeda's next attempt to buy bomb-making material involved Mamduh Mahmud Salim, a nuclear engineer. He was captured in Germany in 1998, before he could obtain any nuclear material. In a third case, al Qaeda paid the Islamic Army of Uzbekistan for some radioactive material. It turned out that the uranium al Qaeda received was not sufficiently enriched to create an atomic blast, though it could be used in a "dirty bomb."
For what it is worth, there are actually no documented cases of the Russian Mafia or Russian officials selling nuclear weapons or material. Given that Russian gangsters have sold everything from small arms to aircraft carriers, this might seem surprising. Michael Crowley and Eric Adams, writing in Popular Science magazine, theorize that Russian security forces may be less tempted by money than is commonly assumed or that Russian mobsters find other illicit material more profitable than nuclear material. Whatever the reason, there is simply no known case of the Russian mob selling nuclear devices or parts to anyone, let alone to al Qaeda.
What about theft? Stealing a bomb--or its component parts--is far more difficult than it sounds. The International Atomic Energy Agency maintains a detailed database of thefts of highly enriched uranium, the kind needed to make an atomic bomb. There have been 10 known cases of highly enriched uranium theft between 1994 and 2004. Each amounted to "a few grams or less." The total loss is less than eight grams, and even these eight grams, which have differing levels of purity, could not be productively combined. To put these quantities in perspective, it takes some 15,900 grams--roughly 35 pounds--to make a highly enriched uranium bomb.
Stealing highly enriched uranium is extremely difficult. Every nation with an active nuclear weapons program guards access to its breeder reactors and enrichment plants. Employee backgrounds are scrutinized and workers are under near-constant surveillance. Transporting radioactive material invites detection and is a constant danger to those moving it without shielding. If it were shielded, the immense weight of the small container would be a giveaway to authorities. Could terrorists storm a reactor and steal the radioactive material? Not likely. An investigation by Forbes magazine reveals the difficulties:
Assuming attackers could shoot their way past the beefed-up phalanx of armed guards, traffic barriers and guard towers that now surround every nuclear plant, they'd still have to fight their way into the reactor building through multiple levels of remote-activated blast doors--where access requires the right key card and palm print--to get to the spent-fuel pond, says Michael Wallace, president of Constellation Energy's generation group, which operates five nuclear reactors. The pond where highly radioactive used fuel rods sit in 14-foot-long stainless steel assemblies cooling under 40 feet of water. Terrorists couldn't just grab this stuff and run because, unshielded, it gives off a lethal dose of radiation in less than a minute. To avoid exposure, terrorists would have to force workers to use a giant crane inside the reactor to load the assemblies into huge transfer casks, then open the mammoth doors of the reactor building and use another crane to lift the cask onto a waiting truck--all the while being shot at by the National Guard. It may be easier to steal radioactive material outside the U.S.--but not much.
What about hijacking a plane and crash-diving it into a nuclear reactor? It would make a spectacular movie scene, but as Forbes explains, it would not cause much harm to those outside the plane:
Assume that terrorists could get past tightened airport security and fight off passengers to get through new, improved cockpit doors and take control of a plane. Even then they'd have to crash the jet directly into a reactor to have any chance of breaking containment. In 2002 the Electric Power Research Institute performed a $1 million computer simulation to assess such a risk. Conclusion: A direct hit from a 450,000-pound Boeing 767 flying low to the ground at 350 mph would ruin a plant's ability to make electricity but not break the reactor's cement shield. Reason: A reactor, smaller in profile than the Pentagon or World Trade Center, would not absorb the full force of the plane's impact. And, for all the force behind it, a plane, built of aluminum and titanium, has far less mass than the 20-foot-thick steel-and-concrete sarcophagus enclosing a nuclear reactor. It would be like dropping a watermelon on a fire hydrant from 100 feet.
Another problem with theft is fencing the goods. Most uranium thieves have been caught when they tried to sell the small amounts of radioactive material they have stolen. And the difficulties of theft do not end once al Qaeda gets its prize. Even if al Qaeda terrorists managed to steal a nuclear device or bought one from those standby villains of choice, Russian mobsters, they would still have to figure out how to break the codes and overturn the fail-safes. All Russian and American devices have temperature and pressure sensors to defeat unauthorized use. Since intercontinental missiles are designed to pass through the upper atmosphere before descending to their targets, the terrorists would have to find a laboratory facility that could mimic the environment of the outer stratosphere. Good luck. Council on Foreign Relations fellow Charles Ferguson told the Washington Post that "you don't just get it [a nuclear weapon] off the shelf, enter a code, and have it go off."
So could al Qaeda make its own bomb? It appears that the terror network has tried and failed.
In August 2001, bin Laden was envisioning attacks bigger than what happened on September 11. Almost a month before the attacks on New York and Washington, bin Laden and his deputy Ayman al-Zawahiri met with Sultan Bashiruddin Mahmood and Abdul Majeed, two officials once part of Pakistan's nuclear program. Mr. Mahmood had supervised the plant that enriched uranium for Pakistan's first bomb and later managed efforts to produce weapons-grade plutonium. Both scientists were arrested on Oct. 23, 2001. They remain under house arrest in Pakistan. At their meeting with bin Laden, they discussed plans to mine uranium from plentiful deposits in Afghanistan and talked about the technology needed to turn the uranium into bomb fuel. It was these scientists who informed bin Laden that the uranium from Uzbekistan was too impure to be useful for bomb making.
Al Qaeda will keep trying, no doubt. But there is no evidence that they are near succeeding. A wide array of documents and computer hard drives found in al Qaeda safe houses reveals a serious effort to build weapons of mass destruction. The U.S. military also obtained a document with the sinister title of "Superbomb."
In addition, CNN discovered a cache of documents at an al Qaeda safe house that outlined the terror network's WMD plans. David Albright, a physicist and president of the Institute for Science and International Security, was retained by CNN to evaluate the al Qaeda documents.
In "Al Qaeda's Nuclear Program: Through the Window of Seized Documents," a research paper for a think tank linked to the University of California at Berkeley, Albright concluded: "Whatever al Qaeda had accomplished towards nuclear weapon capabilities, its effort in Afghanistan was 'nipped in the bud' with the fall of the Taliban government. The international community is fortunate that the war in Afghanistan set back al Qaeda's effort to obtain nuclear weapons."
For now, suitcase-sized nuclear bombs remain in the realm of James Bond movies. Given the limitations of physics and engineering, no nation seems to have invested the time and money to make them. Both U.S. and the USSR built nuclear mines (as well as artillery shells), which were small but hardly portable--and all were dismantled by treaty by 2000. Alexander Lebed's claims and those of defector Stanislev Lunev were not based on direct observation. The one U.S. official who saw a small nuclear device said it was the size of three footlockers--hardly a suitcase. The desire to obliterate cities is portable--inside the heads of believers--while, thankfully, the nuclear devices to bring that about are not.
Mr. Miniter is author of "Disinformation: 22 Media Myths That Undermine the War on Terror" (Regnery, 2005), from which this article is excerpted. It is available from the OpinionJournal bookstore.
from Wired Magazine, 2009-Sep-21, by Nicholas Thompson:
Inside the Apocalyptic Soviet Doomsday Machine
Valery Yarynich glances nervously over his shoulder. Clad in a brown leather jacket, the 72-year-old former Soviet colonel is hunkered in the back of the dimly lit Iron Gate restaurant in Washington, DC. It's March 2009—the Berlin Wall came down two decades ago—but the lean and fit Yarynich is as jumpy as an informant dodging the KGB. He begins to whisper, quietly but firmly.
"The Perimeter system is very, very nice," he says. "We remove unique responsibility from high politicians and the military." He looks around again.
Yarynich is talking about Russia's doomsday machine. That's right, an actual doomsday device—a real, functioning version of the ultimate weapon, always presumed to exist only as a fantasy of apocalypse-obsessed science fiction writers and paranoid über-hawks. The thing that historian Lewis Mumford called "the central symbol of this scientifically organized nightmare of mass extermination." Turns out Yarynich, a 30-year veteran of the Soviet Strategic Rocket Forces and Soviet General Staff, helped build one.
The point of the system, he explains, was to guarantee an automatic Soviet response to an American nuclear strike. Even if the US crippled the USSR with a surprise attack, the Soviets could still hit back. It wouldn't matter if the US blew up the Kremlin, took out the defense ministry, severed the communications network, and killed everyone with stars on their shoulders. Ground-based sensors would detect that a devastating blow had been struck and a counterattack would be launched.
The technical name was Perimeter, but some called it Mertvaya Ruka, or Dead Hand. It was built 25 years ago and remained a closely guarded secret. With the demise of the USSR, word of the system did leak out, but few people seemed to notice. In fact, though Yarynich and a former Minuteman launch officer named Bruce Blair have been writing about Perimeter since 1993 in numerous books and newspaper articles, its existence has not penetrated the public mind or the corridors of power. The Russians still won't discuss it, and Americans at the highest levels—including former top officials at the State Department and White House—say they've never heard of it. When I recently told former CIA director James Woolsey that the USSR had built a doomsday device, his eyes grew cold. "I hope to God the Soviets were more sensible than that." They weren't.
The system remains so shrouded that Yarynich worries his continued openness puts him in danger. He might have a point: One Soviet official who spoke with Americans about the system died in a mysterious fall down a staircase. But Yarynich takes the risk. He believes the world needs to know about Dead Hand. Because, after all, it is still in place.
The system that Yarynich helped build came online in 1985, after some of the most dangerous years of the Cold War. Throughout the '70s, the USSR had steadily narrowed the long US lead in nuclear firepower. At the same time, post-Vietnam, recession-era America seemed weak and confused. Then in strode Ronald Reagan, promising that the days of retreat were over. It was morning in America, he said, and twilight in the Soviet Union.
Part of the new president's hard-line approach was to make the Soviets believe that the US was unafraid of nuclear war. Many of his advisers had long advocated modeling and actively planning for nuclear combat. These were the progeny of Herman Kahn, author of On Thermonuclear War and Thinking About the Unthinkable. They believed that the side with the largest arsenal and an expressed readiness to use it would gain leverage during every crisis.
The new administration began expanding the US nuclear arsenal and priming the silos. And it backed up the bombs with bluster. In his 1981 Senate confirmation hearings, Eugene Rostow, incoming head of the Arms Control and Disarmament Agency, signaled that the US just might be crazy enough to use its weapons, declaring that Japan "not only survived but flourished after the nuclear attack" of 1945. Speaking of a possible US-Soviet exchange, he said, "Some estimates predict that there would be 10 million casualties on one side and 100 million on another. But that is not the whole of the population."
Meanwhile, in ways both small and large, US behavior toward the Soviets took on a harsher edge. Soviet ambassador Anatoly Dobrynin lost his reserved parking pass at the State Department. US troops swooped into tiny Grenada to defeat communism in Operation Urgent Fury. US naval exercises pushed ever closer to Soviet waters.
The strategy worked. Moscow soon believed the new US leadership really was ready to fight a nuclear war. But the Soviets also became convinced that the US was now willing to start a nuclear war. "The policy of the Reagan administration has to be seen as adventurous and serving the goal of world domination," Soviet marshal Nikolai Ogarkov told a gathering of the Warsaw Pact chiefs of staff in September 1982. "In 1941, too, there were many among us who warned against war and many who did not believe a war was coming," Ogarkov said, referring to the German invasion of his country. "Thus, the situation is not only very serious but also very dangerous."
A few months later, Reagan made one of the most provocative moves of the Cold War. He announced that the US was going to develop a shield of lasers and nuclear weapons in space to defend against Soviet warheads. He called it missile defense; critics mocked it as "Star Wars."
To Moscow it was the Death Star—and it confirmed that the US was planning an attack. It would be impossible for the system to stop thousands of incoming Soviet missiles at once, so missile defense made sense only as a way of mopping up after an initial US strike. The US would first fire its thousands of weapons at Soviet cities and missile silos. Some Soviet weapons would survive for a retaliatory launch, but Reagan's shield could block many of those. Thus, Star Wars would nullify the long-standing doctrine of mutually assured destruction, the principle that neither side would ever start a nuclear war since neither could survive a counterattack.
As we know now, Reagan was not planning a first strike. According to his private diaries and personal letters, he genuinely believed he was bringing about lasting peace. (He once told Gorbachev he might be a reincarnation of the human who invented the first shield.) The system, Reagan insisted, was purely defensive. But as the Soviets knew, if the Americans were mobilizing for attack, that's exactly what you'd expect them to say. And according to Cold War logic, if you think the other side is about to launch, you should do one of two things: Either launch first or convince the enemy that you can strike back even if you're dead.
Perimeter ensures the ability to strike back, but it's no hair-trigger device. It was designed to lie semi-dormant until switched on by a high official in a crisis. Then it would begin monitoring a network of seismic, radiation, and air pressure sensors for signs of nuclear explosions. Before launching any retaliatory strike, the system had to check off four if/then propositions: If it was turned on, then it would try to determine that a nuclear weapon had hit Soviet soil. If it seemed that one had, the system would check to see if any communication links to the war room of the Soviet General Staff remained. If they did, and if some amount of time—likely ranging from 15 minutes to an hour—passed without further indications of attack, the machine would assume officials were still living who could order the counterattack and shut down. But if the line to the General Staff went dead, then Perimeter would infer that apocalypse had arrived. It would immediately transfer launch authority to whoever was manning the system at that moment deep inside a protected bunker—bypassing layers and layers of normal command authority. At that point, the ability to destroy the world would fall to whoever was on duty: maybe a high minister sent in during the crisis, maybe a 25-year-old junior officer fresh out of military academy. And if that person decided to press the button ... If/then. If/then. If/then. If/then.
Once initiated, the counterattack would be controlled by so-called command missiles. Hidden in hardened silos designed to withstand the massive blast and electromagnetic pulses of a nuclear explosion, these missiles would launch first and then radio down coded orders to whatever Soviet weapons had survived the first strike. At that point, the machines will have taken over the war. Soaring over the smoldering, radioactive ruins of the motherland, and with all ground communications destroyed, the command missiles would lead the destruction of the US.
The US did build versions of these technologies, deploying command missiles in what was called the Emergency Rocket Communications System. It also developed seismic and radiation sensors to monitor for nuclear tests or explosions the world over. But the US never combined it all into a system of zombie retaliation. It feared accidents and the one mistake that could end it all.
Instead, airborne American crews with the capacity and authority to launch retaliatory strikes were kept aloft throughout the Cold War. Their mission was similar to Perimeter's, but the system relied more on people and less on machines.
And in keeping with the principles of Cold War game theory, the US told the Soviets all about it.
Great Moments in Nuclear Game Theory
Permissive Action Links
When: 1960s
What: Midway through the Cold War, American leaders began to worry that a rogue US officer might launch a small, unauthorized strike, prompting massive retaliation. So in 1962, Robert McNamara ordered every nuclear weapon locked with numerical codes.
Effect: None. Irritated by the restriction, Strategic Air Command set all the codes to strings of zeros. The Defense Department didn't learn of the subterfuge until 1977.
US-Soviet Hotline
When: 1963
What: The USSR and US set up a direct line, reserved for emergencies. The goal was to prevent miscommunication about nuclear launches.
Effect: Unclear. To many it was a safeguard. But one Defense official in the 1970s hypothesized that the Soviet leader could authorize a small strike and then call to blame the launch on a renegade, saying, "But if you promise not to respond, I will order an absolute lockdown immediately."Missile Defense
When: 1983
What: President Reagan proposed a system of nuclear weapons and lasers in space to shoot down enemy missiles. He considered it a tool for peace and promised to share the technology.
Effect: Destabilizing. The Soviets believed the true purpose of the "Star Wars" system was to back up a US first strike. The technology couldn't stop a massive Soviet launch, they figured, but it might thwart a weakened Soviet response.Airborne Command Post
When: 1961-1990
What: For three decades, the US kept aircraft in the sky 24/7 that could communicate with missile silos and give the launch order if ground-based command centers were ever destroyed.
Effect: Stabilizing. Known as Looking Glass, it was the American equivalent of Perimeter, guaranteeing that the US could launch a counterattack. And the US told the Soviets all about it, ensuring that it served as a deterrent.
The first mention of a doomsday machine, according to P. D. Smith, author of Doomsday Men, was on an NBC radio broadcast in February 1950, when the atomic scientist Leo Szilard described a hypothetical system of hydrogen bombs that could cover the world in radioactive dust and end all human life. "Who would want to kill everybody on earth?" he asked rhetorically. Someone who wanted to deter an attacker. If Moscow were on the brink of military defeat, for example, it could halt an invasion by declaring, "We will detonate our H-bombs."
A decade and a half later, Stanley Kubrick's satirical masterpiece Dr. Strangelove permanently embedded the idea in the public imagination. In the movie, a rogue US general sends his bomber wing to preemptively strike the USSR. The Soviet ambassador then reveals that his country has just deployed a device that will automatically respond to any nuclear attack by cloaking the planet in deadly "cobalt-thorium-G."
"The whole point of the doomsday machine is lost if you keep it a secret!" cries Dr. Strangelove. "Why didn't you tell the world?" After all, such a device works as a deterrent only if the enemy is aware of its existence. In the movie, the Soviet ambassador can only lamely respond, "It was to be announced at the party congress on Monday."
In real life, however, many Mondays and many party congresses passed after Perimeter was created. So why didn't the Soviets tell the world, or at least the White House, about it? No evidence exists that top Reagan administration officials knew anything about a Soviet doomsday plan. George Shultz, secretary of state for most of Reagan's presidency, told me that he had never heard of it.
In fact, the Soviet military didn't even inform its own civilian arms negotiators. "I was never told about Perimeter," says Yuli Kvitsinsky, lead Soviet negotiator at the time the device was created. And the brass still won't talk about it today. In addition to Yarynich, a few other people confirmed the existence of the system to me—notably former Soviet space official Alexander Zheleznyakov and defense adviser Vitali Tsygichko—but most questions about it are still met with scowls and sharp nyets. At an interview in Moscow this February with Vladimir Dvorkin, another former official in the Strategic Rocket Forces, I was ushered out of the room almost as soon as I brought up the topic.
So why was the US not informed about Perimeter? Kremlinologists have long noted the Soviet military's extreme penchant for secrecy, but surely that couldn't fully explain what appears to be a self-defeating strategic error of extraordinary magnitude.
The silence can be attributed partly to fears that the US would figure out how to disable the system. But the principal reason is more complicated and surprising. According to both Yarynich and Zheleznyakov, Perimeter was never meant as a traditional doomsday machine. The Soviets had taken game theory one step further than Kubrick, Szilard, and everyone else: They built a system to deter themselves.
By guaranteeing that Moscow could hit back, Perimeter was actually designed to keep an overeager Soviet military or civilian leader from launching prematurely during a crisis. The point, Zheleznyakov says, was "to cool down all these hotheads and extremists. No matter what was going to happen, there still would be revenge. Those who attack us will be punished."
And Perimeter bought the Soviets time. After the US installed deadly accurate Pershing II missiles on German bases in December 1983, Kremlin military planners assumed they would have only 10 to 15 minutes from the moment radar picked up an attack until impact. Given the paranoia of the era, it is not unimaginable that a malfunctioning radar, a flock of geese that looked like an incoming warhead, or a misinterpreted American war exercise could have triggered a catastrophe. Indeed, all these events actually occurred at some point. If they had happened at the same time, Armageddon might have ensued.
Perimeter solved that problem. If Soviet radar picked up an ominous but ambiguous signal, the leaders could turn on Perimeter and wait. If it turned out to be geese, they could relax and Perimeter would stand down. Confirming actual detonations on Soviet soil is far easier than confirming distant launches. "That is why we have the system," Yarynich says. "To avoid a tragic mistake. "
The mistake that both Yarynich and his counterpart in the United States, Bruce Blair, want to avoid now is silence. It's long past time for the world to come to grips with Perimeter, they argue. The system may no longer be a central element of Russian strategy—US-based Russian arms expert Pavel Podvig calls it now "just another cog in the machine"—but Dead Hand is still armed.
To Blair, who today runs a think tank in Washington called the World Security Institute, such dismissals are unacceptable. Though neither he nor anyone in the US has up-to-the-minute information on Perimeter, he sees the Russians' refusal to retire it as yet another example of the insufficient reduction of forces on both sides. There is no reason, he says, to have thousands of armed missiles on something close to hair-trigger alert. Despite how far the world has come, there's still plenty of opportunity for colossal mistakes. When I talked to him recently, he spoke both in sorrow and in anger: "The Cold War is over. But we act the same way that we used to."
Yarynich, likewise, is committed to the principle that knowledge about nuclear command and control means safety. But he also believes that Perimeter can still serve a useful purpose. Yes, it was designed as a self-deterrent, and it filled that role well during the hottest days of the Cold War. But, he wonders, couldn't it now also play the traditional role of a doomsday device? Couldn't it deter future enemies if publicized?
The waters of international conflict never stay calm for long. A recent case in point was the heated exchange between the Bush administration and Russian president Vladimir Putin over Georgia. "It's nonsense not to talk about Perimeter," Yarynich says. If the existence of the device isn't made public, he adds, "we have more risk in future crises. And crisis is inevitable."
As Yarynich describes Perimeter with pride, I challenge him with the classic critique of such systems: What if they fail? What if something goes wrong? What if a computer virus, earthquake, reactor meltdown, and power outage conspire to convince the system that war has begun?
Yarynich sips his beer and dismisses my concerns. Even given an unthinkable series of accidents, he reminds me, there would still be at least one human hand to prevent Perimeter from ending the world. Prior to 1985, he says, the Soviets designed several automatic systems that could launch counterattacks without any human involvement whatsoever. But all these devices were rejected by the high command. Perimeter, he points out, was never a truly autonomous doomsday device. "If there are explosions and all communications are broken," he says, "then the people in this facility can—I would like to underline can—launch."
Yes, I agree, a human could decide in the end not to press the button. But that person is a soldier, isolated in an underground bunker, surrounded by evidence that the enemy has just destroyed his homeland and everyone he knows. Sensors have gone off; timers are ticking. There's a checklist, and soldiers are trained to follow checklists.
Wouldn't any officer just launch? I ask Yarynich what he would do if he were alone in the bunker. He shakes his head. "I cannot say if I would push the button."
It might not actually be a button, he then explains. It could now be some kind of a key or other secure form of switch. He's not absolutely sure. After all, he says, Dead Hand is continuously being upgraded.
Senior editor Nicholas Thompson (nicholas_thompson@wired.com) is the author of The Hawk and the Dove: Paul Nitze, George Kennan, and the History of the Cold War.
from the Wall Street Journal via OpinionJournal.com, 2004-Aug-14:
Mother of All Blackouts
Now there's a new threat to prepare for--an EMP blast that could black out the nation.Today marks the anniversary of the blackout that shut down much of the Northeast a year ago. Anyone who lived through that power outage remembers the annoyance of life without lights, air conditioning, TVs, computers and all the other electronic equipment on which a modern society depends. Now, imagine a blackout that lasts for months, or years.
That was the job of the Commission to Assess the Threat to the U.S. from Electromagnetic Pulse (EMP) Attack. The commission, created in 2000 to examine the possibility of EMP attack and its aftermath, just delivered a report to Congress. All we can say is, we hope someone in Washington is paying attention.
An EMP attack occurs when an enemy sets off a nuclear explosion high in the Earth's atmosphere. The electromagnetic pulse generated by the blast destroys the electronics and satellites in its field of vision. For a detonation above the Midwest, that could mean the entire continental U.S.
No American would necessarily die in the initial attack, but what comes next is potentially catastrophic. The pulse would wipe out most electronics and telecommunications, including the power grid. Millions could die for want of modern medical care or even of starvation since farmers wouldn't be able to harvest crops and distributors wouldn't be able to get food to supermarkets. Commissioner Lowell Wood calls EMP attack a "giant continental time machine" that would move us back more than a century in technology to the late 1800s.
The Commission notes that little in the private sector is hardened to withstand EMP attack and that the military has only limited protection. After an EMP assault, the nation would be highly vulnerable to secondary attack by conventional forces or a biological weapon.
China and Russia have the capability to launch an EMP weapon--and have let us know it. In May 1999, during NATO's bombing of the former Yugoslavia, members of the Russian Duma, meeting with U.S. congressmen to discuss the Balkans war, pointedly noted that a Russian EMP attack would paralyze the U.S. China recently published an article on EMP in a Chinese-language technical journal. To make sure the U.S. got the message, the article appeared in English.
But it's a relatively unsophisticated EMP weapon in the hands of terrorists that really scares the Commission. All it would take is one nuclear warhead attached to a Scud missile launched from a barge off the U.S. coast to shut down much of the country.
The Commission offers a series of recommendations for reducing U.S. vulnerability. It calls for better intelligence, particularly in coastal waters. Also needed are "vigorous interdiction and interception efforts" such as missile defense. Critical components of civilian infrastructure--especially the electrical power grid--need to be EMP-hardened. Most new units can be hardened for 1% to 3% of cost if done at the time of design and manufacture. Hardening existing systems can cost 10 times as much.
The EMP study, which came out the same week as the 9/11 Commission's report, got little media attention. It deserves more.
from TPDL 2003-Nov-21, from NewsMax.com, by John O. Edwards:
Gen. Franks Doubts Constitution Will Survive WMD Attack
Gen. Tommy Franks says that if the United States is hit with a weapon of mass destruction that inflicts large casualties, the Constitution will likely be discarded in favor of a military form of government.
Franks, who successfully led the U.S. military operation to liberate Iraq, expressed his worries in an extensive interview he gave to the men’s lifestyle magazine Cigar Aficionado.
In the magazine’s December edition, the former commander of the military’s Central Command warned that if terrorists succeeded in using a weapon of mass destruction (WMD) against the U.S. or one of our allies, it would likely have catastrophic consequences for our cherished republican form of government.
Discussing the hypothetical dangers posed to the U.S. in the wake of Sept. 11, Franks said that “the worst thing that could happen” is if terrorists acquire and then use a biological, chemical or nuclear weapon that inflicts heavy casualties.
If that happens, Franks said, “... the Western world, the free world, loses what it cherishes most, and that is freedom and liberty we’ve seen for a couple of hundred years in this grand experiment that we call democracy.”
Franks then offered “in a practical sense” what he thinks would happen in the aftermath of such an attack.
“It means the potential of a weapon of mass destruction and a terrorist, massive, casualty-producing event 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. Which in fact, then begins to unravel the fabric of our Constitution. Two steps, very, very important.”
Franks didn’t speculate about how soon such an event might take place.
Already, critics of the U.S. Patriot Act, rushed through Congress in the wake of the Sept. 11 attacks, have argued that the law aims to curtail civil liberties and sets a dangerous precedent.
But Franks’ scenario goes much further. He is the first high-ranking official to openly speculate that the Constitution could be scrapped in favor of a military form of government.
The usually camera-shy Franks retired from U.S. Central Command, known in Pentagon lingo as CentCom, in August 2003, after serving nearly four decades in the Army.
Franks earned three Purple Hearts for combat wounds and three Bronze Stars for valor. Known as a “soldier’s general,” Franks made his mark as a top commander during the U.S.’s successful Operation Desert Storm, which liberated Kuwait in 1991. He was in charge of CentCom when Osama bin Laden’s al-Qaeda attacked the United States on Sept. 11.
Franks said that within hours of the attacks, he was given orders to prepare to root out the Taliban in Afghanistan and to capture bin Laden.
Franks offered his assessment on a number of topics to Cigar Aficionado, including:
President Bush: “As I look at President Bush, I think he will ultimately be judged as a man of extremely high character. A very thoughtful man, not having been appraised properly by those who would say he’s not very smart. I find the contrary. I think he’s very, very bright. And I suspect that he’ll be judged as a man who led this country through a crease in history effectively. Probably we’ll think of him in years to come as an American hero.”
On the motivation for the Iraq war: Contrary to claims that top Pentagon brass opposed the invasion of Iraq, Franks said he wholeheartedly agreed with the president’s decision to invade Iraq and oust Saddam Hussein.
“I, for one, begin with intent. ... There is no question that Saddam Hussein had intent to do harm to the Western alliance and to the United States of America. That intent is confirmed in a great many of his speeches, his commentary, the words that have come out of the Iraqi regime over the last dozen or so years. So we have intent.
“If we know for sure ... that a regime has intent to do harm to this country, and if we have something beyond a reasonable doubt that this particular regime may have the wherewithal with which to execute the intent, what are our actions and orders as leaders in this country?”
The Pentagon’s deck of cards: Asked how the Pentagon decided to put its most-wanted Iraqis on a set of playing cards, Franks explained its genesis. He recalled that when his staff identified the most notorious Iraqis the U.S. wanted to capture, “it just turned out that the number happened to be about the same as a deck of cards. And so somebody said, ‘Aha, this will be the ace of spades.’”
Capturing Saddam: Franks said he was not surprised that Saddam has not been captured or killed. But he says he will eventually be found, perhaps sooner than Osama bin laden.
“The capture or killing of Saddam Hussein will be a near term thing. And I won’t say that’ll be within 19 or 43 days. ... I believe it is inevitable.”
Franks ended his interview with a less-than-optimistic note. “It’s not in the history of civilization for peace ever to reign. Never has in the history of man. ... I doubt that we’ll ever have a time when the world will actually be at peace.”
from the Associated Press, 2006-Mar-11, by Robert Tanner with John Parsons contributing:
Analysis: States Steadily Restricting Info
States have steadily limited the public's access to government information since the Sept. 11, 2001, terrorist attacks, a new Associated Press analysis of laws in all 50 states has found. Legislatures have passed more than 1,000 laws changing access to information, approving more than twice as many measures that restrict information as laws that open government books.
Some things your government doesn't have to tell you about:
- The safety plan at your child's school, if you live in Iowa.
- Medication errors at your grandparent's nursing home in North Carolina.
- Disciplinary actions against Indiana state employees.
The horror of the attacks spurred a wholesale re-examination of information that could put the country in danger, and the state actions roughly mirror those on the federal level. Federal agencies responded by shutting down Web sites, pulling telephone directories and rethinking everything from dam blueprints to historical records.
In statehouse battles, the issue has pitted advocates of government openness - including journalists and civil liberties groups - against lawmakers and others who worry that public information could be misused, whether it's by terrorists or by computer hackers hoping to use your credit cards. Security concerns typically won out.
The AP discovered a clear trend from the Sept. 11 attacks through legislative work that ended last year: States passed 616 laws that restricted access - to government records, databases, meetings and more - and 284 laws that loosened access. Another 123 laws had either a neutral or mixed effect, the AP found. "What these open government laws do is break down that wall of government secrecy so that everybody knows what's going on," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "A democracy can only function if we have information. You can only have oversight of government if you have information."
Associated Press reporters in every state, often with help from their local press associations, tracked the government access bills introduced since the World Trade Center towers and Pentagon were hit by hijacked planes.
In every state, reporters tallied bills that were proposed each year, and then examined the laws that passed. They assessed the impact of each new measure and rated it as loosening existing limits on public access to government information, restricting the limits, or neutral.
While fear of another terrorist attack drove many new proposals, it wasn't the only motivator. Concerns about identity theft, medical privacy and the vulnerability of computerized records have sparked many pieces of legislation, too.
Lawmakers say they are recalibrating the balance between information that could be used against society and what society at large needs to know.
"Since Sept. 11, we're looking at information like plans for our nuclear plants, the records of our bridges and transportation systems. All of the critical information that is out there that we don't necessarily want to put in the hands of a terrorist," said New York state Sen. Nick Spano, a Republican who had proposed tightening legislation soon after the attacks.
"It's a very difficult balance between the public's right to know and the public's right to security," Spano said. A different security measure ultimately became law, limiting access to information about infrastructure from airports to cellular phone systems. Last year, Spano authored a law that strengthened public access by setting a strict deadline for state agencies to respond to requests for information.
The give and take of a legislature usually forces changes to such bills - like a measure proposed last year in Oklahoma, where freshman state Sen. Charles Wyrick, a Democrat, sought to completely exempt the state's new Department of Homeland Security from the Open Meetings Act and Open Records Act.
"I don't know why all of a sudden the holy grail of security and safety is now closing records," Mark Thomas, head of the Oklahoma Press Association, said after the bill was introduced. "It seems to me we would be more secure if we knew what was going on around us. ... Apparently there are those in government who want to close all these records and say, 'We'll keep you safe, trust us.'"
Negotiations brought a compromise. The law that passed allowed the department to keep communications between the agency and the federal government confidential, along with security plans for private businesses.
"We had to fight that out, and basically it ended up being an equal distribution of unhappiness," Thomas said.
Still, the numerical data shows which side got more out of negotiations overall: The AP analysis of 1,023 new laws dealing with public access to government information found that more than 60 percent closed access. Just over a quarter created new avenues of access. The rest had a neutral effect, often through technical changes to existing laws.
Those laws emerged from just over 3,500 bills. Often, several legislators interested in a topic will each introduce a bill knowing that only one is likely to pass. In some states, the same legislation is introduced in both House and Senate chambers to speed action and build support.
Across more than four years, 36 states passed more restrictive laws than laws that loosened access; seven states passed more laws that eased barriers to access; seven states passed equal numbers. The analysis did not attempt to quantify the impact of larger, sweeping laws versus smaller modifications.
The AP analysis also did not study legislation prior to the Sept. 11 attacks, though observers say the changes have been obvious.
"What we see nationwide is states really backing away from their open access laws," said Fred H. Cate, an Indiana University law professor who studies privacy and technology. Security threats are real - but some lawmakers are just "taking advantage of the public security tide," he said.
The law in Iowa requires that schools draft emergency response plans, but bars them from the public. In Indiana, legislators agreed to keep disciplinary actions against state employees secret - except when they are suspended, demoted or discharged.
In North Carolina, new advisory committees set up to examine medication errors in nursing homes keep their meetings and records confidential, though the medication error rates found in separate home inspections that exceed a higher, federal standard can be accessed through the federal government.
North Carolina, like other places, also took steps to open access, requiring local and state governments to more quickly provide details about government incentive packages to lure business.
Elsewhere, Oregon opened records on child abuse in cases involving a child who is killed or seriously hurt; South Carolina lawmakers required the governor to open his cabinet meetings; California voters approved an amendment to the state constitution requiring that the state's laws on open meetings and open records be broadly interpreted. After the amendment passed, Gov. Arnold Schwarzenegger made public his appointment calendar and those of two of his top aides.
Lately, privacy worries are starting to trump security fears.
"The great trend out there - that sweeps across any record - is privacy," said Charles Davis at the Freedom of Information Center in Missouri. "There's a push by government that every time Joe Citizen's name is mentioned in a government document, it's an inherent threat to Joe Citizen's privacy if that document is released."
Just this month, Minnesota Gov. Tim Pawlenty announced a new government-wide effort to target identity theft, barring access to driver's licenses, phone records and Social Security numbers. No longer, the governor said, should there be a presumption that government information is public. "That's backwards," he said.
Open government advocates disagree. The way they see it, if Pawlenty is successful, information that used to be public in Minnesota will soon be unnecessarily locked away.
from the Associated Press via CNN, 2003-Sep-15:
Anti-terror laws increasingly used against common criminals
PHILADELPHIA, Pennsylvania -- In the two years since law enforcement agencies gained fresh powers to help them track down and punish terrorists, police and prosecutors have increasingly turned the force of the new laws not on al Qaeda cells but on people charged with common crimes.
The Justice Department said it has used authority given to it by the USA Patriot Act to crack down on currency smugglers and seize money hidden overseas by alleged bookies, con artists and drug dealers.
Federal prosecutors used the act in June to file a charge of "terrorism using a weapon of mass destruction" against a California man after a pipe bomb exploded in his lap, wounding him as he sat in his car.
A North Carolina county prosecutor charged a man accused of running a methamphetamine lab with breaking a new state law barring the manufacture of chemical weapons. If convicted, Martin Dwayne Miller could get 12 years to life in prison for a crime that usually brings about six months.
Prosecutor Jerry Wilson says he isn't abusing the law, which defines chemical weapons of mass destruction as "any substance that is designed or has the capability to cause death or serious injury" and contains toxic chemicals.
Civil liberties and legal defense groups are bothered by the string of cases, and say the government soon will be routinely using harsh anti-terrorism laws against run-of-the-mill lawbreakers.
"Within six months of passing the Patriot Act, the Justice Department was conducting seminars on how to stretch the new wiretapping provisions to extend them beyond terror cases," said Dan Dodson, a spokesman for the National Association of Criminal Defense Attorneys. "They say they want the Patriot Act to fight terrorism, then, within six months, they are teaching their people how to use it on ordinary citizens."
Prosecutors aren't apologizing.
Attorney General John Ashcroft completed a 16-city tour this week defending the Patriot Act as key to preventing a second catastrophic terrorist attack. Federal prosecutors have brought more than 250 criminal charges under the law, with more than 130 convictions or guilty pleas.
The law, passed two months after the Sept. 11 attacks, erased many restrictions that had barred the government from spying on its citizens, granting agents new powers to use wiretaps, conduct electronic and computer eavesdropping and access private financial data.
Stefan Cassella, deputy chief for legal policy for the Justice Department's asset forfeiture and money laundering section, said that while the Patriot Act's primary focus was on terrorism, lawmakers were aware it contained provisions that had been on prosecutors' wish lists for years and would be used in a wide variety of cases.
In one case prosecuted this year, investigators used a provision of the Patriot Act to recover $4.5 million from a group of telemarketers accused of tricking elderly U.S. citizens into thinking they had won the Canadian lottery. Prosecutors said the defendants told victims they would receive their prize as soon as they paid thousands of dollars in income tax on their winnings.
Before the anti-terrorism act, U.S. officials would have had to use international treaties and appeal for help from foreign governments to retrieve the cash, deposited in banks in Jordan and Israel. Now, they simply seized it from assets held by those banks in the United States.
"These are appropriate uses of the statute," Cassella said. "If we can use the statute to get money back for victims, we are going to do it."
The complaint that anti-terrorism legislation is being used to go after people who aren't terrorists is just the latest in a string of criticisms.
More than 150 local governments have passed resolutions opposing the law as an overly broad threat to constitutional rights.
Critics also say the government has gone too far in charging three U.S. citizens as enemy combatants, a power presidents wield during wartime that is not part of the Patriot Act. The government can detain such individuals indefinitely without allowing them access to a lawyer.
And Muslim and civil liberties groups have criticized the government's decision to force thousands of mostly Middle Eastern men to risk deportation by registering with immigration authorities.
"The record is clear," said Ralph Neas, president of the liberal People for the American Way Foundation. "Ashcroft and the Justice Department have gone too far."
Some of the restrictions on government surveillance that were erased by the Patriot Act had been enacted after past abuses -- including efforts by the FBI to spy on civil rights leaders and anti-war demonstrators during the Cold War. Tim Lynch, director of the Project on Criminal Justice at the Cato Institute, a libertarian think tank, said it isn't far fetched to believe that the government might overstep its bounds again.
"I don't think that those are frivolous fears," Lynch said. "We've already heard stories of local police chiefs creating files on people who have protested the (Iraq) war ... The government is constantly trying to expand its jurisdictions, and it needs to be watched very, very closely."
from TPDL 2001-Nov-8, from the Washington Times, by Paul Craig Roberts:
Penalties borne by rush of patriotism
Liberal-stifled patriotism, pent-up for decades, has burst forth in response to the events of September 11. It is in fashion again to be a proud American.
Patriotism rallies people to the support of their country, granting government new and expanded powers to respond to terrorists. This is understandable, but a headlong rush is no way to make good decisions.
Anxious to strike back, the U.S. is focused on bombing Afghanistan, which has some abandoned terrorist training camps and a ragtag militia. But the terrorists who threaten us are not hiding in Afghanistan. They are in the United States and Europe.
Ali Mohamed pleaded guilty to assisting in the terrorist conspiracy that blew up the American embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania on Aug. 7, 1998. Mohamed was a sergeant in the U.S. Army in a sensitive position at Fort Bragg, N.C.
Mohamed told the FBI there were hundreds of "sleepers" in place in the U.S. who do not fit the terrorist profile and are not dependent on orders or financing from abroad. Trained and in place, the separate cells act at their own choosing.
Terrorism expert Simon Reeve recently told C-SPAN's audience the same thing.
According to the FBI and to a report compiled by the Michigan police for the state legislature, most of the Muslim terrorist organizations, including Al Qaeda Hezbollah, Hamas, Islamic Jihad, and Al Gamat, are present in Michigan, which, thanks to former Republican Sen. Spencer Abraham, is home to the largest Arab population outside the Middle East.
The police report says, "Southeast Michigan is known as a lucrative recruiting area and potential support base for terrorist groups."
Chasing after the Taliban halfway around the world will have no effect on the "sleepers" who represent the real threat to Americans.
Neither will the new money laundering laws. The members of terrorist cells are not dependent on Osama bin Laden for money. They support themselves with jobs, crime and with funds raised by religious and charitable organizations. According to the police report, the terrorists raise enough money in the U.S. to support terrorist operations abroad.
Capturing bin Laden and destroying the Taliban will have no significant effect on the terrorist network that has been made possible by none other than U.S. immigration policy.
The result of U.S. immigration policy, supported by Democrats and Republicans alike, is the destruction of the national identity of the United States and the creation in its place of a multicultural tower of Babel that has no common values or interests.
The attack on American national identity has been remarkably successful. Through immigration, the U.S. imports a million or more hyphenated-Americans every year. Thanks to U.S. civil rights policy, the various hyphenated-Americans have group rights as "preferred minorities" at the expense of native-born white citizens. These group rights foster exclusiveness and prevent assimilation.
It is no longer possible to speak the truth in the U.S. if a "preferred minority" finds the truth to be "offensive." Arab-American spokespersons in Michigan found the police report about the terrorists in their midst to be offensive, prompting Rep. David E. Bonior, Michigan Democrat, to damn the report as "character assassination, the kind of thing that went on during the McCarthy era."
Washington politicians, dependent on hyphenated-American interest groups, will block any effort to deal with the terrorists in our midst and continue to distract the public by bombing distant Afghanistan.
The new airport security measures illustrate political correctness at its worst. The measures fail to focus on the small group of potential terrorists. Instead the measures treat everyone as a potential terrorist.
Nothing better illustrates the total lack of protection in airport "security" than the spectacle of non-U.S. citizens and persons of Middle Eastern origin searching the personal effects of native-born blue-eyed blond mothers traveling with small children.
Such indiscriminate screening is a clear indication that the new FBI spy powers will be applied far more widely than to obvious suspects.
The new terrorism powers have yet to have any impact on terrorists, but they are already taking a heavy toll on high-school students and pranksters.
Everyone knows that teen-agers and even adults handle fear and stress by making jokes. But two Mosley High School students in Panama City, Fla., who put Sweet'N Low in the coin-return of a cafeteria snack machine, face 10 years in prison for "creating fear." Two other students have been arrested for giving classmates envelopes containing baking soda as a Halloween prank.
President Bush has declared pranks by Americans to be "a serious criminal offense," and Attorney General John Ashcroft has responded by throwing the book at a Maryland man who, as a practical joke, sprinkled white talcum powder on the desk of a co-worker.
The U.S. government, unable to tell real enemies from pranksters, is demanding life in prison for the offender — the same punishment given by a race-conscious minority jury to the Muslim terrorists who blew up the two U.S. embassies, murdering 214 people and injuring thousands.
Homeland Security Czar Tom Ridge assures us, "We are going to go after these people." He means pranksters, not terrorists.
The war against terrorism has become a war against our own people.
The FBI is delighted with this turn of events. It is a lot easier and safer to arrest teen-agers for pranks than to root out dangerous terrorists.
from the Associated Press, 2004-Jul-16, by Elizabeth M. Gillespie:
Seattle Student Detained for Photography Assignment
Calls to the Homeland Security Department were not immediately returned.SEATTLE (AP) - Ian Spiers had just hours to finish an assignment for his photography class. He was taking shots of a railroad bridge near the Ballard Locks when an officer with a German shepherd approached him, asked him what he was doing and requested some ID.
Later, he was questioned and photographed by a Homeland Security agent.
It was the second time in less than two months that Spiers had been questioned about taking pictures of a landmark that attracts hundreds of tourists a day, many of whom snap photos of the ships passing between Lake Union and Elliott Bay.
A growing number of photographers around the country have been similarly rousted in recent years as they've tried to take pictures of federal buildings and other major public works, said Donald Winslow, editor of the National Press Photographers Association's magazine.
"We've seen the constant erosion of our civil liberties amid this cry for homeland security by doing things that have an appearance of making us safe, but in reality it's a sham," Winslow said. "No one showed up at the World Trade Center and took photographs from nine different angles before they flew planes into it."
The morning of May 26, Spiers explained he was a photography student at a community college, showed a copy of his assignment, then asked the officer if he was legally obligated to show his ID.
The officer said no and walked away. But soon after, several armed officers approached him, including three from the Seattle Police Department and three from the federal Homeland Security Department.
"I was trying to be calm, but the truth was I was scared out of my mind," Spiers said.
This time, Spiers said, a Seattle police officer told him he had no choice but to show his ID. A Homeland Security agent who flashed his badge told him he had broken a law by taking pictures of a federal facility.
"We've never seen such a law," said Doug Honig, a spokesman for the American Civil Liberties Union in Seattle.
Spiers said he complied, spent half an hour answering questions and let a Homeland Security agent photograph him - after being told he had no choice.
The ACLU has written the U.S. Army Corps of Engineers, which owns and runs the locks, asking for the agency's assurance that Spiers will not be arrested if he returns there.
Corps spokeswoman Patricia Graesser said her agency had no involvement in the incident and questioned an order Spiers said a homeland security agent gave him - that he could not return to the locks with his camera without getting permission in advance.
"Everyone - all members of the public - are welcome on the locks property, and photographs are allowed, and there's no need to get prior permission," she said.
Seattle police spokesman Sean Whitcomb said the department has a duty to respond to reports of suspicious activity.
Calls to the Homeland Security Department were not immediately returned.
In an interview with The Associated Press, Spiers kept his distance from the spot where he was questioned, and wore a button on his camera bag that said: "Annoying but harmless photography student. Do not bend." He made it in early April, after two police officers showed up at his door, saying they were responding to a report about a suspicious man taking pictures at the locks.
Spiers said he'd like to hear one of the officers who questioned him say if they hassled him because his mocha-colored skin and short black hair made him look like a terrorist.
"I'm trying to figure out how not to attract attention," said Spiers, 36. "So far the only thing I can think of is that I can never ever pick up a camera."
In early June, about 100 photographers crowded onto New York City subway trains and snapped pictures of each other in protest of the Metropolitan Transportation Authority's proposed ban on photography in subways and other public transit.
And Brian Fitzgerald, the chief photographer at the Yakima Herald-Republic, said a uniformed security officer tried to prevent him from taking a picture of an immigration office, citing a "law," then calling it a "directive" that gave the officer the right to confiscate any film with pictures of a federal facility.
An officer in charge eventually let him take his photos, and he's since been told there's no reason he can't take them.
"It's frustrating mostly," Fitzgerald said. "I'm not outraged because I didn't get to the point where I didn't get my photos. It just reminds me again how much disinformation there is, even in these agencies that are supposed to know."
Spiers' Web site: http://www.brownequalsterrorist.com/
from the Los Angeles Times, 2002-Aug-14, by Jonathan Turley:
Camps for Citizens: Ashcroft's Hellish Vision
Attorney general shows himself as a menace to libertyAtty. Gen. John Ashcroft's announced desire for camps for U.S. citizens he deems to be "enemy combatants" has moved him from merely being a political embarrassment to being a constitutional menace.
Ashcroft's plan, disclosed last week but little publicized, would allow him to order the indefinite incarceration of U.S. citizens and summarily strip them of their constitutional rights and access to the courts by declaring them enemy combatants.
The proposed camp plan should trigger immediate congressional hearings and reconsideration of Ashcroft's fitness for this important office. Whereas Al Qaeda is a threat to the lives of our citizens, Ashcroft has become a clear and present threat to our liberties.
The camp plan was forged at an optimistic time for Ashcroft's small inner circle, which has been carefully watching two test cases to see whether this vision could become a reality. The cases of Jose Padilla and Yaser Esam Hamdi will determine whether U.S. citizens can be held without charges and subject to the arbitrary and unchecked authority of the government.
Hamdi has been held without charge even though the facts of his case are virtually identical to those in the case of John Walker Lindh. Both Hamdi and Lindh were captured in Afghanistan as foot soldiers in Taliban units. Yet Lindh was given a lawyer and a trial, while Hamdi rots in a floating Navy brig in Norfolk, Va.
This week, the government refused to comply with a federal judge who ordered that he be given the underlying evidence justifying Hamdi's treatment. The Justice Department has insisted that the judge must simply accept its declaration and cannot interfere with the president's absolute authority in "a time of war."
In Padilla's case, Ashcroft initially claimed that the arrest stopped a plan to detonate a radioactive bomb in New York or Washington, D.C. The administration later issued an embarrassing correction that there was no evidence Padilla was on such a mission. What is clear is that Padilla is an American citizen and was arrested in the United States--two facts that should trigger the full application of constitutional rights.
Ashcroft hopes to use his self-made "enemy combatant" stamp for any citizen whom he deems to be part of a wider terrorist conspiracy.
Perhaps because of his discredited claims of preventing radiological terrorism, aides have indicated that a "high-level committee" will recommend which citizens are to be stripped of their constitutional rights and sent to Ashcroft's new camps.
Few would have imagined any attorney general seeking to reestablish such camps for citizens. Of course, Ashcroft is not considering camps on the order of the internment camps used to incarcerate Japanese American citizens in World War II. But he can be credited only with thinking smaller; we have learned from painful experience that unchecked authority, once tasted, easily becomes insatiable.
We are only now getting a full vision of Ashcroft's America. Some of his predecessors dreamed of creating a great society or a nation unfettered by racism. Ashcroft seems to dream of a country secured from itself, neatly contained and controlled by his judgment of loyalty.
For more than 200 years, security and liberty have been viewed as coexistent values. Ashcroft and his aides appear to view this relationship as lineal, where security must precede liberty.
Since the nation will never be entirely safe from terrorism, liberty has become a mere rhetorical justification for increased security.
Ashcroft is a catalyst for constitutional devolution, encouraging citizens to accept autocratic rule as their only way of avoiding massive terrorist attacks.
His greatest problem has been preserving a level of panic and fear that would induce a free people to surrender the rights so dearly won by their ancestors.
In "A Man for All Seasons," Sir Thomas More was confronted by a young lawyer, Will Roper, who sought his daughter's hand. Roper proclaimed that he would cut down every law in England to get after the devil.
More's response seems almost tailored for Ashcroft: "And when the last law was down and the devil turned round on you, where would you hide, Roper, the laws all being flat? ... This country's planted thick with laws from coast to coast ... and if you cut them down--and you are just the man to do it--do you really think you could stand upright in the winds that would blow then?"
Every generation has had Ropers and Ashcrofts who view our laws and traditions as mere obstructions rather than protections in times of peril. But before we allow Ashcroft to denude our own constitutional landscape, we must take a stand and have the courage to say, "Enough."
Every generation has its test of principle in which people of good faith can no longer remain silent in the face of authoritarian ambition. If we cannot join together to fight the abomination of American camps, we have already lost what we are defending.
Jonathan Turley is a professor of constitutional law at George Washington University.
from the Wall Street Journal's OpinionJournal.Com, 2002-Jul-29, by George McGovern:
GATES OF HELL
Flying the Unfriendly Skies
I ran for president once. Now I can't make it past airport security.When I go to an airport these days I don't worry about a terrorist bomb. I've been flying steadily and unsteadily for 60 years, beginning with my days as a bomber pilot in World War II. I've always known that a bomb in somebody's suitcase could blow up the plane I was on, just as I knew every day in 1943-45 could be my last. No one can ever take all the risk out of flying. On the wrong day you can even be hit by a drunken driver going to or from the airport.
But what terrifies me at the airports now is not the terrorists or drunks. It is the fear that I won't be able to get through all the checkpoints, or that my car will be seized for parking within a mile of the airport, or that I will have forgotten my identity card, or that I'll forget one of my shoes while my toes are being examined for explosives, or that my foot odor will offend some examiner and get me arrested as a public nuisance.
I worry that the little nail-clippers in my toilet article bag will be detected by the X-ray machine and get me arrested as a threat to the pilot and flight crew. But most of all I worry about missing the deadline for being checked in, rechecked and checked again before finally reaching my assigned seat flustered, humiliated and exhausted.
On Sunday morning, April 21, 2002, I was trying to make a 7 a.m. Northwest Airlines departure from Sioux Falls, S.D.--in my home state--so that I could make a speech in Portland, Ore. I set my alarm for 4:30 a.m. at my home in Mitchell, an hour's drive from Sioux Falls. Unfortunately, my reputation for fast driving, or what has been disrespectfully described as "low flying," failed me that morning because of an unbelievable late April snowstorm--almost a blizzard. Despite this obstacle I was at the Sioux Falls Airport by 6:30 a.m., a half-hour ahead of flight time. This would have been an unusually early arrival for me in the old days, but not under the terrifying police-state bureaucracy that has now seized our airports.
I parked my car at a respectable and legal distance from the terminal and made it to the ticket counter 20 minutes before flight time. At that hour no other person was in sight except a single Northwest woman at check-in who informed me triumphantly that it was too late for her to check me in. She said I had missed the 30-minute deadline. No amount of pleading, punctuated by the kind of words not ordinarily used by me around a woman, would shake this dutiful employee on guard at the ramparts of freedom. Since I had represented South Dakota in Congress for nearly a quarter century, been nominated for the presidency and been in the news off and on since then, I was quite certain the agent hadn't mistaken me for Osama bin Laden. But she was not to be moved from the grip of bureaucratic devotion. Fortunately, since no one else was in sight, my indelicate language was not heard.
God and logic failed me and I was left sitting at the airport until a slightly more relaxed airline attendant got me to Portland via Denver on United Airlines. Better late than never--I guess.
Next day in Portland I went through the same experience with Delta Air Lines. Glowing from a great standing ovation from a large crowd in Portland after the dedication of the biggest food bank in America, I was determined to be on time for my flight to Washington, D.C., which left the next morning at 6:55 a.m.
I was in a hotel about a mile from the airport and could have walked to the terminal except for a heavy bag and my natural laziness--or is it that I'm now 80? Arranging with the hotel for a ride to the airport I went down at 6 a.m. only to discover that the driver was at the airport with other passengers. He returned at 6:15, and I was at the check-in counter 30 minutes before boarding time--nothing to worry about. This time I discovered that Delta is even more stubborn and rigid than Northwest.
When I pointed out that it was still 30 minutes before departure, the Delta enforcer said, "We quit checking people in 30 minutes before departure." Then as if she had just come down from Mt. Sinai with the 11th Commandment, a supervisor hurried over to tell me that even if they wanted to check me in the computer would not let them do it. Presumably if I had arrived 10 seconds earlier the computer would have said, "This is a loyal American, let him pass."
The computer has become a new weapon of mass destruction to overrule our minds and our common sense. Did I tell you that I am terrified by computers, e-mail and the Internet? The only things worse are automated telephones that tell you to press numbers 1 through 99 and then inform you that the item you want is no longer in stock. Civilization is crumbling before these awful gadgets--although my grandsons are threatening to show me that they are not any more dangerous than the atomic bomb or AIDS.
I'll probably yield to the computer age eventually despite my strong instincts against it. But deep inside I'll never yield to the airport terrorism that President Bush has imposed on us as his answer to Osama bin Laden. I'm willing to shoot bin Laden. I'd even volunteer to fly a bomber against him if we had any idea of what country he is in. But I'm not willing to let fear of Osama bin Laden weaken our civil rights and convert our airports into police-state nightmares.
Mr. McGovern was a U.S. senator from South Dakota, 1963-81, and the Democratic presidential nominee in 1972.
from TPDL 2001-Nov-12, from the Boston Herald 2001-Nov-8, by Michael Lasalandra:
Smallpox plan grants sweeping power
Public health officials want to shut down roads and airports, herd people into sports stadiums and, if needed, quarantine entire cities in the event of a smallpox attack, according to a plan being forwarded to all 50 governors this week.
The plan, drafted at the request of the U.S. Centers for Disease Control, could give states sweeping new powers.
``In tough times you have to make tough decisions,'' said Paul Jacobsen, assistant commissioner for the state Department of Public Health, who said he received a copy of the 50-page plan last week.
``There are times when you may have to evacuate, control facilities and roads (and) the distribution of health supplies, and force people to submit to examinations or be quarantined,'' he said.
``If the alternative is to allow the spread of infectious diseases, it's a no-brainer,'' he said.
The proposed ``model state emergency health powers act'' would have to be enacted by each state legislature. But federal health officials say it is needed to keep smallpox or other infectious agents from spreading.
Jacobsen said the model plan was drawn up with input from the governors, state legislatures, health agencies and others.
One provision of the plan would give health authorities control of private property for quarantine purposes, although Jacobsen said that in Massachusetts the preference would be to use state armories as much as possible. However, he noted such buildings as the FleetCenter could be used.
The model also calls for the rationing of drugs and other medical supplies by public health authorities, if necessary.
Under the proposed model, it would take only a declaration of a public health emergency by the governor to set the law's provisions in motion.
But the model also takes note of potential civil rights problems associated with the law, saying: ``The Act recognizes that a state's ability to respond to a public health emergency must respect the dignity and rights of persons.'' Sen. Richard Moore (D-Uxbridge), co-chairman of the Legislature's health care committee, has filed a bill that would incorporate many provisions of the model law. ``We're not as prepared as we ought to be,'' he said.
The bill would grant the state authority ``to use and appropriate property as necessary for the care, treatment and housing of patients, and for the destruction of contaminated materials.''
It calls for providing training, setting certification standards for administration of medicines, and establishing civil immunity for paramedics, EMS personnel and emergency health workers.
Moore's bill would examine the feasibility of developing a statewide pharmacy communications network to track prescription drug sales and calls for development of a program to certify nurses, including retired or inactive nurses, to be called into action in case of emergency. The bill would also look at the state's hospital capacity and preparedness of public health facilities.
from NPR, 2001-Oct-22/23, by Daniel Zwerdling:
Bioterrorism: Civil Liberties Under Quarantine
Under Quarantine [link to Real Audio segment -AMPP Ed.]
Is the U.S. Legally Prepared for a Smallpox Epidemic?Public health officials are trying to plan in detail how they would contain a contagious disease like plague or smallpox. They say the chances of an outbreak are small, but they warn that a disorganized response could overwhelm law enforcement agencies and threaten civil liberties. Daniel Zwerdling reports for All Things Considered. Oct. 22, 2001.
Oct. 23, 2001 -- As U.S. officials confront the current anthrax threat, they must also consider how they would contain a terrorist-directed outbreak of highly contagious and fatal diseases such as smallpox or the plague.
Public health officials say the chances of an outbreak might be small, but they warn that a disorganized response could overwhelm law enforcement agencies and threaten civil liberties. On All Things Considered, Daniel Zwerdling reports for NPR and American RadioWorks.
Health specialists are turning to history to try to learn how communities could contain an outbreak of smallpox -- one of the most contagious diseases. Anyone walking within six to nine feet of an infected person is likely to the contract the disease.
Natural occurrence of smallpox was eradicated nearly 25 years ago in a campaign led by the World Health Organization. One of the last major outbreaks hit Yugoslavia in 1972, and experts learned some of the most dramatic lessons about quarantine there.
Smallpox had been absent from Yugoslavia for four decades when a single case emerged in 1972. The virus quickly spread to infect more than 150 people. Yugoslavia?s authoritarian leader, Tito, imposed a sweeping quarantine, walling off the victims from the rest of the population. Those infected were isolated in hospitals, while another 10,000 people who had been in contact with the victims were vaccinated and isolated in hotels. Entire blocks were cordoned off with barbed wire and guarded by police -- essentially creating health prison camps.
America's leaders are in fact considering such drastic steps if an outbreak were to erupt. Just two weeks before Sept. 11, officials at the Centers for Disease Control and Prevention drafted a blueprint for fighting an outbreak: They call it the Bioterrorism Preparedness and Response project. The CDC document specifically warns government leaders that in the event of such an outbreak, they should be prepared to take over private property and impose quarantines.
Researchers warn the United States would face many more hurdles if it tried to impose such restrictions than Communist Yugoslavia did. When smallpox hit Muncie, Ind., in 1893, officials tried to quarantine individual houses. Guards were posted outside the front door of each house to keep the family in and neighbors out. But the townspeople refused to have their freedom restricted, and neighbors simply used the back doors to visit.
As the epidemic spread, officials set aside an entire hospital. Some victims refused to go, using guns to protect themselves, while others had their doors knocked in and were dragged out.
More than 100 years have passed, but law enforcement specialists worry that they would have just as much trouble controlling panicky citizens today. Law enforcement agencies say most police aren't trained to deal with such situations -- treating the sick as prisoners -- and neither are current laws equipped to deal with the 21st century war on germs.
That's one of the touchiest issues: If terrorists did trigger a contagious outbreak, could federal and local officials contain it and also protect civil liberties? Larry Gostin, a lawyer and public health specialist at Georgetown University, says government officials could hurt America by overreacting in a panic. But he says it is possible to maintain tolerance, fairness and due process of the law during an epidemic.
Gostin has drafted a model law that all the states could pass to help them contain an epidemic and protect rights. For instance, if terrorists triggered a smallpox outbreak tomorrow, officials in many states wouldn't have the power to seize private buildings to ease crowding in hospitals. Under Gostin's proposed law, they could seize private property, but they would have to compensate the owners fairly.
Researchers do believe that if the government is really prepared to handle a major outbreak, they might not need such a heavy hand. Health officials say most people could live nearly normal lives during an outbreak if the public was alerted to watch for symptoms and then stay home the instant they saw them -- and if public health officials could keep on top of every potential case. But, say researchers, most government officials have a lot of planning to do before they're ready to handle an epidemic.
excerpt from How you became the enemy: America's Military Looks Inward, by Sam Smith, from The Progressive Review:
[...]
The admirals and generals have been gathering . . . to learn what enemy the visionaries from the Central Intelligence Agency see in their future. The answer, it turns out, is not Russia or China or Iraq. It's demographics. Global Trends 2010, a classified study by the CIA's National Intelligence Council, finds that growing populations, widening gaps between rich and poor, and continuing revolutions in communications will incite new ethnic and civil conflicts."
Another study, prepared for the Joint Chiefs of Staff, reports that "mass communications will vividly depict quality-of-life differences, leading to political instability in some places."
These studies tacitly admit what no politician will: that the policies of the past twenty years have been for the benefit of the few at the brutal expense of the many.
While little of such considerations creep into the Quadrennial Defense Review, this is largely because the means of containing alienated civilian populations are relatively inexpensive. The funds required to maintain a calming American presence in scores of countries would be hard to find on one of those DOD charts if placed next to, say, projected aircraft expenditures.
These funds support something the military calls "Operations Other Than War." OOTW covers a wealth of activities including policing urban areas, search and seizure, civil administration, peacekeeping, and supplying food.
According to an article in Commentary, in 1994 "Army units found themselves reacting to a host of OOTW and deterrence missions in Rwanda, Bosnia, Somalia, Cuba, Saudi Arabia, Northern Iraq, Korea, Haiti, and even in California to fight forest fires."
Many of these activities are carried out by Special Operations, the command in charge of low intensity warfare and psychological operations. According to a report in the Tampa Tribune, Special Ops -- comprised of 46,000 personnel from all three services -- averages 280 missions a week in 137 countries.
Such skills can be easily transferred from Rwanda to, say, Watts. The current militarization of American civilian life is simply Operations Other Than War in a more familiar country. Let's review the bidding:
· The National Guard is now deeply involved in the War on Drugs, from flying helicopter missions to providing logistical support for police paramilitary operations in urban areas.
· JROTC courses are now found in more than 2,200 high schools involving some 310,000 students. These courses teach not only military behavior but inculcate military biases into subjects such as American history. In Washington, DC, students perceived to be discipline problems have been told they were required to join JROTC.
· The military is being used to train police officers, inevitably increasing the tendency of citizens to be regarded by these officers as "the enemy."
· The military is ready to provide "overflow facilities for incarceration of those convicted of drug crimes" and "rehabilitation oriented training camps" according to DOD documents. These facilities could be as easily used for incarcerating anyone else for any other reason as well.
· The century-old posse comitatus act, designed to keep the military out of civilian law enforcement, appears to be on its last legs.
· Eight-nine percent of the county's police departments, according to a recent study, have paramilitary units and some of these are used "proactively," deliberately creating fear in minority neighborhoods.
· The military is monitoring the Internet as a potential threat and is working on plans to use the Internet for psychological warfare.
· Plans by the Federal Emergency Management Agency in the 1980s to take over the country in an ill-defined emergency appear to have been only partially dismantled after being exposed in the media (including TPR). Among the most striking aspect of these emergency plans was the absence of any provision for a legislature or judiciary. In any event, a long list of presidential directives provide for a massive transfer of political power to the executive branch under uncertain circumstances and even less certain constitutional protections.
Such steps have been prepared without any public debate about who should run the country in a genuine emergency. The Constitution does not address the matter directly, but since martial law is not one of the powers delegated to federal government, it seems clear that in a catastrophe -- say a nuclear attack on Washington -- the country should properly be run by the fifty states. Unfortunately, the governors of these states do not have the power to enforce this view. In fact, their state militias -- once a jealously guarded symbol that we were indeed "united states" -- have been greatly federalized
Occupying urban America
A study reported in the academic journal Social Problems found that 89% of the over 500 police departments it surveyed had fully functioning special operations units trained and modeled on military principles. For all practical purposes, these units represent a military force whose target is American communities and citizens. Not only has the number of paramilitary police units soared but the level of their activity has exploded as well. Between 1980 and 1995, the number of incidents involving paramilitary units has quadrupled.
The study, conducted by Peter B. Kraska and Victor E. Kappeler of Eastern Kentucky University, was carefully designed to elicit the cooperation of police departments. Some police officers spoke with brutal frankness:
"We're into saturation patrols in hot spots. We do a lot of our work with the SWAT unit because we have bigger guns. We send out two, two-to-four men cars, we look for minor violations and do jump-outs either on people on the street or automobiles. After we jump-out the second car provides periphery cover with an ostentatious display of weaponry. We're sending a clear message: if the shootings don't stop, we'll shoot someone."
But are these units really going after the truly dangerous? Out of all 1995 incidents, civil disturbances and terrorist events amounted to one percent each, hostage situations 4% and barricaded persons, 13%. Conducting what the police call "high risk warrant work" (overwhelmingly drug raids) accounted for 76% of the paramilitary operations.
Here are some of the other facts the researchers uncovered:
· Many paramilitary units conduct between 200 to 700 warrant or drug raids a year. These are almost exclusively no-knock entries.
· A paramilitary unit in Chapel Hill NC conducted a crack raid of an entire block in a black neighborhood. Up to 100 persons were detained and searched, all of whom were black (whites were allowed to leave the neighborhood). There were no prosecutions.
· Some 20% of the units regularly patrol just as a display of force, often dressed in extreme military garb, including ninja type uniforms. Police in Fresno CA refer to their patrol area as the "war zone."
· Such tactics are not limited to big cities. In fact, more and more smaller towns have their own paramilitary units. For example: "One mid-west police department that serves a community of 75,000 people patrols in full tactical gear using a military armored personnel carrier (termed a 'Peace Keeper' as their transport vehicle." Says the commander, "we stop anything that moves." Another town's paramilitary commander told the researchers, "When the soldiers ride in you should see those blacks scatter."
· Some of these police departments admit to using "community policing" funds for these military operations. In fact, 63% of those responding to a question on the matter agreed that the paramilitary units "play an important role in community policing strategies." One self proclaimed community policing chief said: "It's going to come to the point that the only people that are going to be able to deal with these problems are highly trained tactical teams with proper equipment to go into a neighborhood and clear the neighborhood and hold it; allowing community policing and problem oriented policing officers to come in and start turning the neighborhood around."
· The nation's capital is being turned into a Singapore on the Potomac as congressional appointees exercise plenary powers on behalf of corporate friends -- with total contempt for elected officials and the citizenry. The Washington DC school system is being run by a retired general of dictatorial inclinations and right-wing ideology. A buddy of Clarence Thomas and a man of no apparent competence in the field of education, Gen. Julius Becton commutes miles into the city and has provided high-paying jobs to old Army comrades, including the former director of the Department of Defense's only maximum security prison.
· An active duty military officer has been put in charge of a state National Guard unit for the first time in American history.
· Several active-duty special operations units have reportedly been quietly integrated into National Guard units.
· The FBI's deputy chief for domestic terrorism is an active duty colonel, despite the century-old posse comitatus act's prohibition on the military taking part in domestic law enforcement.
· Two hundred troops and nine helicopters invaded Pittsburgh the night of June 3, 1996, in what was later described as a routine training exercise but sure fooled a lot of the city's residents. They flooded 911, talk shows, and local media with worried calls. The exercise appears to have been part of an attempt to acclimatize citizens to an increasing military presence in civilian life. Similar exercises have taken place in at least 20 other cities.
· The Pentagon's manual on "domestic support operations" gives a chilling view of how the military sees its role in a post-Cold War America. Says the manual: "Today . . . is a new awareness of the benefits of military assistance to improve the nation's physical and social infrastructure." The role the military projects is extra-ordinarily broad including disaster assistance, environmental missions, law enforcement, and community action. In a section that may have been lifted from a guide to the Vietnam village pacification program, the Army notes that "domestic support operations provide excellent opportunities for soldiers to interface with the civilian community and demonstrate traditional Army values such as teamwork, success-oriented attitude, and patriotism. These demonstrations provide positive examples of values that can benefit the community and also promote a favorable view of the army to the civilian population."
· A remarkable article by military historian and strategist Martin van Creveld in the Los Angeles Times last July 30 gives the flavor of what's in store. Van Creveld argued that "the military systems built up over the past decades are proving useless in the face of the greatest security threat of the next century: terrorism." The reason: these forces "have discovered that their weapons are too cumbersome and their organization too complex for anti-terrorist and anti-guerrilla actions. . .
"In many countries, militaries originally designed for interstate warfare are already taking an active part in the struggle against internal opponents. Others are preparing to take the same road. In France on July 14, police units joined the army in marching down the Champs Elysees for the first time. In the peaceful Netherlands, the Marechausee, or riot police, now forms the fourth service besides army, navy and air force. . .
"As the 20th century draws to an end, it is time that military commanders and the policy makers to whom they report wake up to the new realities. In today's world the main threat to many states, including specifically the US, no longer comes from other countries. Either we make the necessary changes, or what is commonly known as the modern world will lose all sense of security and dwell in perpetual fear."
[...]
from Wired, 2001-Oct-26, by Declan McCullagh:
Terror Act Has Lasting Effects
WASHINGTON -- Legislators who sent a sweeping anti-terrorism bill to President Bush this week proudly say that the most controversial surveillance sections will expire in 2005.
Senate Judiciary chairman Patrick Leahy (D-Vermont) said that a four-year expiration date "will be crucial in making sure that these new law enforcement powers are not abused." In the House, Bob Barr (R-Georgia) stressed that "we take very seriously the sunset provisions in this bill."
But the Dec. 2005 expiration date embedded in the USA Act -- which the Senate approved 98 to 1 on Thursday -- applies only to a tiny part of the mammoth bill.
After the president signs the measure on Friday, police will have the permanent ability to conduct Internet surveillance without a court order in some circumstances, secretly search homes and offices without notifying the owner, and share confidential grand jury information with the CIA.
Also exempt from the expiration date are investigations underway by Dec. 2005, and any future investigations of crimes that took place before that date.
On Thursday, Attorney General John Ashcroft vowed to publish new guidelines as soon as the president signs the bill, which is expected to happen Friday. "I will issue directives requiring law enforcement to make use of new powers in intelligence gathering, criminal procedure and immigration violations," Ashcroft said.
President Bush said this week that he looks forward to signing the USA Act, which his administration requested in response to the Sep. 11 hijackings, "so that we can combat terrorism and prevent future attacks."
During the Senate debate Thursday, the lone critic of the bill was Russ Feingold (D-Wisconsin), who introduced an unsuccessful series of pro-privacy amendments earlier this month.
"We in this body have a duty to analyze, to test, to weigh new laws that the zealous and often sincere advocates of security would suggest to us," Feingold said. "This is what I have tried to do with this anti-terrorism bill. And that is why I will vote against this bill."
Feingold said the USA Act "does not strike the right balance between empowering law enforcement and protecting constitutional freedoms."
But not one of his colleagues joined him in dissent. Sen. Chuck Schumer (D-New York) seemed to speak for the rest of the Senate when saying "the homefront is a war front" and arguing that police needed new surveillance powers.
Sen. Mary Landrieu (D-Louisiana) did not vote.
Other sections of the USA Act, which the House approved by a 357 to 66 vote on Wednesday, that do not expire include the following:
- Police can sneak into someone's house or office, search the contents, and leave without ever telling the owner. This would be supervised by a court, and the notification of the surreptitious search "may be delayed" indefinitely. (Section 213)
- Any U.S. attorney or state attorney general can order the installation of the FBI's Carnivore surveillance system and record addresses of Web pages visited and e-mail correspondents -- without going to a judge. Previously, there were stiffer legal restrictions on Carnivore and other Internet surveillance techniques. (Section 216)
- Any American "with intent to defraud" who scans in an image of a foreign currency note or e-mails or transmits such an image will go to jail for up to 20 years. (Section 375)
- An accused terrorist who is a foreign citizen and who cannot be deported can be held for an unspecified series of "periods of up to six months" with the attorney general's approval. (Section 412)
- Biometric technology, such as fingerprint readers or iris scanners, will become part of an "integrated entry and exit data system" with the identities of visa holders who hope to enter the U.S. (Section 414)
- Any Internet provider or telephone company must turn over customer information, including phone numbers called -- no court order required -- if the FBI claims the "records sought are relevant to an authorized investigation to protect against international terrorism." The company contacted may not "disclose to any person" that the FBI is doing an investigation. (Section 505)
- Credit reporting firms like Equifax must disclose to the FBI any information that agents request in connection with a terrorist investigation -- without police needing to seek a court order first. Current law permits this only in espionage cases. (Section 505)
- The current definition of terrorism is radically expanded to include biochemical attacks and computer hacking. Some current computer crimes -- such as hacking a U.S. government system or breaking into and damaging any Internet-connected computer -- are covered. (Section 808)
- A new crime of "cyberterrorism" is added, which covers hacking attempts causing damage "aggregating at least $5,000 in value" in one year, any damage to medical equipment or "physical injury to any person." Prison terms range between five and 20 years. (Section 814)
- New computer forensics labs will be created to inspect "seized or intercepted computer evidence relating to criminal activity (including cyberterrorism)" and to train federal agents. (Section 816)
Note: John Magaw was tossed out of government shortly after the federalization of the airport passenger screeners.
from www.sierratimes.com/, 2002-Jan-15, by Sean Finnegan:
Meet the New Magaw
While the country was riveted to the Enron mess few noticed that President Bush in a recess appointment placed John Magaw as his pick for Under Secretary of Transportation Security at the Department of Transportation created in the wake of 9-11, as undersecretary he will set standards for hiring and training airport screeners, supervise employees and develop plans to deal with threats to transportation. He also is given the power to bypass normal rule-making procedures if he "determines that a regulation or security directive must be issued immediately in order to protect transportation security. In addition the agency, taking shape following the aviation security bill, will oversee airport security screeners and air marshals, as well as security efforts at U.S. rail, bus and seaport operations.
Of course I took a look at the guy and what I found wasn't good. So rather than throw insults and innuendo at the guy I'll just let his record speak on his behalf.
John Magaw started his career as a trooper with the Ohio State Patrol in 1959. He made the jump to the fed meal ticket in 1967 as a special agent with the U.S. Secret Service. He eventually ended up becoming then Vice-president Bush's security detail head during the Reagan years. And when Bush Sr. was elected president he was given the nod to head the presidential detail.
Magaw was appointed director of the BATF after the Waco massacre in 1993 by Clinton. In a Washington Times article in November of that year he stated that he was determined that other religious "cults" not develop into "armed compounds." He said, "They're out there. They don't yet have the kind of weaponry that we saw in Waco. . .but they will develop if society allows them to." Magaw said BATF is keeping tabs on "cult-like organizations" in "three or four places around the country. . .We're trying to monitor way early in the game."
During the investigation it was discovered that prior to the 51 day siege that the BATF had ample time to incarcerate David Koresh but for reasons unknown chose to confront him at the home in Waco. The result of which was dead agents and a protracted engagement that ended with dead women and children who were roasted to death at the hands of federal agents. Magaw had certainly jumped in to the hot seat but he did well in protecting the government party line.
Not that Magaw wasn't used to holding the bag. He was just getting started. During the Ruby Ridge assault and the aftermath Magaw under the lights of Congressional hearings and following statements by BATF agent Herbert Byerly when confronted with allegations that the agency had made mistakes in the murder of Vicky Weaver Magaw defended the false information his agents provided other government officials as attempts "to ensure caution." Magaw was called out on his testimony more than once as "not correct." In 1995 a redneck from Alabama shot video of a traditional gathering known as the "Good Ol' Boys Roundup" which included racist's signs and slogans and skits that included simulated sex acts and torture between white and black faced participants. The problem was the participants were for the most part agents of the BATF, FBI, DEA, Secret Service, U.S. Marshals Service and other federal agencies. The media got a hold of the story and congress had a hearing and in July of that year and once again Magaw was in the hot seat. And eventually the story died.
During his tenure at the BATF John Magaw was in charge of the following activities by his agency:
" The aftermath of Waco and Ruby Ridge. " The 1994 investigation of David Scott and his neighbors who were grilled about his political views, weapons ownership, habits, etc. All because he had discharged a "spudgun." " The 1995 crackdown on Colorado FFL dealers and in particular the owner of a small dealership who dealt locally. Apparently he had not checked the form when a customer made the mistake of using the current date on the birth date line. When the BATF questioned him about the mistake they asked him about the mistake. He offered to have the customer come in to answer but the agents shifted tactics and informed him that he was operating his business in violation of local zoning laws. He was given the choice to give up his license or fight it in court. He gave up his license. " In 1994 Monique Montgomery was woken at 4:30 AM to the sounds of a no-knock search warrant. She did what anyone else would do and armed herself and for the trouble she was granted four shots. She survived and the facts surrounding the warrant were explained as "drug related." " In 1993 Janice Hart came home from grocery shopping to find her home being ransacked by federal agents looking for Janice Harrell. The only problem was they had the wrong house. Ms. Hart was taken to her basement and questioned for hours while her daughter Nina, 12, had her knee injured by an agent who slammed the car door when she tried to get out. Janice eventually proved her innocence but still has nightmares to this day. " 75 federal agents from the BATF stormed an Atlanta car parts store to recover and investigate some allegedly stolen tires. When questioned about the excessive use of force one of the agents responded, "Better safe than sorry."
In a congressional inquiry John Magaw claimed, "In the past decade, ATF agents have served over 10,000 search warrants. Not one of them has led to any finding of constitutional violations by an employee acting outside the scope or his or her authority."
During the aftermath of the April 19, 1995 bombing of the Murrah Building in Oklahoma City Edye Smith remembers the day like few will. She had dropped her two children off at the day care on the second floor. And at 9:02AM she was blowing out the candles on her birthday cake at work a few blocks away when the building exploded. She ran to the destruction but as she came close to the building she knew, "our babies were gone."
She began to notice that no ATF agents were listed on the casualty list from the bombing. And she looked in to it. She asked U.S Attorney Pat Ryan about where were the ATF agents on the 19th. He brushed her off by saying they were playing golf in a tournament in Shawnee. May 23rd the same day the building was demolished she was on CNN and said, "Where the hell was the ATF, I want to know? All fifteen or seventeen of their employees survived, and they were on the ninth floor. They were the target of the explosion, and where were they? Did they have a warning sign? Did they think it might be a bad day to go in to the office?"
No ATF agents were harmed in the bombing just two clerical staff.
Lester Martz of the ATF Dallas office said in a press interview, "We were there and we were heroes." He went on to describe how Alex McCauley was trapped in an elevator at the time of the bombing. The problem is Edye checked up and found that Midwestern Elevator was involved in the search effort and they said that when they searched the elevators that they all were empty.
Edye was left wondering why the ATF was not harmed in the bombing and that they would lie about heroics that didn't exist but she wasn't prepared for John Magaw during a live television interview saying, "I was very concerned about that day (April 19) and issued memos to all our field offices. They were put on alert."
Another aftermath of the OKC bombing was the passage of Clinton's Anti-Terrorism bill in April of 1996.
The "Gun Free Zones Act" of 1996 was passed and the ATF was given the authority to enforce it but the act didn't stop the Columbine massacre in April 1999. But the bill did prevent home schooling parents from owning firearms as the home was now a school.
Magaw moved up from ATF to FEMA in 1999. He was appointed as the Senior Advisor to the Director of terrorism preparedness. In that role, he planned and coordinated FEMA's domestic terrorism preparedness efforts. He was scrutinized by many as the person to deal with possible unpleasantness in the 2000 rollover. He's also the one who was in charge of domestic terrorism when we were attacked on 9-11. So what does he get for his hard work? A promotion.
He was appointed by President Bush to the newly created position of Under Secretary of Transportation Security at the Department of Transportation. The appointment lasts longer than the term of the president and he will have daily access to the top U.S. intelligence and he will be empowered to issue emergency government regulations at will. His responsibilities will include the nation's skies, airports, highways, trains, buses, ports and waterways.
"I cannot think of anybody other than the president of the United States who has this much executive or rule-making ability on their own," said Representative John Mica, a Florida Republican who helped draft the "Aviation and Transportation Security Act" (PL 107-71). The law sets deadlines for improving aviation security: Jan. 18, 2002, for inspecting all checked baggage for explosives, and Feb. 17, 2002, for shifting responsibility for airport security checkpoints from the airlines to the federal government. The new office has until Nov. 19, 2002, to deploy 28,000 checkpoint screeners it has trained.
Among Magaw's responsibilities are appointing officers who can carry guns, seeking and carrying out arrest and seizure warrants, appointing security managers at each US airport, deploying security officers at airports, setting standards for cockpit security, and assigning armed air marshals to flights.
The law goes on to say, "If the undersecretary determines that a regulation or security directive must be issued immediately in order to protect transportation security, the undersecretary shall issue the regulation or security directive without providing notice or an opportunity for comment and without prior approval of the secretary."
Not bad for a guy who has been left holding the bag most of his career. President Bush, who it's rumored, likes to give his gang nicknames might want to call Magaw "Rainbow." He only shows up after the storm. But in this case I think he might be ahead of the storm. Pay attention.
In his new capacity Magaw will have dominion over all manner of transportation but specifically the manner in which identification is accepted. Specifically congress has delegated Transportation to develop a set of standards of its own. And since the National I.D. didn't go well they came up with driver's license standards for the states. More specifically the department was told by congress to develop, "model guidelines for encoded data on driver's licenses."
And what did the states have to say about this? The American Association of Motor Vehicle Administrators only asked for $70 million in funding to build the system. Jason King a spokesman for the group said, "There's no need to create a second national ID card. You already have one. We're just talking about making it better and more secure." Among the improvements are fingerprints and facial photo scans to get a license to drive.
King went on to say that state identification cards ought to come with biometric bar codes that contain various data and should be able to be linked to federal agencies such as the FBI, IRS, the Immigration and Naturalization Service, and others. National ID cards "are of little use unless they're connected with a centralized database," said Bob Levy, senior fellow in constitutional studies at the Washington D.C. based CATO Institute.
So there you have it. President Bush has put a guy who has dodged more bullets than Reagan and came out smelling like a rose all the while protecting the reputations of four presidents and now he's in charge of one of the most mysterious agencies ever created with more power than can be imagined. Who would have thought that when Dubya was elected that he would appoint a Clinton bag man with blood on his hands to a position that will outlast his current term with a pay scale higher than a cabinet position and a 30% bonus if he does a good?
I'll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around
Pick up my guitar and play
Just like yesterday
Then I'll get on my knees and pray
We won't get fooled againNo, no
The Who: "Won't Get Fooled Again"
from TPDL 2001-Oct-31, from the Washington Post p.A26:
Why Not Disclose?
THE DEPARTMENT of Justice continues to resist legitimate requests for information regarding the 1,017 people it acknowledges having detained in its investigation of the Sept. 11 attacks on the World Trade Center and Pentagon. Civil liberties and other groups have been reduced to filing a request for the data under the Freedom of Information Act. It ought not come to that.
The questions are pretty basic. How many of the 1,000-plus are still in custody? Who are they? What are the charges against them? What is the status of their cases? Where and under what circumstances are they being held? The department refuses not only to provide the answers but also to give a serious explanation of why it won't provide them. By withholding the information, it seems to us to create a larger problem than any it might solve.
The government has an enormously difficult and in some ways contradictory task. It must do its utmost not just to prosecute any surviving conspirators in the Sept. 11 attacks but also to try to prevent a recurrence. At the same time, lest it abandon some of the very principles for which it is fighting, it must act within traditional constitutional bounds. There have been some assertions -- no more than that -- that in the mass arrests thus far it has occasionally exceeded those bounds. The attorney general says no, even as his department intensifies its efforts through the additional powers that Congress granted in the anti-terrorism bill last week.
The civil rights groups rightly observed in a letter to the attorney general the other day that the government's "official silence prevents any democratic oversight of [its] response to the attacks." If the government's response has been as benign as claimed, why not release the data and put the questions that have begun to arise to rest?
from the Washington Post, 2001-Sep-26, p.A4, by John Lancaster, staff writer:
Senators Question an Anti-Terrorism Proposal
A Bush administration proposal that would permit the indefinite jailing of noncitizens suspected of having ties to terrorist groups goes well beyond existing law and may be unconstitutional, several key senators said yesterday.
As part of its proposed anti-terrorism bill, the administration wants to "enhance the authority of the Immigration and Naturalization Service to detain or remove suspected terrorists from within our borders," Attorney General John D. Ashcroft told the Senate Judiciary Committee yesterday.
Ashcroft said the provision would apply only to foreigners who already are subject to deportation proceedings for violations of immigration law. But several senators questioned that interpretation. They said the measure would allow the government to jail any noncitizen deemed threatening to national security, without revealing proof and whether or not the detainee was subject to deportation on other grounds.
"Many of us have serious concerns about the administration proposal to detain someone indefinitely on the mere suspicion" of involvement in terrorism, said Sen. Edward M. Kennedy (D-Mass.), who chairs the immigration subcommittee of the judiciary panel.
The immigration proposal has emerged as one of the most contentious elements of the administration's anti-terrorism bill, a hastily drafted response to the Sept. 11 jetliner attacks on New York and Washington. The bill would also strengthen the ability of law enforcement agencies to conduct domestic surveillance and promote the sharing of information among law enforcement and intelligence agencies.
President Bush used a brief appearance at FBI headquarters in Washington to lobby for the package. "Ours is a land that values the constitutional rights of every citizen, and we will honor those rights, of course," Bush said. "But we're at war . . . and in order to win the war, we must make sure the law enforcement men and women have got the tools necessary, within the Constitution, to defeat the enemy."
During a lunch with Republican senators at the Capitol, Vice President Cheney asked the lawmakers to try to get the legislation through Congress no later than Oct. 5, a Republican leadership aide said.
Lawmakers generally share the desire for haste, and the tone of yesterday's hearing was cordial. Sen. Patrick J. Leahy (D-Vt.), the Judiciary Committee chairman, said he agrees with a number of administration requests, including one that would permit law enforcement agencies to monitor cell phone and e-mail communications among suspected terrorists, as well as those transmitted over ordinary telephones. Such "roving wiretaps" are currently permitted for investigations into certain kinds of criminal activity, but not terrorism.
Also at yesterday's hearing, senators questioned Ashcroft about bureaucratic missteps that may have played a role in the attacks. Noting that two of the 19 suspected hijackers had been placed on an FBI "watch list" of potential terrorists, Leahy asked whether their names had been shared with the Federal Aviation Administration. Ashcroft said the names had not been passed on.
Sen. Orrin G. Hatch (R-Utah), the ranking Republican on the committee, said he had no problem with the administration bill, calling it "a measured, targeted response to what we're facing here," and one that is "long overdue."
Sen. Arlen Specter (R-Pa.) joined Kennedy in raising doubts about the immigration-related proposal, saying it appeared to permit the detention of noncitizens "without any evidentiary basis." Ashcroft said he was open to suggestions. "Obviously, we need to clarify this because we don't want something to have an effect which we don't intend," he said.
from TPDL 2001-Oct-30, from the Sacramento News and Review 2001-Oct-25, by R.V. Scheide:
Homeland Insecurity
A Sacramento journalist is taken into custody by police and forced to destroy photos by an over-zealous National Guardsman. Apparently, the terrorists are indeed causing instability.
The Southwest Airlines Boeing 737 sighed as its wheels kissed the Los Angeles International Airport tarmac. Flight 1206 out of Sacramento taxied to the gate, and my fellow passengers and I released our white-knuckle grips on the foam-covered armrests of our seats. No one’s throat had been slit. We hadn’t flown into a skyscraper. We’d made it, safely, much to our collective relief.
It was 5:05 p.m. on Friday, October 12, and we had call to be apprehensive. The previous day, the FBI had placed the entire nation on high alert, based on “credible” information that Al Qaeda, the terrorist organization headed by Osama bin Laden, was planning reprisal attacks on U.S. soil for the coming weekend. The bureau urged Americans to report any suspicious activity. Friday morning, armed troops from the California National Guard were deployed at Sacramento International Airport.
America, as we’ve been told over and over since September 11, is forever changed. Nowhere is this change more evident than in our approach to national security. Practically overnight, major metropolitan airports across the country have been turned into militarized zones crawling with armed soldiers and police. Their presence is designed to deter terrorists and provide us with a sense of security, but as I was about to discover, that security has come at a high price.
I’d purchased a roundtrip ticket from Sacramento International to LAX to observe firsthand the unprecedented measures being taken to combat terrorism. There’d been more than a little fear and paranoia in Sacramento and I expected to find more of the same in Los Angeles.
I didn’t expect to be ordered to destroy photographs by an irate National Guardsman. I didn’t expect the Los Angeles Police Department to confiscate and read the notes I’d taken on my trip. I didn’t expect to be questioned by the FBI and detained for nearly three hours for no probable cause.
I didn’t expect any of these things, but that’s what happened. As I followed my fellow passengers up the jetway and into the LAX terminal, I had no idea I was stepping onto the War on Terrorism’s first domestic battlefield, where, as in all wars, truth was about to become the first casualty.
Terminal 1 at LAX is usually jam-packed with people, but there were no friends or relatives waiting to greet loved ones at the gate. As part of the heightened security precautions, only ticketed passengers are permitted to pass through the metal detectors and into the boarding areas. That’s why the area between the security checkpoint and the aircraft is called the “sterile zone.” Everyone who has been allowed to enter the sterile zone has been checked out. Everyone is “clean.”
I checked the time of my return flight on the monitor at the gate and discovered that because of a ticketing error, I only had a 15-minute layover--barely enough time to walk down to the security checkpoint and back--to catch my return flight. In Sacramento, I’d taken photographs of Guard members, armed with M-16s and pistols, taking positions behind the personnel operating the metal detectors at the security checkpoints. I’d seen other passengers take photos. I figured I’d snap a few pictures of the LAX security checkpoint and board my return flight. I figured wrong.
As I reached the checkpoint, I saw that the four guardsmen were deployed in exactly the same fashion as in Sacramento, behind the metal detectors. I removed the small digital camera from the right breast pocket of my leather jacket and took several photographs of the armed citizen-soldiers. I had just turned to head back to the gate when a loud voice boomed at me from the direction of the checkpoint.
“Hey you! What are you doing?”
A California National Guardsman, a big guy with a buzz-cut dressed head-to-toe in camouflage army fatigues, was moving rapidly toward me. I froze as he approached. He came so close it seemed impossible he wasn’t touching me.
“Did you take my picture?” he asked angrily. “Did you take my picture?”
“I’m a journalist, working on a story about airport security,” I told him.
“You can’t take pictures here,” he said.
“Says who?” I asked.
“Says me!” he barked.
He moved next to me, shoulder-to-shoulder, so he could view the camera’s display screen. “You are going to show me the pictures you took, you are going to delete the pictures you took, and you are going to show me that they are deleted!” he breathed down my neck.
“This is a public space, I have every right to be here,” I said. “There are no signs that say you can’t take pictures here.”
“Either you delete the photos, or I’m taking you to a room, and you can talk to my superiors. You can talk to the FBI.”
Normally, I would have stood my ground. I would have talked to his superiors, the FBI. I was 99 percent certain that I had every right to take photographs of the California National Guard at the LAX checkpoint. Nothing I had read about the new security precautions, no one I had talked to, including other Guard members, had advised me otherwise.
But these are anything but normal times, and the slight shadow of doubt that had entered my mind, weighted by the intimidating behavior of the guardsman, caused me to make a questionable decision, at least from a journalistic viewpoint. I showed him the photos I had taken of the checkpoint, he objected to every one of them, and he ordered me to delete them. So I deleted them. I looked at the guardsman’s I.D. badge and wrote his name down.
“What are you doing!?” he screamed. By now, his face had visibly reddened. “Don’t you write my name down!!”
What strange universe had I entered? What was I supposed to do, cross his name out? Force myself to forget it? The guardsman’s anger seemed totally out of proportion to the situation. To put it bluntly, he scared the living hell out of me. Only the timely intervention of a female Los Angeles Police Officer smoothed the scene over. She asked to see my I.D., ascertained that my California Driver’s License was valid, and allowed me to proceed back into the terminal to catch my flight.
“Hey!” the guardsman yelled as I was departing. “Where’s your ticket?”
I pulled it out of my left breast pocket, where it had been in plain view during the entire encounter, and showed it to him from 10 feet away.
“Right here,” I said.
He didn’t ask to look at it more closely, to see if it was actually a valid ticket, so I left, beaten (I’d been forced to delete my photographs) but not broken--I was still going to catch my flight home.
Or so I thought. I reached the gate at the absolute last second and was permitted to board the plane. The flight was nearly full, and I took one of only two empty seats in the back. Several passengers chuckled at my hurried, flustered appearance. I began to furiously scribble in my reporter’s notebook, trying to capture all the details of what had just transpired before they faded from memory. The plane was on the verge of pulling out of the gate when an LAX Southwest Airlines employee--not a member of the plane’s crew--materialized in front of me.
“Sir, I’m going to have to ask you to exit the aircraft,” he said.
I’d been on board no longer than three minutes. As I limply followed the Southwest employee out of the plane and up the jetway, I knew who would be waiting on the other side of the door.
Two LAPD police officers greeted me at the gate. The California National Guardsman was standing behind them. Officer Brennan, the same policewoman who had just checked my I.D., now informed me that passengers from both of my flights, the one into LAX and the one I had just been removed from, had complained about my “suspicious behavior.”
“Who complained?” I asked her.
“I can’t tell you that, sir,” she said.
“What suspicious behavior?” I asked.
“They said you were going through overhead compartments and writing things down.”
“I have one carry-on bag,” I said, indicating my backpack. “I placed it under the seat in front of me on both flights. I didn’t even touch an overhead compartment. And since when is writing in a notebook considered suspicious activity?”
“We’re going to have to detain you, sir.”
The guardsman smirked behind her.
“You both know I’m a journalist,” I said.
“Yeah, you said you were working on a story about airport security,” the guardsman said. “What do you want to do, give away our security positions to the enemy?” I stared at him incredulously as the second LAPD officer, Ramirez, confiscated my notebook.
“Do you have press credentials?” he asked.
Uh-oh. I’m a freelance writer. I don’t even carry a business card, just my California Driver’s License, my Social Security card, and a bunch of credit cards. For all they knew, I was Joe Q. Ticketed Passenger walking around the terminal taking notes and photographs, which, I was still 99 percent certain, was completely within my rights. “I don’t need press credentials to be in an airport,” I declared. “Give me back my notebook.”
Instead, Ramirez passed the notebook to Brennan, who leafed through it with the guardsman while Ramirez sternly advised me to “shut up” and “stop asking questions.” My handwriting is worse than a doctor’s, and Brennan thought I’d misspelled her name. She guffawed and elbowed the guardsman. He got an even bigger kick out of my initial description of him as “unarmed.” I hadn’t noted his gun until later.
“You got that wrong,” he said, smugly patting the pistol strapped to his side.
“Turn the page,” I said curtly.
My acquiescence was giving way to anger. I had followed the guardsman’s direct order to delete the photographs, against my better judgment. That should have placated him, in my opinion. I couldn’t help feeling that the guardsman and the LAPD were now harassing me for daring to put up any verbal resistance at all. Brennan’s explanation that I had been detained because unnamed persons had observed me acting suspiciously on both flights didn’t wash. “Who are these witnesses?” I kept asking. “What did I do?” She didn’t have to answer my questions, she said, because of “operational security,” and “new FAA regulations.” Then she took my ballpoint pen, “because it could be used as a weapon.”
She wasn’t being ironic. In fact, the idea that a pen could literally be used as a weapon had occurred to me before boarding Flight 1206. A month ago, such thoughts would have been considered unusual. Now, they constitute the mindset of the average American air traveler. I’d discovered as much earlier that day at Sacramento International.
I arrived at the airport at 11 a.m., just as several local TV crews were setting up their remote units in front of Terminal A. The California National Guard had deployed earlier in the morning, and it was big news. Reporters, photographers and TV camera operators were gathered on the terminal’s second level, observing ticketed passengers as they moved through the metal detectors. Occasionally, a guardsman shouldering an M-16 could be glimpsed behind the checkpoint, but otherwise, it was a dull photo opportunity. The only way to pass through the checkpoint and into the sterile zone, where the Guard was actually posted, was to buy a ticket.
It took 25 minutes to pass through the line at the Southwest Airlines counter. The customers waiting in line were clearly more jittery than usual; eye contact and conversations between strangers were rare; furtive, nervous glances were the norm. A healthcare executive from Kansas City who said he’d flown seven times since September 11 told me about two women he’d seen detained for periods of time in two separate airports. They’d been very upset, he said, but “we’re just going to have to get used to it.”
After purchasing the ticket, I waited in line at the security checkpoint, removing the laptop computer out of my backpack as instructed by a makeshift sign in the staging area. I also removed my camera and my tape recorder, just in case. The line ahead of me stalled for several minutes; passengers grumbled. When it was my turn, I placed my devices, along with the backpack, on the conveyor belt and passed through the checkpoint without setting off any alarms. I was in the sterile zone.
I proceeded to photograph the half-dozen or so guardsmen at the Sacramento checkpoint from approximately 30 feet away. I took several shots, then interviewed California Air National Guard Captain Jeff Wurm, the officer in charge of the detail. In civilian life, Wurm is a computer programmer and analyst. Now he’s commanding a squad on the frontlines of the War on Terror. Like all National Guardsmen currently patrolling the nation’s airports, he and the members of his unit had received two days FAA airport security training before being deployed.
“What we’re here for is security and deterrence,” Wurm said. Translation: The Guard were there to be seen, and the citizen-soldiers at Sacramento didn’t flinch when an occasional passerby snapped a photograph of the newly militarized checkpoint. Although a few people gaped at the camouflaged men carrying automatic weaponry in the airport, most thanked the Guard for being there.
During the half-hour I observed the checkpoint, I saw no obvious profiling of passengers going through. The California National Guard is supervising the process; all the screening at the checkpoints is still conducted by security personnel subcontracted by the airlines. A few passengers complained about being subjected to extra searching, usually because metal objects they didn’t know they had been carrying had set off the metal detector. “It’s like down at the jail,” said one man whose steel-shanked boots had set off the buzzer. He was allowed to continue after removing his boots and being thoroughly “wanded” with a hand-held metal detector. I was interviewing a man who had forgotten he was carrying a Buck knife when two Sacramento sheriff’s deputies, J. Coe and Doug Diamond, approached me. A passenger had reported a suspicious-looking man in a leather jacket hanging around the checkpoint. I explained that I was on assignment for the Sacramento News & Review.
“Oh, I like that paper,” said Deputy Coe.
I had showed them my driver’s license, and they had allowed me to continue doing what I was doing.
Fast-forward to LAX three hours later. As up to 10 LAPD officers guarded me near the Southwest Airlines Gate 12, I wondered what had gone wrong. No one could tell me what I’d done, and no one seemed to know what to do with me. They were waiting for some other authority, the FAA or the FBI, they weren’t sure, to show up. I’d been standing since the ordeal had begun; I took off my backpack and sat down on the floor behind the check-in counter in a yoga position as the police continued to stand around. I closed my eyes and began taking deep breaths. When I opened my eyes, a male passenger in the boarding area was staring at me like I was the dog-faced boy at the circus.
“I’m a journalist!” I yelled. His brow furrowed in concern, then he moved away. Other people in the boarding area were regarding me nervously. An LAPD sergeant, a burly Hispanic man, arrived. I stood up.
“You understand sir, this is a national security measure, and we’re going to have to check with the FAA to clear it,” he said. “You know they might not let you back on the airplane. You make people nervous.”
“How do I make people nervous?” I asked.
“By doing whatever you’re doing.”
“What am I doing?”
“I don’t know, but whatever it is, you’re going to stop doing it!”
“OK,” I said. “But what am I doing?” I wasn’t getting it. He began poking his index finger at me to emphasize the point.
“I don’t know what you’re doing, but you’re going to stop doing it!”
I re-assumed my yoga position. Higher-ranking LAPD officers began arriving. Eventually, someone figured out that holding me prisoner right next to the entrance of the jetway was really making some of the passengers nervous. I was moved to an empty row of seats facing the window. My return flight was long-gone; the boarding area was beginning to fill up for the next flight. A couple of Arab-looking men in their 20s attempted to sit in the seats next to me.
“Can we sit here?” one of them asked a police officer. The cop looked at me. He looked at them. He looked back at me. A dim light flickered in his eyes, then went out. “No, you can’t,” he said, and they moved off.
I had been detained for more than an hour by the time Lieutenant Joseph Peyton, the LAPD duty incident commander, arrived. I complained that my notebook had been taken, and Peyton and another officer immediately returned it to me.
“Can I take notes now?” I asked Ramirez.
He didn’t say yes, but the rueful look on his face didn’t say no. I grabbed another pen out of my backpack. I was a journalist again.
Peyton explained that the officers at the scene were part of an additional detail that had been assigned to boost security at the LAPD’s airport substation after September 11. He apologized for my detainment, and said I would be free to go--as soon as I was cleared by the FBI. He admitted that the War on Terror was making everybody a little nervous. A few days previously, he’d watched two F-16 fighters escort a Canadian jumbo jet all the way into LAX. A passenger had set off a smoke detector in the jet’s restroom and become irate after a stewardess had reported him. Peyton, who normally works LAPD’s West Traffic division, was soft-spoken and reassuring, and the tension in the air dissipated somewhat. Then Angela Karp arrived on the scene.
Karp, the Southwest Airlines station manager for LAX, held what appeared to be a plane ticket. Instead, it was a credit receipt refunding my return fare to Sacramento. She said several passengers had complained that my behavior had made them nervous and because of that, Southwest Airlines was barring me from all flights out of LAX for the remainder of the evening.
“Can you tell me who said I made them nervous?” I asked.
“No sir, I cannot do that.”
“Can you tell me what my alleged behavior was?”
“No sir, I cannot do that.”
It was an issue of national security and the safety of the airline’s passengers. As a private business, Southwest had the right to refuse service to anyone, she said, and they were giving me the boot. She turned on her heel and was gone.
“What is it?” I asked Peyton. “My black leather jacket?”
“I hope not,” he said. “I have a black leather jacket.”
By the time the two plainclothes FBI agents arrived, I had been detained by the LAPD for nearly two hours. One agent was a husky guy in a khaki green Hawaiian shirt. The other agent, Anthony Gordon, had the grizzled, wizened demeanor of character actor Harry Dean Stanton. It didn’t take him long to evaluate the situation. Neither the guardsman nor the LAPD had the name of the passenger(s) who had complained about me, so no one could say if I had actually done anything suspicious. After questioning the guardsman and the LAPD, Gordon sat down beside me and quietly explained that the entire nation was on high alert. Everyone’s nerves were frayed. Taking the photographs of the checkpoint was completely legal. But the guardsman had served on the California National Guard’s Counter-Drug Task Force, and was worried that somehow drug dealers might recognize his photograph if it appeared in the paper.
“He does counter-drug work, that’s why he freaked on you,” Gordon said.
If the explanation was supposed to soothe, it didn’t. I’d been ordered to delete photographs, had my notebook confiscated and read by the police, and detained for three hours with no probable cause--all because the California National Guard had assigned a camera-shy counter-drug person to security duty at the airport? What the hell was he doing there? Gordon just shrugged. Case closed. I was free to go home.
But how? I had been banned from Southwest and the other airline in the terminal didn’t have any Sacramento flights. I wondered if I had been blackballed off all of the airlines as I trudged the quarter-mile to Terminal 7, where United Airlines, the only other carrier with a flight to Sacramento that night, was located. I booked a flight on the 10:05 shuttle, waited an hour in line at the security checkpoint and returned to Sacramento without further incident.
The following days were filled with conflicting thoughts and emotions. I’d gone to the domestic frontlines of the War on Terrorism to observe the new security apparatus in action, and the new security apparatus had terminated my observation without cause. In my opinion, “truth” is a word that journalists bandy about too loosely, but there was no denying that my ability to get at the truth in this case had been severely injured. It seemed surreal, unbelievable, and possibly illegal. I also felt violated.
At the same time, when a half-dozen different cops tell you you’ve done something wrong for two hours straight, there’s a tendency to start believing them, even if you haven’t done anything. That shadow of a doubt regarding my rights as a citizen and a journalist in the so-called sterile zone kept telling me that considering the “war” was on, I should have known better, that I deserved to have my photographs erased, my notebook confiscated. The enormous pressure to “stand united” with the country in the War on Terrorism added to my feelings of guilt. But how could I stand united when the very freedoms we were supposedly defending from the terrorists were being stripped away before my eyes--not by terrorists, but by fellow Americans?
The answer was, I couldn’t. So I tried to find out what had really gone wrong at LAX. Lieutenant Colonel Terry Knight, public information officer for the California National Guard, was stunned when I informed him a guardsman had ordered me to erase photographs. “That doesn’t make sense,” Knight said via telephone from Washington, D.C. “That’s wrong.” But when told that the guardsman worked in counter-drug operations, Knight had an epiphany. “It’s understandable why he didn’t want his picture taken.”
“Should someone who doesn’t want their picture taken be working guard duty in such a public area?” I asked.
“They’re fine for that duty ...” he began. Then he stopped and referred me to Sergeant Joe Barker, acting public information officer for the Counter-Drug Task Force, for further comment.
“I know this is real X-Files-sounding stuff, but you can’t print that gentleman’s name,” Barker said when reached at his Sacramento office. When asked what law prevented the SN&R from doing so, he backed off. “There’s nothing I can do to stop you from publishing his name and what he does, but it would definitely endanger his life.”
The Guard provides ancillary support to federal, state and local drug enforcement agencies working in California, particularly near the Mexican border area and in marijuana eradication programs. Because of “operational security,” Barker wouldn’t explain what the guardsman’s counter-drug duties were or how publishing his name or photograph might endanger his life, but the guardsman probably wasn’t making undercover buys. Barker was a little more specific when asked where the guardsman had gotten the idea he could force me to erase my film.
“He was following his FAA training,” Barker said, adding that details of the two-day FAA training course were classified because of “operational security.”
The training may be classified, but according to the FAA, the classes don’t instruct guardsmen to confiscate the film or notebooks of anyone, including journalists.
“No, he’s totally wrong,” said FAA spokesman Mike Ferguson. “You didn’t do anything illegal there.” The only photography restrictions in the sterile zone concern the privacy of passengers, not security personnel. Close-up photos of the X-ray monitors and of people having their luggage searched by hand are not permitted. Otherwise, Ferguson said, “You can shoot whatever you damn want.” By “you,” he meant anyone--journalist or private citizen.
Several days later, Barker reversed course. “It’s perfectly crystal clear that you can’t force someone to erase pictures that have already been taken,” he said, adding that he’d passed this information on to guardsmen at a recent FAA training session in San Francisco. “I can personally say that the people I gave the briefing to have been instructed to not erase photographs,” he said.
There’s a reason members of the Guard’s Counter-Drug Task Force were assigned to LAX, according to Nancy Castle, the airport’s director of public relations. The task force has some of the Guard’s “more seasoned members, the ones used to dealing with the public.” When told that the guardsman was afraid his cover might be blown, she pointed out that more than 100 local media outlets had recently been invited to interview, photograph and film the Guard during a visit by Governor Gray Davis, who was touting LAX’s new security precautions. No guardsman that she was aware of had asked that his picture not be taken.
Castle said there are no signs prohibiting photography posted in the sterile areas of LAX and that she has never heard of anyone having their film confiscated at the airport.
According to Terry Francke, legal counsel for the California First Amendment Coalition, no government agency has such authority. “There’s no law that permits anyone to summarily confiscate a camera or film or order the destruction of that film,” Francke said.
While Barker acknowledged that the guardsman was wrong to force the deletion of the photographs, he knew of no pending disciplinary action in the case. “If there was, I’m not sure we would release it,” he said.
Francke also said that the Guard and the LAPD may have violated a California statute designed to protect the “unpublished information” of journalists. The law, California Penal Code § 1524, prohibits judges from issuing search warrants for “notes, outtakes, photographs, tapes and other data of whatever sort not itself disseminated to the public through a medium of communication.”
“Clearly, they had no right to do what they did,” Francke said. “Under California Law, journalists are free from search and seizure directed at unpublished information.” He added that the guardsman and the LAPD officers also failed to comply with federal law, which states that the U.S. Attorney must exhaust all other means (such as issuing a subpoena) to obtain unpublished material before allowing a law enforcement agency to seize it without a warrant.
While now might not seem like the ideal time to pursue such a case, Francke said that in the long haul, it might be in the public’s best interest. “People caught up in war fervor and the opportunity to express solidarity with national security are probably going to see this story as a sign of reassurance--until they get caught with a camera in their bag or staring at a plainclothes policeman too long,” Francke said.
“If, as we all hope, this particular hijacking threat recedes and nerves return closer to normal, I do think people will maybe turn their minds back on and acquire some common sense.”
from the Washington Post, 2001-Sep-26, p.A4, by Eric Pianin and Bradley Graham, staff writers:
New Homeland Defense Plans Emerge
Fearing Ridge Lacks Clout, Lawmakers Float Proposals for Super-AgencyProposals for creating a super-agency to oversee intelligence, law enforcement and domestic security activities are gaining support on Capitol Hill as an alternative to President Bush's plan for a White House homeland defense office headed by Pennsylvania Gov. Tom Ridge (R).
Many Republican and Democratic lawmakers fear that without statutory authority over the budgets and operations of agencies related to anti-terrorism, Ridge will lack the clout essential to mount an effective nationwide effort to quash further terrorist threats and put in place improved security and emergency response measures.
Bush last week vowed to give Ridge a strong hand to coordinate the activities of more than 40 federal agencies and departments, including the CIA and the FBI, and to forge domestic policy to defend the public against terrorists much the way national security adviser Condoleezza Rice shapes U.S. foreign policy.
"Ridge is a great appointment . . . but he's got to have the authority to dictate the administration's policy, to make sure that everybody is falling in line with the administration's policy with respect to anti-terrorism," said Rep. C. Saxby Chambliss (R-Ga.), chairman of the House Intelligence subcommittee on terrorism and homeland defense.
The White House said that Bush intends to create the new, Cabinet-level Office of Homeland Security by executive order, probably before Ridge is scheduled to take up his duties Oct. 8. While lawmakers agree there would be no attempt to force legislation on the president in the midst of the current crisis, some said they would push for legislation later this year if it becomes clear Ridge is unable to take control of anti-terrorism policy.
"My feeling is the best way we should assure the job gets done is to put him in a new Cabinet department, giving him both budget and direct-line authority," said Sen. Joseph I. Lieberman (D-Conn.), chairman of the Government Affairs Committee. "The president's announcement . . . was a significant step forward, but we need more to make sure the job of homeland defense gets done."
Ridge, a moderate Republican and close friend of the president's, met yesterday at the White House with Bush and key administration aides to begin working out the details of his new assignment, 14 days after attacks on the World Trade Center and the Pentagon left more than 6,500 dead or missing. The talks covered "substantive policy issues and the structure and staffing and budget needs of the [new] office," White House spokesman Scott McClellan said.
While the president intends to consult closely with Congress on the new anti-terrorism office, McClellan said, "The president is moving forward to create the Office of Homeland Security by presidential action."
At least three congressionally sponsored commissions in recent years have looked at how to improve coordination of the many government entities involved in protecting against terrorism. While all agreed on the need for some sort of new, high-level mechanism, they offered widely differing prescriptions for what that mechanism should be, ranging from a White House coordinator to a separate agency.
These conflicting prescriptions were reflected in several bills introduced in Congress before the Sept. 11 attacks. One measure sponsored by Rep. William M. "Mac" Thornberry (R-Tex.) would establish a national agency that would consolidate border security functions spread among the U.S. Coast Guard, Customs Service and Border Patrol and more generally oversee the government's homeland defense.
But fearing the creation of yet another large federal bureaucracy, Rep. Ike Skelton (D-Mo.) has pushed legislation calling for a single coordinator to manage domestic security programs. Still another alternative is contained in a bill by Rep. Wayne T. Gilchrest (R-Md.), which would elevate the Federal Emergency Management Agency, assigning it primary responsibility for responding to terrorist attacks.
In the Senate, intelligence committee Chairman Bob Graham (D-Fla.) has offered a bill that would make Ridge's position permanent and give the director substantial authority over the budgets of the FBI and other agencies responsible for anti-terrorism activities.
"I would describe it as an extension of what the president has proposed," Graham said. "I think this agency should also be developing a comprehensive plan for homeland defense and anti-terrorism protection, including whether there should be some statutory realignment of agencies."
Sen. Richard C. Shelby (Ala.), the ranking Republican on the intelligence committee, said that while Ridge was a good choice for the assignment, "He's got to have power to do things -- budgets, demand accountability [from agencies], everything." Sen. Rick Santorum (R-Pa.), another prominent conservative, said, "As we get more involved in it, you're going to see that the office is going to need more capability than I think has currently been allocated to it."
Senate and House leaders and aides said they are still awaiting more details of the president's plan and pledged close consultation with the White House before undertaking any legislative action. "We're still evaluating that," Senate Majority Leader Thomas A. Daschle (D-S.D.) said yesterday.
The latest blue-ribbon panel to weigh into the debate -- a three-year, bipartisan effort led by former senators Warren B. Rudman (R-N.H.) and Gary Hart (D-Colo.) -- backed the idea of a separate agency in a report released last January. Unimpressed by experiences with White House czars -- whether in the areas of energy, education or drugs -- the commissioners concluded that it was not enough this time just to appoint a senior White House official, no matter what his relationship with the president was at the outset.
But critics of the consolidation approach say it would encounter too much bureaucratic resistance. James S. Gilmore III, the Virginia governor who chaired another federal commission that last year recommended setting up a national office for combating terrorism, said a new agency would simply end up competing with other agencies.
from the New York Times, 2001-Sep-25, by Richard L. Berke and Janet Elder:
Poll Finds Support for War and Fear on Economy
Americans favor going to war even if that means thousands of casualties for the nation's armed forces, yet they say that the United States should wait to act until it is certain who is responsible for the attacks on the World Trade Center and the Pentagon, the latest New York Times/ CBS News Poll shows.
The survey painted a portrait of a nation unsettled about the terrorist attacks - and is expecting more of them - at the same time it is worried about the state of the economy. For the first time since 1990, a majority of Americans say the economy is worsening. Six in 10 say the nation is in a recession and 2 in 10 saying the nation is near one.
President Bush's ratings continue to soar, as is common for presidents in times of crisis, with people giving him impressive marks for his leadership and judgment under pressure. Eighty-nine percent approve of the way he is doing his job, up from 50 percent in late August.
Yet there are suggestions in the poll that Mr. Bush is buoyed because people hold a high regard for his advisers. Asked whether they had more confidence in Mr. Bush or his advisers, 70 percent said they had equal confidence in both. But of those who chose one or the other, 22 percent expressed greater confidence in Mr. Bush's advisers, and only 5 percent said they had more confidence in the president.
Many people, particularly those in big cities, worry about another terrorist incident in the United States. Even so, people overwhelmingly express confidence in the government's ability to protect them.
But, clearly, Americans' way of life has been altered. Despite security measures the government has taken, about a third of people say the attacks have made them less likely to travel by airplane any time soon. Eight in 10 say Americans will have to forfeit some of their personal freedoms to make the country safer, an increase even from a week ago.
And more than 7 out of 10 Americans consider themselves very patriotic, a substantial rise since the question was last asked a decade ago.
The attacks have enhanced peoples' feelings about New York City even though tourism has been depressed. Eighty-four percent of Americans say they have a good image of the city, up from 61 percent when the question was last asked in early 1998. Sixty-one percent of people who do not live in New York City said they would take a trip there in the next six months if they could afford it or had the time off.
And there was near unanimity about the performance of Mayor Rudolph W. Giuliani, with 95 percent approving how he has handled the attacks, a rating that surpasses that of President Bush.
The ardor for military force, the nervousness about terrorism in this country and the fears of a recession are reminiscent of American sentiments in March 1991, when the nation was at war in the Persian Gulf. It was then that the elder President George Bush drew the highest approval rating of his presidency, a level matched by his son in this poll.
The nationwide telephone survey of 1,216 adults was conducted Thursday through Sunday. Most people were questioned after Mr. Bush delivered his speech to a joint meeting of Congress on Thursday night. The margin of sampling error is plus or minus three percentage points.
The willingness of Americans to accept that there could be significant casualties among the military, as well as among civilians in other countries, underscores the public's determination to root out terrorists. During the gulf war, 4 of 10 people said the United States should not continue sending troops to the region if it cost many American lives.
Now, if there is a war against terrorists, 28 percent say they expect fewer than 1,000 American soldiers to lose their lives; 28 percent put the number at 1,000 to 5,000, and 27 percent predicted higher casualties.
While 92 percent of Americans said the United States should take military action, many respondents emphasized in follow-up interviews that the nation should not be in too much of a hurry to retaliate.
"I would like to see quick justice, but if you jump the gun and attack the wrong person, it's not going to accomplish anything," said Ryan Clark, 19, a forest firefighter in Lewiston, Idaho. "You have to be at least somewhat certain who it is before anything takes place."
But Mr. Clark insisted that he was not squeamish about American casualties, saying, "It's never a good thing for lives to be lost in a conflict, but some casualties now would be better than a whole lot later on."
Diane Stevens, 49, a real estate broker from Washington, Conn., also called for patience, saying, "We should wait and get as much data as we can before we plunge into World War III, because that's where it's going to go."
The public seems to agree with Mr. Bush's assertion that there are great complexities in battling terrorism and that a military campaign would be protracted, and probably far more onerous than those in the past. Americans say the United States will have to dispatch ground troops, cruise missiles and even plot assassinations to eliminate those responsible for the attacks on Sept. 11. Again, perhaps, reflecting Mr. Bush's remarks, 65 percent said military action should be aimed at the terrorists and countries harboring them, while only 27 said it should be limited to the terrorists.
Eighty-four percent of respondents said the United States would win a war, and 8 percent said they did not think the United States would win.
Mr. Bush said last week that he wanted to get Osama bin Laden "dead or alive," and for a majority Mr. bin Laden is either the person they hold most accountable for the attacks or one of them. Asked who they thought was responsible, 45 percent said Mr. bin Laden; 13 percent said Mr. bin Laden and others; 6 percent said Mr. bin Laden and Saddam Hussein of Iraq; 36 percent offered other possibilities like terrorists in general or the Taliban rulers of Afghanistan. And 20 percent said they did not know.
Americans are more likely to blame lax security at airports for the attacks than they are lapses in the nation's intelligence or backlash from United States policy in the Middle East. Asked if the government had done enough to make the country safe since the attacks, 61 percent said the government had and 30 percent said it had not.
For all their uneasiness about the economy, relatively few people said they had altered their spending or investments after the attacks. Four in 10 Americans said the country was in a recession before the attacks, and two in 10 said the attacks led the country to economic turbulence.
"I don't think we're in a recession yet," said Jodii Guilbeau, 31, a homemaker from Kendrick, Ind., "I think we're dangerously close any time there's uncertainty."
But, Ms. Guilbeau said, the national crisis "hasn't altered our spending plans at all."
In question after question, it was clear that Mr. Bush enjoys the public's full backing. For now, at least, old animosities have faded as Democrats, Republicans and independents alike, have rallied behind the president. Ninety percent approve of the way Mr. Bush has handled the attacks, and 81 percent say he has explained clearly enough how his administration is responding. Eighty- one percent said Mr. Bush has displayed good judgment under pressure, up from 45 percent in June.
Antoine Valdetero, 73, a minister in Jennings, La., said he feared that the country would be attacked again. "We are a very vulnerable nation," Mr. Valdetero said. "I am Christian, and I have hope."
Jane Guthrie, 53, an editor in Newton, N.J., said she was concerned that no one detected the terrorists.
"The intelligence community has been chopped off at the knees for a long time," Ms. Guthrie said, "and we should have remained very vigilant. Somewhere we got too complacent and lax, like `it couldn't happen here,' but it has."
from the Washington Post, 2001-Sep-25, by Howard Kurtz, staff writer:
What If Things Get Worse?
The surge of flag-waving unity in America has truly been remarkable to watch.
Still, amid the patriotic talk and the vows to get even with terrorists, one has to wonder: What happens if soldiers start coming home in body bags?
If there is a serious attack on countries such as Afghanistan, it's not going to be a video-game war like the Persian Gulf conflict a decade ago. The Soviets learned how hard such a war could be when the Afghans drove them out in the 1980s. But Americans have grown accustomed to clean, quick hits over the past generation: Grenada. Panama. Haiti. Iraq. This one could be different, with the casualties played up on the nightly news.
Not to mention the possibility of further terrorist attacks.
In such a situation, will the country flinch? Will Congress wobble? Will President Bush's approval ratings tumble? Will there be a temptation to bag a few Grade B terrorists and declare victory?
No one knows at this point. But a new poll suggests that the country is willing to pay a price in this new war against the Osama bin Ladens of the world.
The New York Times [see item above -AMPP Ed.] has the details: "Americans favor going to war even if that means thousands of casualties for the nation's armed forces, yet they say that the United States should wait to act until it is certain who is responsible for the attacks on the World Trade Center and the Pentagon, the latest New York Times/ CBS News Poll shows.
"The survey painted a portrait of a nation unsettled about the terrorist attacks -- and is expecting more of them -- at the same time it is worried about the state of the economy. For the first time since 1990, a majority of Americans say the economy is worsening. Six in 10 say the nation is in a recession and 2 in 10 saying the nation is near one.
"President Bush's ratings continue to soar, as is common for presidents in times of crisis, with people giving him impressive marks for his leadership and judgment under pressure. Eighty-nine percent approve of the way he is doing his job, up from 50 percent in late August.
"Yet there are suggestions in the poll that Mr. Bush is buoyed significantly because people hold a high regard for his advisers. Asked whether they had more confidence in Mr. Bush or his advisers, 70 percent said they had equal confidence in both. But of those who chose one or the other, 22 percent expressed greater confidence in Mr. Bush's advisers, and only 5 percent said they had more confidence in the president himself. . . .
"Despite security measures the government has taken, about one in three people say the attacks have made them less likely to travel by airplane any time soon. . . .
"The willingness of Americans to accept that there could be significant casualties among the military, as well as among civilians in other countries, underscores the public's determination to root out terrorists. During the gulf war, 4 of 10 people said the United States should not continue sending troops to the region if it cost many American lives.
"Now, if there is a war against terrorists, 28 percent say they expect fewer than 1,000 American soldiers to lose their lives; 28 percent put the number at 1,000 to 5,000, and 27 percent predicted higher casualties."
The Los Angeles Times looks at questions swirling around Bush's own safety:
"President Carter was a prisoner of the White House during the Iran hostage crisis, not traveling for half a year. During the buildup before the Persian Gulf War, President Bush decided business had to go on as usual. He drew criticism for playing golf in Maine while sending troops to Saudi Arabia.
"Now, the current President Bush's White House is wrestling with how and when he should move beyond the confines of Washington.
"The issue involves more than presidential restlessness or mere logistics. It goes to the heart of what impact the crisis will have on his presidency. It also speaks to how he can communicate his goals to Americans and, with an eye on locking up international support, to the rest of the world.
"During the first eight months of his presidency, Bush was on the road nearly half the time, if visits to his ranch near Crawford, Texas, are counted. Often, the trips were built around speeches on one facet or another of his domestic program. With the exception of two weekends at the Camp David presidential retreat in Maryland and a quick trip to New York City, he has remained in Washington since Sept. 11.
"Now, if he wants to dramatize his message with events beyond the Rose Garden, he has to find the right audience to match his agenda. Given extreme security concerns after the attacks two weeks ago when four hijacked airliners were turned into flying bombs -- with Air Force One a target, the White House has insisted -- officials also are suggesting that presidential travel now requires unusually tight secrecy."
The Washington Post gazes at the rocky road ahead: "President Bush enjoys the support of a broad international coalition and an extraordinarily united country as he launches a war against terrorism. But as the campaign unfolds, almost every decision he makes could risk unraveling that coalition and eroding his political support at home.
"As he moves from rhetoric to action, Bush faces an enormously difficult job managing the multiple aspects of the crisis, according to diplomatic, military and political analysts. They said he must balance the need to show progress in pursuing the terrorists with the patience required to preserve a coalition of countries with competing interests and their own internal pressures.
"The risks ahead include possible new terrorist attacks here at home, public reaction to U.S. casualties once military strikes begin and worldwide reaction to possible civilian deaths inflicted by U.S. forces as they attempt to root out the terrorists. Bush has warned that this war will be long, often invisible and may not have a clear end. That means the public will have only a fragmentary sense of whether the war is being won, requiring creativity on Bush's part in keeping the country rallied.
"Bush also faces likely resistance from other countries, particularly in the Muslim world, as the campaign expands beyond its initial targets -- the al Qaeda terrorist network of Osama bin Laden and the Taliban regime in Afghanistan.
"The question of whether to target Iraq, which has been the subject of debate inside the administration, has major consequences for Bush. Attacking Iraq could alienate much of the coalition Bush is assembling, but ignoring Iraq while concentrating on the bin Laden network could leave Saddam Hussein freer to cause trouble down the road.
"The president's task is complicated by deepening economic problems at home, as the aftershocks of the attacks ripple through an already weak economy."
Bush took action on the financial front yesterday -- "W. Kicks Terror in the Assets" is the New York Post headline -- but there are complications, says the Wall Street Journal:
"The Bush administration announced it will seize the U.S. assets of any charity, individual or financial institution with links to terrorists and, perhaps more importantly, strong-arm other nations to do the same.
"On Monday morning, the administration ordered some 5,000 banks to freeze all accounts belonging to 27 individuals, groups or companies allegedly connected to the Sept. 11 terrorist attacks that destroyed the World Trade Center and damaged the Pentagon. And the U.S. is preparing to add almost 90 more entities with suspected terrorist links to the list. . . .
"The freeze order was met with initial confusion in the financial sector, however. Bankers were easily able to check their client rolls for the names on the administration blacklist, but they struggled to figure out whether accounts might be indirectly connected to those identified."
Think airport security has now been beefed up? One man tried to test it, reports the Philadelphia Inquirer:
"Federal authorities have charged a Malvern man with carrying box cutters -- the same type used to hijack airplanes in the Sept. 11 terrorist attacks -- past security at Philadelphia International Airport yesterday and onto a Northwest Airlines flight.
"Dennis Knaus, 59, told authorities he took the box cutters to the airport to convince his wife that it was not safe to fly and that she should cancel a trip to Ireland, according to an FBI affidavit on the case. After getting the box cutters past metal detectors at Terminal E about 11 a.m., Knaus called his wife and then the Federal Aviation Administration to tell officials what he had done, the affidavit said.
"Following instructions from an FAA official, Knaus asked to speak with a Northwest supervisor but was told one was not available. The affidavit says that Knaus then again passed through the security checkpoint and boarded Flight 687 bound for Minneapolis. He remained on board until he was taken off by Philadelphia police.
"Knaus, who was in federal custody last night, was charged with illegally carrying a weapon past the security checkpoint."
Josh Marshall looks at jockeying within the administration: "Is this town big enough for Colin Powell and Paul Wolfowitz? I'm not sure it is.
"There's been a back-and-forth over the last week between Powell -- as the point-man for slow and deliberate response -- and Wolfowitz as the rep for overwhelming military retaliation on the model of Michael Corleone's hit on all the family's enemies at the end of Godfather I. . . .
"I don't have the transcript yet, but on This Week this morning Sam Donaldson was interviewing Powell. And in the course of that interview Donaldson pressed the Secretary of State on these internal disagreements within the administration. Particularly, Powell made a point of saying that whatever their private views, everyone in the administration is united following the president.
"But he said everyone at the `cabinet level.' The clear target of that qualifier was Wolfowitz. So Powell wasn't denying the rift; he was affirming it. And hurling what amounts to a pretty weighty accusation against the Deputy Secretary of Defense."
Former Assistant Education Secretary Chester Finn, writing in National Review, unloads on the educational establishment: "It's been more than a little upsetting to watch the education community respond to the September 11 attack on the United States. The prize for greediest, most self-promoting, and solipsistic response goes to an outfit called the Public Education Network. Within 24 hours of the tragedy, they issued a statement that, after a few pieties, proclaimed that `access to a high-quality public education is the bedrock of our democracy' and urged that `as important calls for rethinking our commitment to our national defense and the war against terrorism are made, the Public Education Network asks policymakers and citizens to remember the important role that public education plays.'
"Translation: `We're so selfish that we think our stuff is more important than the security of a nation within which our stuff is possible.' Maybe they'd like to spend a little time experiencing `public education' under the Taliban. . . .
"The worst-lesson prize goes to the Maryland teacher, one of whose 12-year-old pupils offered this account to The Washington Post: `Why do some people hate America? Why did they do it? They wanted to bomb our symbols. That's what my mom said. Because we're bossy. That's what my teacher said. She said it's because we have all the weapons and we think we can boss other countries around. They're jealous of us.'
"America, in this rendering, has only itself to blame for the other guys' aggression."
Rudy Watch
With the New York mayoral primary under way today after a two-week delay, the Giuliani mayor-for-life movement seems to have sputtered out, the New York Post reports:
"Key legislators in Albany and New York City yesterday flatly rejected extending Mayor Giuliani's term -- even as members of the mayor's inner circle split over whether he should try to remain in office past Dec. 31.
"`I don't contemplate any circumstance that would get the Senate back to change the election process in New York state,' declared state Senate Majority Leader Joseph Bruno, the mayor's most reliable GOP ally in Albany. `It's too late,' Bruno added.
"A few hours later, City Council Speaker Peter Vallone -- a Democrat with close ties to the mayor -- said he's also in no mood to tamper with term limits. . . .
"Some in the mayor's inner circle, including Deputy Mayors Joseph Lhota and Bob Harding, have told Giuliani he can't leave office at this critical juncture -- despite the law that bars any city official from serving more than two consecutive terms.
"Sources said Judith Nathan, the mayor's girlfriend, shares that view."
We were wondering when someone would mention her.
"The adulation accorded Giuliani for his masterful leadership after the terrorist attack on the World Trade Center provides the mayor with face-to-face evidence every day of the public's sentiment, said one insider. `I've never seen anything like this,' the source said. `I don't think he walks 10 steps before someone says to him, "You have to stay on." He's hearing the concern and panic in people's voice about the transition. I think it's had an impact.'
"But other close advisers are worried that any move to tamper with term limits so close to the Nov. 6 election will be viewed as an unpopular power grab."
from the New York Times, 2001-Sep-26, by Randy Kennedy:
One-Occupant Cars to Be Barred From Some Entrances to Manhattan
Mayor Rudolph W. Giuliani said yesterday that the police would bar cars carrying only one person from crossing into Midtown and Lower Manhattan on weekday mornings, starting tomorrow, a response to crushing traffic jams that have spread for miles as a result of security checkpoints.
The decision - which city transportation officials had been urging the mayor to make for the last week - was an indication of just how bad traffic across the metropolitan region has become since the attack on the World Trade Center, causing cars and trucks from gridlocked highways to spill back onto local roads as far away as Nassau County and many miles into New Jersey, long after regular rush-hour jams usually abate.
The traffic jams have been caused, in part, by bridge and tunnel closings and the cordoning off of Lower Manhattan. But the heightened security at nearly every crossing into the city is the main factor causing the gridlock. And yesterday - as Attorney General John Ashcroft warned in Washington that there was a "clear and present danger" of additional terrorist attacks that could include trucks carrying hazardous chemicals - the checks were made much stricter.
Asked yesterday if the security checkpoints around the city were the result of a specific or credible threat, Mr. Giuliani said no, but added that "we're more sensitive to threats that are received that - maybe six months ago or, not even six months ago, three weeks ago - you would have said: `There's another nut that's calling.' "
The result of the heightened security, all day, everywhere around the city, was a system almost at the breaking point, even delaying the Yankees game by half an hour last night because fans could not get to Yankee Stadium.
"Traffic today was frankly the worst that many at Transportation had seen in recent memory," said Tom Cocola, a spokesman for the city's Department of Transportation. "It was hell. All the arteries were clogged because of the checkpoints, and the rain didn't help either. It was bad."
City officials said the ban would apply to cars entering Manhattan south of 62nd Street between 6 a.m. and noon weekdays on all the East River bridges that the city controls. The city also expects the cooperation of the Port Authority of New York and New Jersey, which operates the Lincoln Tunnel, and the Triborough Bridge and Tunnel Authority, which operates the Queens-Midtown Tunnel, in placing the same restrictions at those crossings.
The bridge and tunnel agency, a part of the Metropolitan Transportation Authority, which also runs the subways and buses, was said yesterday to favor the idea. That is in part because the subways have been carrying only about 80 to 85 percent of their regular ridership since the Sept. 11 attacks, a decline that should be addressed, Mr. Giuliani said yesterday.
City officials said that on an average weekday, roughly two-thirds of the vehicles in Manhattan south of 96th Street are single-occupancy vehicles.
They said the ban would not apply to cars with Taxi and Limousine Commission license plates, meaning medallion and livery cabs and limousines based in New York City. It would also not apply to any vehicles with commercial license plates, even to vans or cars with such plates whose drivers are conducting business or carrying goods into the city. And people who live in Manhattan could take their cars on the streets without passengers, officials said, but if they left the island and tried to return, they could be prevented from doing so during the restricted hours.
"If you're a delivery guy, clearly we want you to get into the city without as much of a problem," a senior city official said.
But the remedy announced by the mayor raised a long list of logistical questions that city officials were unable to answer yesterday. How and where would single-occupancy vehicles be stopped? Would they be turned around, on already gridlocked highways, or just ticketed?
"Those are things we are trying to work out right now," a city official said.
Officials said the ban would be the first time in more than 20 years that such restrictions had been placed on cars entering Manhattan. During a subway strike in 1980, when added vehicular traffic created scenes of gridlock similar to those now, single- occupant cars were temporarily barred from entering south of 96th Street during the morning rush hour.
Since the World Trade Center attack, the police have set up checkpoints at most of the crossings into the city and are stopping many vehicles to make sure they are not carrying explosives or other dangerous cargo.
Inspections were being made mostly of buses and trucks, not cars, because security experts believe that a car could not carry enough explosives to cripple a bridge or tunnel, according to one police official.
Yesterday, those checkpoints appeared to become much stricter and drivers reported that even private minivans carrying families and children were being pulled over and examined near bridges and tunnels. The checks, coupled with a handful of accidents and other delays caused by construction, caused traffic to back up for miles into Queens and Brooklyn from as early as 5:30 a.m. until after noon.
One man described how a normal half-hour commute from the Queens- Nassau County border to the Midtown Tunnel had turned into a two- hour crawl yesterday.
A city official warned drivers not to expect much better:"It's not going to go back to the way it was in the foreseeable future."
from TPDL 2000-Apr-6, from NewsMax, by Carl Limbacher and NewsMax.com Staff:
Morris Dees and Southern Poverty Law Center
Morris Dees and his Southern Poverty Law Center get lots of good press. The press likes him because he rails against White Americans and sees a KKK conspiracy just about everywhere.
Dees also rakes in big bucks playing on the fears of liberals and minorities that he and his Southern Poverty Law Center are the only thing preventing the rise of a new Hitler.
Criticism of Dees' use of scare tactics now comes from all quarters. The leftwing CounterPunch monthly, edited by stalwarts Alexander Cockburn, who is also a syndicated columnist, and Jeffrey St. Clair recently ridiculed Dees and his SPLC.
CounterPunch reports that the SPLC's "recent Intelligence Report" details a "preposterous theory ... the WTO protest was a nexus for a far-flung cryptofascist conspiracy comprised of white supremacists, neo-Nazis, Ku Klux Klan members and other shock troops of the Far Right."
CounterPunch says SPLC purposefully creates hysteria and fears about the right wing and extremist groups to raise money. So far their strategy has worked: Dees and SPLC have built a $100 million endowment.
"This is not the first time that the SPLC has covered for government thuggery," notes CounterPunch. The liberal publication said SPLC sided against Randy Weaver, "thus undercutting liberal outrage over the government's violations of Weaver's constitutional rights."
The group also belittled criticism of the government's handling of the Waco standoff and said such films as Waco: The Rules of Engagement were nothing more than anti-government "propaganda."
Speech by William S. Cohen, US Secretary Of Defense, 1999-Jul-27:
Defense Secretary Cohen - Preparing For A Grave New World
In recent months, the eyes of the world have rightly focused on the threat to American interest and values in the Balkans. At the same time, we cannot afford a national case of farsightedness that precludes us from focusing on threats closer to home, such as the potential danger of a chemical or biological attack on U.S. soil. The United States now faces something of a superpower paradox. Our supremacy in the conventional arena is prompting adversaries to seek unconventional, asymmetric means to strike our Achilles' heel. At least 25 countries, including Iraq and North Korea, now have -- or are in the process of acquiring and developing -- weapons of mass destruction. Of particular concern is the possible persistence in some foreign military arsenals of smallpox, the horrific infectious virus that decimated entire nations down the ages and against which the global population is currently defenseless. Also looming is the chance that these terror weapons will find their way into the hands of individuals and independent groups -- fanatical terrorists and religious zealots beyond our borders, brooding loners and self-proclaimed apocalyptic prophets at home. This is not hyperbole. It is reality. Indeed, past may be prologue. In 1995 the Japanese cult Aum Shinrikyo used sarin gas in its attack on the Tokyo subway and also planned to unleash anthrax against U.S. forces in Japan. Those behind the 1993 World Trade Center bombing were also gathering the ingredients for a chemical weapon that could have killed thousands. In the past year, dozens of threats to use chemical or biological weapons in the United States have turned out to be hoaxes. Someday, one will be real. What would that day look like? A biological agent would sink into the respiratory and nervous systems of the afflicted. The speed and scope of modern air travel could carry this highly contagious virus across hemispheres in hours. Indeed, the invisible contagion would be neither geographically nor numerically limited, infecting unsuspecting thousands -- with many, in turn, communicating the virus to whomever they touch. The march of the contagion could accelerate astoundingly, with doctors offering little relief. Hospitals would become warehouses for the dead and the dying. A plague more monstrous than anything we have experienced could spread with all the irrevocability of ink on tissue paper. Ancient scourges would quickly become modern nightmares. Welcome to the grave New World of terrorism -- a world in which traditional notions of deterrence and counter-response no longer apply. Perpetrators may leave no postmark or return address -- no tell-tale signs of a missile launch, no residue of TNT that can be traced to a construction site, no rental truck receipts leading to the foolhardy suspects. In fact, their place of business may be a number of countries that are conducting bioengineering under the guise of pharmaceutical research. Penicillin for the poor, or ebola for the enemy? Who is to say, and with what deterrent is America left? Preparation is itself a deterrent. By minimizing the death and destruction would-be terrorists hope to spawn, we reduce the likelihood they will even try. Yet a chemical or biological strike on American soil could quickly surpass any community's ability to cope. As part of a federal interagency effort launched last year by President Clinton and led by the National Security Council, the Defense Department is doing its part to prepare the nation for the catastrophic consequences of an attack that unleashes these horrific weapons. Because it has long prepared to face this grim possibility on the battlefield, the military has unique capabilities to offer in the domestic arena as well. Several core principles are guiding our efforts. First, any military assistance in the wake of a domestic attack must be in support of the appropriate federal civilian authority -- either the Department of Justice or the Federal Emergency Management Agency. Second, an unequivocal and unambiguous chain of responsibility, authority and accountability for that support must exist. Third, military assistance should not come at the expense of our primary mission -- fighting and winning our nation's wars. A special Task Force for Civil Support is being created to ensure that we have the military assets necessary to help respond domestically while still meeting our foremost mission. Fourth, our military response efforts will be grounded primarily in the National Guard and Reserve. In contrast to their more familiar role of reinforcing active-duty forces overseas, our guard and reserve are the forward-deployed forces here at home. Special National Guard teams are being positioned around the nation to advise and assist communities upon request. Finally, we must not and trample on American lives and liberties in the name of preserving them. Fears about the military's role in domestic affairs are unfounded, as evidenced by a long history of reasonable and successful military support to communities ravaged by natural disasters, such as fire and flood. As in the past, any military support will be precisely that -- support. Both legal and practical considerations demand it. The Posse Comitatus Act and the Defense Department's implementing policies are clear -- the military is not to conduct domestic law enforcement without explicit statutory authority, and we strongly believe no changes should be made to Posse Comitatus. Also clear is that the military's unique assets are most valuable when used to supplement -- not supplant -- continuing federal, state or local efforts. This is one of the reasons we are helping to train the local emergency "first responders" in 120 cities under a program mandated by Congress and now being transferred to the Justice Department. But merely managing the consequences of an attack is not sufficient. We must be vigilant in seeking to interdict and defeat the efforts of those who seek to inflict mass destruction on us. This will require greater international cooperation, intelligence collection abroad and information gathering by law enforcement agencies at home. Information is clearly power, and greater access to information will require the American people and their elected officials to find the proper balance between privacy and protection. There need be no fear or foreboding by the American people of the preparations of their government. On the contrary, the greater threat to our civil liberties stems from the chaos and carnage that might result from an attack for which we had failed to prepare and the demands for action that would follow. Mere months before the attack on Pearl Harbor shocked America out of its slumber, Walter Lippmann wrote, "Millions will listen to, and prefer to believe, those who tell them that they need not rouse themselves, and that all will be well if only they continue to do all the pleasant and profitable and comfortable things they would like to do best." The race is on between our preparations and those of our adversaries. We are preparing for the possibility of a chemical or biological attack on American soil because we must. There is not a moment to lose.
(Mr. Cohen is the Secretary of Defense. The following [above] op-ed column by him appeared in The Washington Post July 26. COPYRIGHT: 07/26/99 -- Public Domain -- no republication restrictions. Please Credit the Washington Post.)
from the Bulletin of Atomic Scientists, 1998-Jun-11:
Nine Minutes to Midnight
CHICAGO, JUNE 11, 1998 -- The Bulletin of the Atomic Scientists has moved the minute hand of the "Doomsday Clock," its symbol of nuclear peril, five minutes closer to midnight.
Yesterday it stood at 14 minutes to midnight. Today, it stands at nine.
The Bulletin's Board of Directors moves the hand not only in response to the addition of two more states as declared nuclear powers, but also to dramatize the failure of world diplomacy in the nuclear sphere; the increased danger that the nonproliferation regime might ultimately collapse; and the fact that deep reductions in the numbers of nuclear weapons, which seemed possible at the start of the decade, have not been realized.
The movement of the minute hand follows the unfortunate May tests of nuclear devices by India and Pakistan. The consequences of a possible nuclear exchange between India and Pakistan are unforeseeable. But if barriers to the use of nuclear weapons ever fail, the physical, economic, and psychological security of every person on the planet will be threatened.
But the heightened sense of peril has roots that extend far beyond the Indian and Pakistani tests. The tests are a symptom of the failure of the international community to fully commit itself to control the spread of nuclear weapons -- and to work toward substantial reductions in the numbers of these weapons.
The end of the Cold War gave the world a unique opportunity to control and reduce the threat of nuclear catastrophe. It is clear that much of that opportunity has been squandered.
Seven years ago, the nuclear face-off between the Soviet Union and the United States had ended. The two superpowers had signed a major strategic arms reduction treaty. The Soviet Union itself had collapsed and a new democratic Russia seemed about to be born. The United States had begun to cut back military spending and the United Nations seemed poised to become a more effective force for peace.
In that flush of optimism, the Bulletin in 1991 moved the minute hand of the clock "off the scale" -- to 17 minutes to midnight. The Bulletin hoped to call attention to a breathing space that the world had not enjoyed since the Cold War began.
By 1995, that optimism had faded. East-West nuclear arms reductions had stalled and U.N. peacekeeping efforts had not proven effective. The Bulletin, suggesting that "opportunities have been missed and open doors closed," moved its clock closer to midnight -- to 14 minutes.
But even in 1995 there were grounds for optimism. The Nuclear Non-Proliferation Treaty, in effect since 1970, had been made permanent. And a Comprehensive Test Ban Treaty, an idea proposed decades earlier, seemed likely. In fact, a test-ban treaty was concluded in 1996, and 149 nations -- not including India and Pakistan -- have signed it.
The nonproliferation treaty commits the established nuclear-weapon states to "pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control."
Although the East-West nuclear arms race is clearly over, no nuclear state is moving significantly toward nuclear disarmament. Between them, Russia and the United States still have upwards of 30,000 nuclear weapons -- strategic and tactical -- in various states of readiness. Nine years after the fall of the Berlin Wall, the United States and Russia collectively have some 7,000 warheads ready to be fired with less than 15 minutes notice.
Meanwhile, only 13 nations have ratified the test-ban treaty. Of the established nuclear-weapon states, only Britain and France have ratified it. Neither the United States Senate nor the Russian Duma has acted. We urge the Senate to consider the treaty this year.
The Bulletin's clock has appeared on every cover since June 1947, and it is meant to symbolize the possibility of nuclear catastrophe.
Today we move the minute hand five minutes closer to midnight. Only once before have we moved the hand forward so many minutes. That was in 1968, after France and China had joined the nuclear club, and as wars raged in the Middle East, South Asia, and Vietnam.
In the words of the late Eugene Rabinowitch, one of the Bulletin's founding editors: "The Bulletin's clock is not a gauge to register the ups and downs of the international power struggle; it is intended to reflect basic changes in the level of continuous danger in which mankind lives in the nuclear age, and will continue living, until society adjusts its basic attitudes and institutions."
from the Associated Press, 1999-May-8:
Ted Turner tells grads nuclear war may be next
ATHENS, Ga. (AP) - Ted Turner told University of Georgia graduates on Saturday to keep thinking and learning, then rained on their parade by suggesting that NATO bombing in Yugoslavia could lead to nuclear war. ``Here's the class of '99, and y'all are just starting out. Wouldn't it be terrible to have nuclear war in the next week or two and mess up y'alls careers before they have gotten started?'' Turner said in a commencement address to 5,000 graduates. Turner, who founded CNN, said that as a child during the Cold War he worried that he wouldn't live to see the end of the millennium. At age 60, he said he has the same worries. Referring to the NATO bombing of China's Embassy in Belgrade, Turner said: ``If we drop a bomb on the Russian Embassy, we could be at war with Russia and China tomorrow, and they both got lots of nuclear weapons. We might not even get to see the millennium.''
from the San Francisco Chronicle, 2000-Sep-21, by Martin Butcher and Theresa Hitchens:
Unleashing `Mini-Nukes' Will Bring Dire Consequences
SOME U.S. LEADERS are toying with an idea for a new nuclear bomb that could have turned NATO's campaign in Kosovo into a nuclear war. For more than 50 years, there has been a taboo against unleashing the terrible power of the atom in war, but some in the U.S. nuclear weapons establishment and their political allies now envision a world where nuclear combat could become almost a commonplace event.
Sound crazy? Unfortunately, it's true.
Top Senate Republicans already have pushed through a measure that will allow U.S. weapons labs to begin studies on a so-called ``mini-nuke,'' intended not to deter a potential enemy but for use in small, regional wars. The measure is expected to pass when Congress debates the defense budget bill later this month. And even though the Pentagon says it ``has no requirement'' for such a new weapon, no one in President Clinton's lame-duck administration is expected to take on the issue.
Sens. John Warner, R-Va., and Wayne Allard, R-Colo., ensured that the Senate version of the Defense Authorization Bill for fiscal year 2001 contains a provision to allow initial development studies on a nuclear weapon with an explosive yield of less than five kilotons. The senators acted in answer to an Air Force request for permis sion to explore creation of an earth-burrowing nuclear warhead that could be used in regional wars, such as the Gulf War or Kosovo, to destroy underground bunkers.
The aim would be to kill national leaders such as Saddam Hussein or Slobodan Milosevic, or to destroy stocks of biological/chemical weapons held by so-called ``rogue'' states. The thinking -- detailed in a recent paper, ``Nuclear Weapons in the 21st Century'' by Stephen Younger, associate director for nuclear weapons at Los Alamos National Laboratory -- is that such bunkers are often in urban areas, where use of a ``normal'' nuclear weapon would cause unacceptable damage and casualties to the civilian population. A ``mini-nuke,'' proponents argue, would be a sure way of killing a dictator, or wiping out stockpiles of chemical and biological weapons, with little or no release of those agents into the environment.
Obviously, the development and deployment of a weapon with a relatively small explosive yield -- the Hiroshima bomb, regarded today as tiny, was a 15 kiloton weapon -- would be extremely dangerous, precisely because the military would regard it as ``usable.'' The negative political ramifications of launching a nuclear war apparently go unheeded by Younger and others promoting such a new weapon.
It is also absurd to assert that such a weapon could be employed without en dangering civilians. A mini-nuke dropped on San Francisco might only destroy Twin Peaks, not the entire city. But, even a small nuclear weapon would kill thousands of people and bring appalling suffering to thousands more victims of burns, radiation sickness, blindness and other injuries. Eventually, thousands more would suffer as the result of genetic deformities -- exactly as has happened in Hiroshima and Nagasaki.
And even with today's precision weapons, accurate delivery cannot be ensured. The accidental bombing of the Chinese embassy during NATO's Kosovo air war is a case in point.
War aside, a number of immediate negative consequences can be expected if the United States pursues ``mini-nukes.''
In the near term, nuclear weapons design and development activity at Department of Energy labs would be intensified. Eventually, there would be strong pressure to resume nuclear testing, as the weapon scientists seek to prove to the military that their new designs work. This would wreck the Comprehensive Test Ban Treaty, already weakened by its rejection by the Senate last year. In fact, there already is strong pressure from the U.S. nuclear labs, and members of Congress such as Sen. Allard, to abandon the test ban treaty and the U.S. moratorium on nuclear testing. The United States' move to develop mini-nukes has the potential to spur proliferation. The refusal of the ``nuclear-haves'' to live up to obligations under the Non- Proliferation Treaty to pursue nuclear disarmament already has piqued India and Pakistan to acquire nuclear capability.
How can the world take seriously Washington's pledge, made during the May Non-Proliferation Treaty 2000 Review Conference, to make an ``unequivocal undertaking'' to work toward eliminating nuclear weapons, when at the same time U.S. officials are promoting new, more usable bombs?
Moreover, the United States has signed so-called negative security assurances -- promising not to launch a nuclear attack on non-nuclear countries. Doesn't the development of a ``mini-nuke'' make a mockery of those promises?
Is the U.S. government really ready to overthrow the international consensus that nuclear war would be the ultimate disaster, just for the chance to drop a bomb on Saddam Hussein? Does such a policy make strategic sense for a peaceful 21st century?
Those touting the use of battlefield nuclear weapons need to look up from their blueprints and recognize the potentially frightening results of their laboratory experiments.
Martin Butcher is director of security programs at Physicians for Social Responsibility. Theresa Hitchens is research director at the British American Security Information Council.
from the San Francisco Chronicle p.A1, 2001-Jan-22, by Jonathan Curiel, Greg Lucas and Bob Egelko, with Charlie Goodyear contributing:
Get Used to It!
Alerts, blackouts predicted for next 2 yearsCalifornians will have to deal with the possibility of energy alerts and rolling blackouts for the next two years, a state official said today.
"For the next couple of years . . . any day could (bring) difficulty," said Kellan Fluckiger, chief operating officer with the Independent System Operator, which oversees California's power network.
The state will be particularly vulnerable in the summer, when electricity use is high, said Fluckiger.
"In the summertime, when we are at a high level (of use), I believe we will have a number of situations where we have Stage 3 alerts and outages," he said.
"During the next two summers, we will have a situation where we will have power watches and emergencies."
During a Stage 3 alert, which happens when power reserves fall below 1.5 percent of available capacity, the ISO can order Pacific Gas and Electric Co. and other utilities to initiate rolling blackouts.
For the seventh straight day, state officials today declared a Stage 3 power alert -- but blackouts were not expected to be necessary, Fluckiger said.
Among the reasons for Stage 3 alerts in Northern California, he said, were idle power plants that are getting maintenance.
"We have an extraordinary high number of units that have broken and need repair," he said.
Until more power plants are built in California, the potential for alerts and blackouts is possible, said Fluckiger.
Yesterday, a power glitch in the Pacific Northwest briefly cut off electricity to 50,000 to 70,000 customers in the Central Valley, but authorities said the failure was not a renewal of California's rolling blackouts.
The customers, served by municipal utilities in Sacramento County and a few surrounding communities, lost power for about 20 minutes, starting at 2:15 p.m., said ISO spokesperson Stephanie McCorkle.
McCorkle said the system operator was forced to throw the switch after an equipment failure at a Bonneville Power Administration substation in Oregon sent a sudden surge of electricity into a California transmission line.
No PG&E customers were affected, she said. PG&E spokeswoman Maureen Bogues said the system operator issued a blackout order to the utility yesterday afternoon but withdrew it before it took effect.
Authorities in the affected areas said residents had been calling about the brief blackouts but there were no emergencies.
The Modesto Irrigation District, a public power agency that serves 95,000 customers, had to cut service to about 5,000 ratepayers after getting a request from PG&E shortly after 2:30 p.m.
"This is the third time we've done this," said district spokeswoman Maree Hawkins. "We did it Wednesday, Thursday and today. But we're rotating the outages through different areas."
In Modesto, the blackout lasted about 18 minutes. "Before I could get on the radio and warn people about four-way stops at intersections, it was over," Hawkins said.
Fluckiger called on residents and businesses to conserve more water, because water supplies help power companies in Northern California create electricity in hydroelectric plants.
"Conservation is clearly critical," he said.
Gov. Gray Davis, meanwhile, is expected to soon name a person to help speed construction of new power plants and shave the state's long-term energy deficit.
The move is the latest by the Democratic governor to try to combat the state's electricity woes, which have led to the first peacetime blackouts in California history.
"This would be someone in the governor's office who would reach out to the different agencies involved to get more plants online," said Steve Maviglio, press secretary to Davis, who did not identify the appointee.
Davis and lawmakers have been attacking the state's energy shortages on several fronts.
The key to a long-range solution is making sure there is enough power to meet California's demand.
Central to that is creating more power plants.
Since March 1998, the California Energy Commission has approved nine power plants.
Of those, five are under construction and are expected to create 2,368 megawatts of new electricity by the end of the year, according to the commission.
During one of last week's Stage 3 alerts, the state was short of the electricity it needed by about 14,000 megawatts.
California consumes about 164 million megawatt hours a year, according to the ISO.
Northern California is chronically short of energy ranging from 4,000 to 5,500 megawatts every hour of each day, according to the system operator.
The shorter-term strategy of Davis and lawmakers is to reduce the reliance of utilities on the spot market, where they have been paying far more for electricity than they can recoup from their customers.
That has driven both PG&E and Southern California Edison $12 billion in debt and raised the specter of bankruptcy.
Last week, Davis signed legislation allowing the state to spend $400 million to buy electricity for the next two weeks.
That stopgap measure would be replaced by another bill, being refined by the Senate Energy, Utilities and Communications committee, which would allow the state to enter into long-term contracts to buy electricity. Davis hopes lawmakers will send him that bill before the end of the week.
Davis, who has been criticized for not acting earlier, has now been trying to exercise more personal control over as many aspects of the state's power crisis as possible.
from the San Francisco Chronicle, 2001-Feb-2, by Robert Salladay, Joe Garofoli, Chronicle Staff Writers, with contributions by Bob Egelko:
State OKs $10 Billion for Power
CONSERVE OR ELSE: $1000-a-day fines for stores that don't complyGov. Gray Davis invoked his emergency powers yesterday and ordered California's auto malls, shopping centers and other retail outlets to dim their lights after closing - or face $1,000-a-day fines.
Under an extraordinary executive order signed by Davis, law enforcement agencies and the Office of Emergency Services have the next week to figure out which businesses should cut their outdoor lighting without jeopardizing safety or increasing crime.
Davis gave county sheriffs and the California Highway Patrol the authority to penalize recalcitrant business up to $1,000 a day starting March 15, when the program becomes mandatory. The emergency order lasts "until the governor rescinds it," said a spokesman. Violators face criminal misdemeanor charges.
The order is part of a $404 million conservation effort that includes rebates for energy-saving appliances, money for businesses to install energy efficient roofs and more efficient lighting, and a TV commercial encouraging people to wash their clothes after 7 p.m. McDonald's will pay to print 4 million paper place mats with energy conservation tips.
Davis said the plans should save enough power to supply an estimated 3.7 million homes during the summer. Under the state of emergency Davis declared Jan. 17, California's vast bureaucracies were ordered to cut power 20 percent, and residents were asked to voluntarily cut usage by 7 percent.
"Yes, we have a power shortage," Davis said, "but we are far from powerless. Californians have enormous clout as consumers."
Democratic lawmakers have been asking Davis for three weeks to introduce conservation measures, not just negotiate for lower power prices or work to build more power plants. Davis' plan would double the amount California spends on energy conservation -- to $800 million.
"I mean, is it too much to ask for these auto malls to turn off the lights from midnight to 6 a.m.?" asked Senate President Pro Tem John Burton, D-San Francisco, who supports more conservation efforts but is leery of using law enforcement to monitor usage.
Although nearly every major business group in the state, including Silicon Valley and grocery store lobbyists, said they supported Davis' plan to cut outdoor lighting, not everyone running a business was enthusiastic about having their energy usage monitored by the state.
"Shouldn't the governor be worried about trying to get more power instead of running around fining people?" asked Juergen Frost, owner of a Pleasant Hill furniture shop.
Last week, a Chronicle report on nighttime electricity use by businesses noted that two dozen lamps burned brightly inside Frost's store at 10:30 p.m., a few hours after closing. Frost said his timer had malfunctioned -- the lights should be off before midnight. Still, he doesn't plan to begin turning his lights off when his store closes.
"My gas and electric bill is only $160 a month (for the 6,000-square-foot store)," Frost said. "Show me what the other big electricity users are doing. Since the economy is a little soft, we do have to show our lights."
Many details remain unwritten on Davis' plan to monitor power usage and issue fines. Davis' executive order simply asks the CHP and the sheriffs from nine major counties, including Alameda, to "develop a plan" by Feb. 9. The state Trade and Commerce Agency is in charge of notifying businesses of the orders.
That plan could require certain types of businesses, such as auto malls or grocery stores, to cut power by a certain percentage, or it could order specific businesses, block-by-block, to cut their lights during the early morning hours.
Businesses that fail to comply with an order following a warning from law enforcement can be charged with a misdemeanor and fined, the governor's executive order states. Officials in the governor's office said they had the power to implement the plan under the state's Emergency Services Act.
However, "the governor is reasonably confident people will voluntarily participate," said spokeswoman Hilary McLean.
Davis said he wanted to make sure that whatever the sheriff or CHP ordered, the retail outlets still had enough light to prevent crime. Indeed, legal experts warned that making it easier for criminals to trespass or break into a building could put the state in jeopardy.
"I would say that the state is liable for negligence if the state requires someone to underlight their premises so as to cause injury to somebody, including themselves," said Jesse Choper, a UC Berkeley law professor.
Shamrock Ford in Dublin turned off half the lights on its lot after it was featured in the same Chronicle story. In that time, two cars have been stolen, but the company still is trying to conserve energy.
"If you're asking if we're going to shut down to pitch black after we close, the answer is no. No way," said Gordon Giacomazzi, director of sales at Shamrock Ford, a beacon along Interstate 580 in Dublin. "If you had $14 million worth of cars on your property, would you feel safe with the lights turned off?"
Dublin Vice Mayor Janet Lockhart said that even if the city requested lights as part of an overall look of a development, it wasn't requiring businesses to keep them on now.
"I don't think it's my job to knock on someone's door and tell them how to run their business," Lockhart said. "I'm confident that Dublin businesses will be good corporate citizens and comply with the governor's order."
from TPDL 2000-Aug-7, from the Wall Street Journal, by William P. Kucewicz, editor of the global investment Web site GeoInvestor.com:
Too Much Regulation Keeps California in the Dark
What goes bump in the dark? The answer: California! Starting today, the state is almost certain to be hit by power blackouts, thanks to the administrative body charged, of all things, with ensuring reliable electricity service. Electricity prices in California are rising because power is in woefully short supply. And power is in short supply because of years of regulation. Yet as Californians swelter, they will have to endure politicians trying to blame this shortage on deregulation.
The California Independent System Operator (Cal-ISO) has elected to halve the maximum price utilities can pay for electric power, despite warnings from suppliers that electricity and power-plant investors would shun the state if the wholesale price cap were lowered. California already imports a fifth or more of its power and relies on expensive "peaking" units to meet excess demand. In spite of that, Cal-ISO's board last week voted to lower the ceiling on wholesale power prices to $250 a megawatt hour from $500, effective today. This followed an earlier cut from $750 per megawatt hour.
The board said it was responding to calls from state officials, who fault deregulation for California's current electricity woes. But electricity decontrol is not the problem. Anyone who lived through the U.S. oil price controls of the 1970s would know that.
The root cause of California's electricity crisis is regulation, not deregulation. No major power plants were built for a decade, in part because regulators didn't anticipate the state's Silicon Valley-driven economic boom of the late 1990s. Stringent environmental rules and bureaucratic red tape made electricity-related construction nearly impossible. As a result, electric demand has risen by 25% in the past eight years, while in-state power generation has increased by a paltry 6%.
California's shortages of power-generating plants and long-distance transmission lines have left it vulnerable to any sizeable increase in electricity demand -- witness this year's heat wave. In fact, Cal-ISO has declared eight Stage Two emergencies already this year, requiring large power users to curtail consumption. In 1999, by contrast, there was only one such alert. The next step, Stage Three, entails "rolling blackouts." San Francisco had one of these in June.
Of the 42 states now moving toward electricity deregulation, California is procedurally furthest along. However, a more robust example of decontrol came recently from New York. Its independent system operator decided to reject a recommended $1,000 per megawatt hour price cap in favor of a $1,300 one. The New York board opted for a price cap that exceeds the limits in neighboring states and thus virtually guarantees the Empire State will be blackout-free this summer.
Californians, meanwhile, now face the worst kind of political demagogy. San Diego county officials have declared a "financial state of emergency," and Democratic Sen. Barbara Boxer has called on President Clinton to extend federal assistance to prevent "a financial problem" from becoming "a public health emergency."
Forces other than political pressure are also at work. Cal-ISO's decisions to lower the wholesale price cap on electricity amount to a bailout of California's utilities, which took a gamble on deregulation legislation that some are losing. In the decontrol debate in 1996, high on the utilities' agenda were so-called "stranded costs" -- i.e., the uneconomic capital expenditures and financial obligations incurred under regulation. The utilities therefore agreed to a 10% electric rate reduction for residences and small businesses in exchange for a refinancing of their stranded costs. They need to recoup these costs by March 31, 2002, or eat the rest.
San Diego Gas & Electric has already recovered its costs, thereby eliminating the mandated rate reduction, which is why its customers are receiving higher bills. Other utilities, notably Pacific Gas & Electric and Southern California Edison, have not. Fearing they may not recoup all their stranded costs by the deadline, utilities have lobbied hard for lower price caps to help keep their costs down.
Appreciate, too, that the headline-making rise in electric bills has affected only SDG&E's 1.2 million customers, whose typical household electric bill has risen to $105 or so a month from about $55 this time last year. Consumers elsewhere in the state have seen no such increase, because they're still enjoying the 10% rate reduction mandated by the 1996 deregulation law. This has exacerbated California's woes, because these price controls offer no incentive to conserve electricity.
There's hope yet for California. The Federal Energy Regulatory Commission could overrule the Cal-ISO board. It has already launched a study into the "volatile price fluctuations" in the bulk power sales in the U.S. The findings are due in November, the same month all wholesale price controls on electricity in California are supposed to expire. Given the political climate, however, few expect the caps to vanish anytime soon.
The lesson of energy price controls and utility regulation seems lost on California. But it's one that state officials will likely ponder -- after the lights go out.
Current theory of the editor on Y2K, 1999-Oct-8: establishment media outlets have started and will accelerate a campaign in which audiences are made to wonder if "they" - which is to say, the Y2K alarmists and apocalypticoids - are right that Y2K will be a socioeconomic calamity of some sort. The establishment has no intention to make of it, or allow it to be, a calamity, because all discontinuities are fraught with uncontrollable risk. Instead, the purpose of the alarmist propaganda is to link Y2K alarmism with segments of society that the establishment perceives as threatening to their hegemony - particularly, survivalists and militias - thereby further discrediting and marginalizing them, when Y2K passes unaccompanied by socioeconomic calamity. Of course, the state and corporations are hedging their bets, taking survivalist measures of their own including food and fuel caching and backup power provisioning. Their preference is for Y2K to be a near non-event, so that their campaign of incremental consolidation of control is not jostled.
from NewsMax, 1999-Sep-26, by Carl Limbacher et al.:
Y2Chaos: Does the FBI Have a Waco-Like Plan for Black America?
Could Waco happen again - this time not in rural Texas but instead in the heart of America's urban centers? Former FBI agent and criminal justice Ph.D. Tyrone Powers says the Bureau has just such a Y2K contingency plan, code named "Mad Max."
In a Saturday interview on PBS's "Tony Brown's Journal," Powers laid out the FBI's plan for martial law, including the rounding up of "dissidents," should power go down and disorder break out during a Y2K crisis.
The ten-year FBI veteran contends that U.S. intelligence agencies, including the FBI, the CIA, Navy Intelligence and other intelligence services, have drawn up plans in case a Y2K "castastrophe" hits next January. But beyond January, says Powers, "they were also preparing for Y2K-related events to occur throughout the year 2000. In fact, they were planning for operations as far down as June, when the weather turns warm in certain cities."
The "Mad Max" plan, named after the 1980s Mel Gibson film depicting the total breakdown of social order, is a worst-case contingency plan, claims Powers.
"The FBI expects, in this [worst] case scenario, that people would begin to riot and loot. And specifically they believe this would happen in urban areas among black citizens," says the retired agent.
"In this case, they've set up a scenario where they would respond by, first of all, having the president declare martial law. And they have a written plan for this. And once he declared martial law, then these agencies, along with the HRT team, which is the FBI's Hostage Recovery Team, which is kind of a SWAT force, would go in to restore order in these particular places...to calm down the looting and bring back stability to the urban areas."
But isn't it a good idea for the FBI to plan for the worst, just in case?
Certainly, says Powers. In fact, such planning is routine. "Except the type of response that they're planning for these areas is not really routine in this particular instance. For instance, the HRT team...does not usually respond to urban riots and looting. They're the group that was used in the case in Waco and the case up on Ruby Ridge.... So their involvement in this, their response to this kind of a scenario, is different than it would be in any other case."
Powers told PBS's Brown that the name "Hostage Recovery Team" really disguises the group's true mission.
"Essentially they're not trained to recover hostages. They're trained to do other things and we saw that at Waco and Ruby Ridge. They're trained to go in and restore order by any means necessary."
The ex-agent said the government's response to the riots of the 1960s formed the basis for its Y2K "Mad Max" plan:
"When I was with the Maryland State Police, we had what they called urban assault vehicles or urban tanks. And this came about right after the riots of the late 1960s. And so they created plans to go in and restore stability by going in and making mass arrests and moving people from one location to the other.... They're prepared to go in and control the public in mass numbers and move them to certain locations."
Most chillingly, Dr. Powers described what one source told him was the government's "acceptable loss rate" for its Y2K urban contingency plan during a massive blackout:
"If in fact we lose electricity, now you're talking about making movements under the cover of darkness.... And they realize they have an acceptable loss rate, and my source told me about that - which is still not a surprise if you know intelligence organizations. In these movements that occur at night, there may be some innocent people who are harmed and shot, but that's acceptable," according to current government thinking.
Powers described the FBI's Y2K "acceptable loss" calculation as something that would be "no different than in any other battle or war."
The ex-agent also says that the FBI may take advantage of Y2K chaos to round up "dissidents," which the FBI continues to monitor despite the demise of such bureau operations as "Cointelpro."
"Many of the operations that the FBI had during the 60s that we thought were bygone are still in place," claims Powers, who explained that the FBI maintains a network of F.O.B.s ('Friends of the Bureau') who continue to gather intelligence on media and other organizations on a regular basis.
"During the time I was working at the FBI, as I began to see some of this paperwork that reminded me of the counter-intelligence operations of the 60s, I asked one of my supervisors, 'Why would they continue this?'"
His boss's response, according to Powers: "Why would we stop when it was so effective?"
Powers explained that the government would justify a Y2K roundup of America's "dissidents" as necessary to the restoration of order:
"The government believes that it is these people who could actually either calm the situation or create more chaos as the government moves in. If the government decided that they're going to move because of Y2K into a particular community, and there are people in that community who are saying, 'This is what I've been telling you about all along, the government is moving on us' - we've got to remove these people who might give that indication as we move to restore order."
Dr. Powers has just authored a new book: "Eyes to My Soul: The Rise or Decline of a Black FBI Agent."
from the Drudge Report, 1999-Sep-22:
NBC BLASTED FOR UPCOMING Y2K SCARE FILM
WASHINGTON -- The NBC-TV Network has been hit with stinging criticism over plans to air Y2K -- a two-hour suspense thriller about a trouble-shooter trying to save the world from catastrophic computer disaster -- just weeks before New Year's Eve 1999!
"This is one of the most irresponsible things to ever come out of Hollywood!" charged a lawmaker on the Senate Special Committee on the Year 2000 Technology Problem.
"Why is NBC doing this? There are going to end up scaring people into a complete panic. Shame, shame, shame on them!"
On Wednesday NBC announced plans to air Y2K on November 21, in what is being described as a "Sweeps Event."
"As the millenium dawns in North America, most of the Eastern Seaboard suffers a major power outage," NBC said in a press release. "But the worst is yet to come. Nick [a complex systems failure expert consulting the government played by actor Ken Olin] must stay ahead of the unpredictable Y2K bug as it spreads across the United States threatening everyone, including his own family on the West Coast."
In NBC's Y2K, the computer bug causes widespread ATM failures -- a plot twist that has one U.S. Senator concerned about real-life bank runs!
"After people see this movie, they could get the idea in their head and rush to the bank to get money out -- this could trigger cash problems," said the Senator, who asked not to be identified.
In NBC's Y2K -- a nuclear power plant even threatens to go into meltdown.
[As long as the radiation spreads to Burbank.]
from TPD 1999-Oct-18, from The Federalist Digest 1999-Oct-15:
ALL THE NEWS THAT'S FIT TO PUNT
In the news this week, federal troops have been legally barred from performing domestic law enforcement functions since Congress passed the1878 Posse Comitatus Act. Only the National Guard, under control of the state and territorial governors, may respond when local authorities are overwhelmed -- until now.
Responding to the increased risk of domestic terrorism, Congress and the Clinton administration have amended the Posse Comitatus Act to allow a broader use of U.S. military forces to supplement domestic law enforcement response to acts of terrorism. The U.S. Atlantic Command will be replaced by the U.S. Joint Forces Command, which will have responsibility for domestic response. SecDef William Cohen says, "[The military must] deal with the threats we are most likely to face. The American people should not be concerned about it. They should welcome it." Got that!
from Insight Magazine, 1999-Oct-15, by Kelly Patricia O'Meara:
Deadly Force and Individual Rights
U.S. special-operations military units are participating in civilian law-enforcement activities within the United States, raising questions of legality and ultimate purpose.
Six years after the siege on Mount Carmel, citizens and lawmakers alike are angry and shocked about details now unfolding concerning the raid that left 75 Branch Davidians dead. Allegations that military personnel were present and participated in the raid on the Davidian compound raise serious questions about mingling of military and civilian forces in direct violation of the Posse Comitatus Act of 1878, which forbids such deployment.
Just one day after the siege at Waco, Texas, ended in a fiery horror, President Clinton gave the American people a glimpse of what to expect. The government could not be responsible for "the fact that a bunch of fanatics decided to kill themselves," he said. The commander in chief then warned that "there is, unfortunately, a rise in this sort of fanaticism across the world. And we may have to confront it again."
The tragedy at Waco by no means is the first or only example of violations of Posse Comitatus, but it does underscore the volatile cocktail that can result from mixing special-operations troops and civilian law enforcement. Separation of civilian and military forces long has been an American tradition, but under the guise of the "war on drugs" and the "war on terrorism," Congress in the last two decades has enacted piecemeal legislation allowing military intervention in civilian law enforcement, which many believe violates the intent, if not the letter, of the law.
For instance, in 1981 Congress passed the Military Cooperation with Law Enforcement Officials Act, which authorizes the military to "assist" civilian police in enforcing of drug laws. In 1989 President Bush created six regional joint task forces, or JTFs, within the Department of Defense, or DOD, to coordinate military and police agencies in the drug war. And, again in 1993, DOD and the Department of Justice signed a memorandum of understanding enabling the military to transfer technology to state and local police departments. The difference between the mission of civilian and military forces in this context is remarkable. Civilian law-enforcement personnel are trained to deal with situations occurring locally on the city, county or state level. They are trained to consider the individual rights of the citizen, regardless of the severity of the crime, and use of force is a measure of last resort. On the other hand, the mission of the military is national security. Troops are trained to concentrate deadly force on an enemy.
Furthermore, says a law-enforcement official who asked not to be identified, the distinction between the two forces rarely is understood by the general population. "Police don't have rules of engagement," he says. "They have a use-of-force policy. Every law-enforcement officer, office, agency or department in the United States lives by the same use-of-force policy. That is, police may use force only to the level necessary to neutralize a situation and may use deadly force only to protect themselves or the lives of others," he says.
Whatever term is applied, the fact remains that U.S. troops are participating in civilian law-enforcement activities inside the United States. Often the outcome is frightening and, as in the case of the raid on the Branch Davidians, can be disastrous. Nonetheless, special-operations military units, such as the 160th Special Ops group (also known as Delta Force) out of Fort Campbell, Ky., which has been implicated in the attack at Waco, for years have been training in U.S. cities for the possibility of "terrorist activities."
Training exercises known as Military Operations in Urban Terrain, or MOUT, have been carried out in dozens of cities throughout the United States. Residents of Charlotte, N.C., Pittsburgh, Houston and Chicago are among those who have been awakened in the dead of night by hundreds of military troops rappelling from helicopters hovering at treetop level, firing automatic weapons and exploding flash-bang and smoke grenades.
Col. Bill Darley, a spokesman for DOD, tells Insight that "these exercises are not law-enforcement missions. They're secret combat activities for very explicit purposes such as scenarios involving recovery of a weapon of mass destruction, incidents of terrorism and hostage rescue. The activities would be approximating the same situation as in a foreign country. We conduct these large-scale exercises in the Southern states as make-believe foreign countries. Charlotte, N.C., for example, could be Paris, Munich or any other built-up urban area outside the United States."
Darley continues, "What we're talking about is close-quarter combat. People engaged in shooting at each other. It's war gaming in the same way that troops prep for war gaming overseas. It's just easier to arrange the activities here than overseas. We arrange these exercises well in advance with the local officials, police and fire departments, and we do our best to go door-to-door notifying residents that there will be loud noises and so on."
Pat McCrory, the mayor of Charlotte, says that he is unaware of anyone going "door-to-door" to notify his residents about the exercises and that he came away from the experience with an entirely different take on the urban-warfare training that occurred in his city two years ago. According to McCrory, "They basically misled us. They weren't up-front about the extent of the exercise. I had people calling me at home and I could barely hear them for the noise in the background. We literally had residents that were so frightened they were ready to pull out their guns."
"If an accident had happened," the mayor continued, "I would have had a tough time living with myself because I didn't ask enough questions of them when they first came to us about the exercise. Even my own police department and city manager were caught off guard and unaware of the extent of the operations. It took a few minutes before we realized this was the 'small exercise' the Army had planned. There were between 15 and 20 helicopters hovering above condominium buildings shooting automatic weapons. The noise and disruption were incredible."
Steven Barry, a 24-year veteran of Army Special Forces, is well-acquainted with urban-warfare training and not surprised by the secrecy surrounding it. "The official story put out by the Army is that they're running out of training areas. For the last couple of years they've been looking for old run-down buildings in cities for training. They never inform the public about what they're doing and, contrary to what is said, the gunfire residents are hearing is real. Delta Force doesn't train with blanks. They rely on bullet traps set up weeks ahead of time to avoid outside penetration of the gunfire. The reason the exercises are secret is because it's Delta Force. They operate outside the hierarchy of command and get their orders from the top. They've been called the president's army for a long time, and they don't move without his blessing."
"It's a slippery slope," warns GOP Rep. Bob Barr of Georgia, "toward the militarization of civilian law enforcement. There isn't a more fundamental issue in our society than keeping civilian law enforcement separate from the military. The line was completely blurred at Waco, and because Posse Comitatus has never been prosecuted, this will be one of the most important areas of the upcoming hearings on Waco."
The lawmaker is equally troubled by the effort to turn military troops into the world's police. "There's more than enough money and equipment provided to the military for urban-warfare training," says Barr. "Our military has its hands full around the world and is being forced to operate on very tight budgets. Now we're adding the extra burden and saying, 'Let's spend more money so they can train domestically in police operations.' This only diminishes their true mission."
Adding to concern about military troops becoming active in civilian law enforcement is a 1994 survey that is very big among Internet conspiracy theorists. The poll asked 300 troops at the Marine Corps Air Ground Combat Training Center, Twenty-Nine Palms, Calif., "if they would fire upon U.S. citizens who refuse or resist confiscation of firearms banned by the U.S. government." While the majority responded they "strongly disagreed," the author of the thesis and designer of the survey questions, Lt. Cmdr. Guy Cunningham, was surprised that 26 percent of those surveyed indicated they indeed would fire upon their fellow citizens. This is being taken as another sign that attitudes are changing and that the mission of the U.S. military forces has become blurred.
Darley says, "We're doing about 20 of these exercises a year," and adds the bizarre notice that "the helicopters used in these exercises are black. There is no external identification -- no flag or numbers. The markings on them are internal to the command. Anyone looking at them would not be able to tell if they are American helicopters or foreign."
It gets stranger, say critics. Should an accident occur or questions be raised about the military's participation in incidents such as the one at Waco, legislation recently passed as part of the DOD authorization bill makes it possible for the secretary of defense to withhold the names or personal information identifying "any member of the armed forces assigned to an overseas unit, a sensitive unit, or a routinely deployable unit." Delta Force falls within the "sensitive unit" category.
According to Darley, "The legislation is intended to protect the service member and his or her family from security risks associated with identifying information that may be available over the Internet." According to Barry, "This law looks to specifically protect Delta Force. They're just trying to shortstop things like Waco and situations in the future where special forces are used."
from WorldNetDaily, 1999-Sep-16, by Joseph Farah:
The American police state
People who lived in police states used to fear the 'knock on the door.'
In the American police state today, the cops sometimes don't bother to knock ' they just shoot the locks off the door.
Such was the case in Compton, Calif., last month. At 11 p.m. Aug. 9, a Special Weapons and Tactics Team, supposedly serving a search warrant in a broad-ranging narcotics investigation, performed a 'high-risk entry' on a private home. There was no knock. The cops blew off the locks on the front and back doors simultaneously.
When they went in, their guns were still blazing.
A retired grandfather was shot twice in the back and killed. His widow was hustled out of the house in nothing but panties, a towel and plastic handcuffs. She and six other 'suspects' were taken into custody and interrogated. But no charges were filed.
Investigators seized $10,000 in cash, a .22-caliber rifle and three handguns, but the drugs the cops were looking for were nowhere to be found. The family said the money was the life savings of Mario Paz, the 65-year-old killed in the storming of the house. He had taken the money out of a Mexican bank in anticipation of Y2K problems. Police claim they thought Paz was reaching for a gun. His widow, Maria Luisa, says that notion is crazy.
But here's the most interesting twist on one more 'dynamic entry' gone awry. The 20 cops who broke in to the Paz home last month were not L.A.P.D. officers. They were not L.A. County sheriff's deputies. They were members of the El Monte police force -- operating way outside their jurisdiction.
Why? Because the 'war on drugs' allows them to do so.
'We go all over,' explains El Monte Police Sgt. Steve Krigbaum, the head of the narcotics policing division. 'If we can show it directly impacts narco activity here, we'll go after it.'
And go after it they did. An investigation of the raid shows that after the police shot the locks off the doors, they fired a 'diversionary device' into a back bedroom window, threw a flash grenade on the ground behind the house. The lawyer for the Pazes says the cops fired indiscriminately into doors while the family slept.
'It was like war,' said Luz Escamilla, who lives next door.
You know, it is like war -- this situation in which we find ourselves in America today. There's an us-against-them attitude from police agencies that I have never seen before. Worse yet, there's no such thing as a local cop any more. It seems that local police have all been deputized as FBI agents in training, nationalized and militarized beyond necessity, beyond reason and beyond hope.
I'm worried about our country. Six years later, the truth about a nationally televised and highly publicized siege and massacre in Waco, Texas, is just beginning to filter out. How do the Paz families of the world expect to get justice and be treated fairly when there is no accountability at the highest levels of government and law enforcement for tragedies of the magnitude of Waco?
Think of how our civil liberties are being eroded: Possession of firearms, a constitutionally guaranteed right, is enough to make you a suspect and, perhaps, justify your untimely death at the hands of the police state; possession of cash, once considered a basic necessity, is treated with suspicion and your loot is subject to confiscation; and God forbid you should be a dissenter, a critic, someone who makes waves. The fact of the matter is no one is safe from the lawless American police state today.
You can be sleeping soundly in your bed one night. It's not the knock on the door you have to fear. It's the sound of your locks being shot off -- along with your constitutional rights.
from The United States Conference of Mayors, from http://www.usmayors.org/uscm/news/publications/curfew.htm:
A Status Report on Youth Curfews in America's Cities
A 347-City SurveyMany cities have imposed youth curfews in recent years. A 1995 survey by The U.S. Conference of Mayors found that 272 cities, 70 percent of those surveyed, had a nighttime curfew. Fifty-seven percent of these cities considered their curfew effective.
Since that survey was done the trend toward establishing curfewsboth nighttime and daytimehas continued and more is known about their impact. This report updates the 1995 survey and provides additional information on the effectiveness of those curfews.
The 1997 survey gathered information from 347 cities with a population over 30,000. Mayors and city officials were asked for information on:
- the use of both daytime and nighttime curfews,
- perceptions of whether curfew enforcement is a good use of police officers' time,
- perceptions of whether curfews make streets safer at night, cut down on daytime truancy,
- effectiveness of curfew enforcement in curbing gang violence or gang activities,
- increases or decreases in crime rates since curfews have been in effect,
- police department costs associated with curfew enforcement,
- problems encountered in implementing curfews and
- constitutional challenges to curfews.
Among the findings of the survey:
Four out of five of the survey cities (276) have a nighttime youth curfew. Of these cities, 26 percent (76) also have a daytime curfew. Click here for a list of cities which have curfews.
Nine out of 10 of the cities (247) said that enforcing a curfew is a good use of a police officer's time. Many respondents felt that curfews represented a proactive way to combat youth violence. They saw curfews as a way to involve parents, as a deterrent to future crime, and as a way to keep juveniles from being victimized. In addition, they commented that a curfew gives the police probable cause to stop someone they think is suspicious. Examples of city comments:
Tulsa: There is generally no useful purpose for a juvenile to be out late at night. Enforcement of curfews serves to protect them from being victimized by the criminal element.
Charlotte: This is a good tool to protect children. Most parents didn't even know their children were outside the home.
Jacksonville (NC): It provides officers with "probable cause" to stop the youth.
Claremont: It frees up officers' time during the curfew hours to do other police work. Kids don't go out because they know they will get in trouble.
Anchorage: Parents are contacted each time a juvenile is picked up, often eliminating repeat occurrences.
St. Peters (MO): It assists in providing a method of controlling juveniles when adult supervision is lacking. Less time is spent by officers in getting them off the street than responding to problems they create.
Toledo: It provides officers an opportunity to intervene with potential issues before problems develop. Periodic sweeps remind the public about the law officer. Curfew enforcement has, in large part, become a part of routine enforcement.
Twenty-six cities (10 percent) did not feel that curfew enforcement is a good use of a police officer's time. They commented that police have higher priorities than chasing curfew breakers, and that there is too much paperwork involved, tying up a police officer's time when he or she should be using that time to pursue more serious offenders. Some suggested that random sweeps seem to be more effective in keeping offenders off balance, as they are never sure when the police will be around. Finally, several commented that there is nowhere to take the young people when they are picked up because many parents aren't home. Examples of city comments:
San Francisco: Offenses occur before curfew hours. Therefore, the curfew is ineffective.
Billings: There is no place to take the kids. Often the parents are not home.
Roanoke: There is no punishment for the law. The law is on the books but there is no punishment.
Freeport (IL): It ties up the police and keeps them "babysitting" all day long.
Richmond (CA): Curfews treat all youth as violators. It turns off good kids and is unfair to them.
Ninety-three percent of the survey cities (257) said that a nighttime curfew is a useful tool for police officers. The city officials commented that curfews help to reduce the incidence of juveniles becoming victims by preventing "gathering," which also means more calls for the police. They said that a curfew compels parents to be more responsible and gives them a specific reason to tell their children they cannot be out after a certain time, and they said that curfews are a good prevention tool, keeping the good kids good and keeping the at-risk kids from becoming victims or victimizers. Examples of city comments:
Orlando: Since we have had the curfew we have seen dramatic declines in youth-related crimes.
Murray (UT): Prevention is nine-tenths of the cure.
Fresno: Because of the curfew there is less gathering. Less gathering means fewer calls for police.
South Bend: Few first time violators are repeat offenders.
Maui: It compels parents to be responsible.
Nineteen cities said that a nighttime curfew was not a useful tool, explaining that it removes parental control as the city, in effect, becomes the parent. They also commented that more crime happens during non-curfew hours due to curfew enforcement. Examples of city comments:
Kauai: It causes more crime during non-curfew hours.
Richland (WA): All youth, not just delinquents, are affected by a curfew.
Wausau: We need to avoid harassment and need to avoid focussing on minorities or specific neighborhoods.
All of the 72 cities which have a daytime curfew report that it has cut down on truancy. They said that it reduces daytime burglary, holds parents accountable and keeps kids in school. Examples of city comments:
Columbus (OH): Seventeen hundred truants have been processed, less than seven percent have been re-fined (as repeat offenders).
Allentown: Since the inception of our daytime curfew, students know there are consequences to their actions. It has had a favorable impact on school attendance.
Torrance: It discourages truants' trips en masse to "hang-outs." With this curfew, students must stay at home or risk detention.
Philadelphia: Daytime curfew enforcement causes the minor to attend school, which can only benefit the minor.
Roswell: It cuts down on graffiti, vandalism and truancy. It keeps kids at home or in school where they are safe.
Eighty-eight percent (236) of the cities said that curfew enforcement helps to make streets safer for residents. The officials commented that there is less traffic late at night; residents feel safer; it is easier to find runaways; it is harder for criminals to hide from the police during curfew hours because there are fewer people to blend in with; graffiti and vandalism are reduced; and parents are helped to feel responsible. Examples of city comments:
Canton: Police find more runaways and missing juveniles, reducing the number of delinquencies.
Tulsa: The criminal element has to work harder to "hide" from cops.
Inglewood: It does, in fact, make it safer. There is less traffic at night.
Corpus Christi: The daytime curfew has cut down on the truancy problem considerably simply because school-aged kids observed wandering the streets or in locations away from school are easily detected, and they have come to know that.
Thirty-three cities (12 percent) said that curfews have no impact on street safety, commenting that it is people over 17 who create the more serious crimes, and that they do not always enforce the curfew due to lack of funds or lack of interest. Examples of city comments:
Memphis: Most evening crimes are committed by adults.
Chillicothe (MO): Those over 17 are still out causing most of the trouble.
Tallahassee: Several studies have indicated that curfews displace crime to other times of the day without having any real impact over the long run.
Eighty-three percent (222) of the cities said that a curfew helps to curb gang violence. City officials believe it is a tool to reach "wanna-be" gang members and keep recruitment to a minimum; it prevents gang members from gathering; it gives the police a legal reason to contact individuals or the group; it tells kids their movements are being monitored and lessens gang activities during curfew hours. They also said that curfews help the police to identify gang members and come in contact with them at an earlier stage, help to curb young peoples' activities before they become more violent, and help the police to seize the guns and drugs of gang members, thus impairing their ability to fight. Finally, the curfew helps to educate parents to the signs of gang membership and activity. Examples of city comments:
Moline (IL): Gang activity stops after curfew hours begin.
Dearborn: It curbs activities before they get to a more violent level.
Shaker Heights: If you address inappropriate behavior, you will minimize the opportunity for it to escalate into violence. In other words, if you catch youths early it is more likely they can become valuable members of society.
Napa: I have never seen a gang member who wasn't a truant first. Curbing truancy curbs gang violence.
Houston: We have had an increase in drug and weapons seizures from gangs. Seizing these things lowers gangs' ability to fight.
Seventeen percent (46) of the cities said that curfews had no impact on gang-related activities. These cities said that most hardcore gang member do not pay attention to curfews; most gang activities occur before curfews go into effect; and gangs are not afraid of curfew laws because they know there will be no punishment. Examples of city comments:
Ogden: Curfews do little to curb activities of hardcore gang members.
Rochester (MN): Gangs aren't afraid of curfews because the punishment is little or nothing.
Memphis: Most gang activities happen before curfew hours.
Fifty-six percent (154) of the survey cities have had a youth curfew in effect for 10 years or less. Officials in 53 percent of these cities have had a decrease in juvenile crime which they attribute to the curfew. Eleven percent have seen the number of juvenile crimes stay the same; 10 percent have had an increase in juvenile-related crimes. Because most of the remaining cities have had curfews in effect for a short time, no data on the impact on juvenile crime was available.
Twenty-six cities with a nighttime curfew only were able to provide data on the percent reduction in juvenile crime. Juvenile crime was reduced by an average of 21 percent in these cities, ranging from a two percent decrease in Charlotte, three percent in Waterloo, five percent in Bloomington (IL) and Fort Worth and seven percent in Kileen (TX) to a 40 percent reduction in Inglewood and Idaho Falls, 42 percent in San Jose and 50 percent in Orlando.
Twenty-two cities with both a nighttime and daytime curfew were able to provide data on the percent reduction in juvenile crime, which was reduced by an average of 21 percent in these cities. The percent reduction ranged from two percent in Richmond (GA), five percent in Lombard (IL) and eight percent in Fairfield (CA) to 50 percent in Hayward and 70 percent in Charleston (SC).
Six cities reported that juvenile crime increased after their curfew was introduced, by an average of 14.5 percent across these cities. The increases ranged from three percent in Billings and Tulsa and 10 percent in St. Charles to 25 percent in Grand Forks and 26 percent in Fargo. It should be noted that many cities reported that when they initially implemented the curfew or began to rigorously enforce an existing curfew, the number of crimes increased for a period of six months to a year. Following this, however, they saw a significant decline in juvenile crime.
Twenty-three percent (61) of the cities said there were increased costs related to curfew enforcement. These costs related primarily to increased police officer time and detention centers. Examples of city comments:
Chandler (AZ): There was an increase in costs in paperwork, court appearances and fees and officers' time spent processing and convicting the youth.
San Jose: We had to add $1 million in new police payroll to enforce our curfew.
Shreveport: We received a grant from the federal government to help defray the costs of a detention center, but the federal funds decrease each year, and after four years the city will have to pay all of the costs.
Upland (CA): Our gang task force has caused an increase in costs.
New Orleans: There have been cost increases associated with overtime for police in order to enforce the curfew properly.
Cleveland: The increase in enforcement of the curfew has caused more costs for police to appear in court.
Twenty-three percent (62) also reported problems in implementing their curfew. These problems include concerns about violating young peoples' rights or targeting minorities, parental opposition, and officials within the criminal justice system not taking the curfew seriously. Examples of city comments:
Denver: In one of our middle class neighborhoods it was proposed that we put up a detention center, and this met with strenuous opposition.
Los Angeles: The problem is convincing liberal politicians that it doesn't violate kids' rights and convincing police officers that it is productive.
Chicago: The problem is getting judges to take curfew cases seriously.
Cincinnati: The curfew laws need to be monitored to make sure that African-Americans aren't targeted. You have to make sure you are trying to keep it fair and legal.
Plano: A small segment of our population feel it is the parents' responsibility to say when a child should be indoors.
Buena Park: Several home schooling groups challenged it as being unfair to their children.
Five percent (14) of the cities said there have been constitutional challenges either to the curfew itself or to its wording. Those cities with a challenge are Allentown, Bellingham, Dallas, El Cajon, Escondido, Lompoc, North Miami Beach, Orlando, Philadelphia, Poway (CA), Santa Ana, Tulsa, Wenatchee (WA) and West Covina. In two additional citiesFort Lauderdale and Rio Rancho (NM)a challenge to the curfew has been threatened.
For the 276 cities with curfews:
- Five percent have had the curfew for less than one year.
- Eight percent have had the curfew for one year.
- Eleven percent have had the curfew for two years.
- Eleven percent have had the curfew for three years.
- Four percent have had the curfew for four years.
- Eight percent have had the curfew for five years.
- Nine percent have had the curfew for six to 10 years.
- Forty-four percent have had the curfew for more than 10 years.
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Survey Cities Which Have A Curfew
The 276 survey cities with a curfew are listed below. Those with an * have both a daytime and a nighttime curfew; the rest have a nighttime curfew only.
ALABAMA Birmingham * Gadsden ALASKA Anchorage ARIZONA Chandler
Gilbert
GlendalePhoenix
Surprise
TempeTucson
YumaARKANSAS Fort Smith North Little Rock * Pine Bluff * CALIFORNIA Anaheim
Antioch
Bakersfield
Brea
Buena Park *
Burbank *
Claremont *
Colton *
Concord
Covina *
Culver City
El Cajon *
Escondido *
Fairfield *
Fontana *
Fountain Valley
Fresno
Gardena *
Hayward *
Inglewood
La Habra *
Lancaster *
Lodi
Lompoc *
Long Beach *
Los Angeles
Manhattan Beach *
Modesto
Montebello *
Monterey *
Napa *
Newark
Oxnard *
Pittsburg
Poway *
Riverside *
San Clemente
San Francisco
San Jose *
San Ramon
Santa Ana
Santa Barbara *
Santa Cruz
Santa Rosa
Stockton *
Thousand Oaks
Torrence *
Tulare
Upland *
West Covina *
COLORADO Aurora
DenverLoveland
PuebloThornton
WestminsterCONNECTICUT New Britain West Haven FLORIDA Fort Lauderdale *
Garden Grove
JacksonvilleMiami Beach
North Miami
OrlandoPembroke Pines
Port OrangeGEORGIA Augusta *
East Point *Macon Roswell HAWAII Honolulu Kaua'i Wailuku Maui IDAHO Boise Idaho Falls IOWA Cedar Rapids Waterloo ILLINOIS Arlington Heights
Aurora
Bartlett
Bloomington
Bolingbrook *
Buffalo Grove
Carbondale
Champaign
Chicago
DecaturElk Grove *
Evanston
Freeport
Glencoe
Highland Park
Lansing *
Lombard *
Moline
Mount Prospect
NapervilleNormal
Palatine
Paris
Park Ridge *
Pekin *
Rockford
Schaumburg
Waukegan *
WheelingINDIANA Carmel
Columbia City
ElkhartFort Wayne
Marion
Michigan CityNew Albany
South BendKANSAS Hutchinson Olathe Witchita * KENTUCKY Frankfort Lexington Louisville LOUISIANA Houma
Lake CharlesNew Orleans * Shreveport MAINE Augusta MASSACHUSETTS Chicopee
LowellLynn
MaldenMethuen
RevereMARYLAND Hagerstown MICHIGAN Allen Park
Battle Creek
Dearborn
Dearborn Heights
Detroit *East Point
Farmington Hills
Holland
Jackson
LansingLivonia
Midland
Muskegon
St. Claire Shores
WyomingMINNESOTA Blaine
Brooklyn Park
BurnsvilleMaplewood
Minneapolis *Minnetonka
RochesterMISSISSIPPI Biloxi *
Greenville *Natchez * Tupelo * MISSOURI Chesterfield
Chillicothe
Kansas CitySt. Charles
St. JosephSt. Peters
University CityMONTANA Billings Great Falls NEBRASKA Bellevue NEVADA Las Vegas NEW HAMPSHIRE Nashua NEW JERSEY Elizabeth
GloucesterJersey City * Newark NEW MEXICO Rio Rancho * Roswell * NEW YORK Buffalo
JamestownSchenectady Troy NORTH CAROLINA Charlotte Jacksonville NORTH DAKOTA Fargo Grand Forks OHIO Akron *
Canton
Chillicothe
Cincinnati
Cleveland *
Columbus *Elyria
Euclid
Fairborn
Lima (Recently lost day)
MansfieldParma *
Shaker Heights
Toledo
University Heights
WaynesvilleOKLAHOMA Lawton Oklahoma City Tulsa OREGON Beaverton PENNSYLVANIA Allentown *
Erie
HarrisburgLancaster
McKeesport
Philadelphia *Pittsburgh *
Wilkes-BarrePUERTO RICO Caguas San Juan RHODE ISLAND North Providence Pawtucket SOUTH CAROLINA Charleston Columbia Rock Hill SOUTH DAKOTA Rapid City TENNESSEE Chattanooga
GermantownHendersonville
Knoxville *Memphis TEXAS Arlington *
Austin *
Corpus Christi *
Fort Worth
Galveston *Houston *
Killeen
League City *
Mesquite
PlanoSan Angelo
San Antonio *
Temple *
Waco
Wichita FallsUTAH Murray
OgdenSalt Lake City Sandy VIRGINIA Cheasapeake
Newport NewsNorfolk
Richmond *Roanoke
Virginia BeachWASHINGTON Bellingham Longview Wenatchee * WEST VIRGINIA Parkersburg WISCONSIN Beloit *
Brookfield
Green BayGreenfield
ManitowocSheboygan
West AllisWYOMING Casper Cheyenne
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Survey Cities Which Do Not Have A Curfew
The 71 survey cities listed below do not have a youth curfew.
ALABAMA Decatur Huntsville Mobile ARKANSAS Fayetteville Hot Springs CALIFORNIA Dublin
Livermore
OaklandRancho Palos Verdes
Richmond
San Luis ObispoSanta Clara
SunnyvaleCOLORADO Fort Collins Greeley Lakewood CONNECTICUT Middletown
New HavenStamford Wallingford FLORIDA Boca Raton
Bradenton
Clearwater
Fort MyersHoly Hill
Miramar
Palm Bay
Port St. LucieSt. Petersburg
Sarasota
Tallahassee
TamaracILLINOIS Galesburg IOWA Des Moines KANSAS Topeka MASSACHUSETTS Attleboro
BostonHaverhill Salem MICHIGAN Port Huron Rochester Hills NEBRASKA Lincoln Omaha NEW JERSEY Bridgewater
EdisonFort Lee West Orange NEW YORK Freeport
Mount VernonNew Rochelle
White PlainsYonkers NORTH CAROLINA Greensboro
WilmingtonWilson Winston-Salem OHIO Centerville Kettering RHODE ISLAND Cranston Providence TEXAS Abliene
DentonLongview Lufkin VIRGINIA Alexandria Lynchburg WASHINGTON Auburn
RichlandSeattle Spokane WISCONSIN Wausau
from TPDL 2000-Jun-10, from Insight Magazine, by Timothy W. Maier:
`Fed' Up Police
Uncle Sam has taken over police departments in Pennsylvania and Ohio on the grounds that local police are out of control. Your local department could be next.
It sounded like a gunshot as police kicked open the door of a Maryland apartment where 25-year-old Jeffery Gilbert lay sleeping. Gilbert would not remember a thing after the Prince George's County, Md.'s, T-70 special-weapons and tactics team slammed him to the ground in the early hours of April 28, 1995. But then again neither would the six T-70 squad members recall what happened when questioned later by federal authorities.
A few minutes prior to the bust, the T-70 squad was shown a photo of Sgt. John Novabilski, a fellow police officer whose body was riddled with bullets from a MAC-11 submachine gun. They were told Gilbert had been identified as the ``cop-stalker'' - the killer who also was responsible for wounding two Washington Metropolitan police officers.
What happened inside the apartment has been disputed for five years. The police insist Gilbert ``violently resisted'' arrest; Gilbert denies the allegation.
What is certain is that Gilbert nearly died after being battered by multiple injuries received in the raid, including a near-fatal brain injury. Medical reports indicate Gilbert had multiple contusions, swollen eyes and welts covering his body. Boot marks imprinted in Gilbert's back and chest could be seen in photographs taken after the incident. ``This is what I call justice - street justice,'' said a county officer after the arrest. ``It's like sharks when they hit a piece of meat on a feeding frenzy. He's a walking billboard.''
Police ransacked the apartment in search of the MAC-11 and Novabilski's service revolver, which the cop stalker had taken as a trophy, but found neither. Gilbert was charged with Novabilski's murder and talk of the death penalty began with what prosecutors called a ``slam-dunk case.''
But the case unravelled on Memorial Day when in Greenbelt, Md., a bloody gun battle took place in which Ralph ``Doody Doo'' McLean executed an FBI agent and then fatally shot himself - and Novabilski's service revolver and the MAC-11 used to kill the officer were found next to McLean's body. Red-faced prosecutors had no choice but to drop the charges against Gilbert when McLean's girlfriend said ``Doody Doo knew Gilbert was innocent because Doody did it.'' Now federal prosecutors from the Rodney King case against the Los Angeles police stepped in and the Justice Department launched a two-year probe. A grand jury probe ended when officers failed to turn on each other.
Angered by their code of silence, the Justice Department began to focus on what has been described as a pattern of civil-rights violations in Prince George's County. Since January, the county has paid in excess of $5 million in damages for police misconduct, not including what lawyers say may be dozens of other cases where deals have been sealed to prevent further lawsuits.
Attorney General Janet Reno this year launched a widespread probe concerning the county police department's use of police dogs allegedly to torture suspects. And they may not stop there. From Los Angeles to New York City, the federal government literally is trying to take over local police departments.
And that angers cops. Oversight that leads to second-guessing is something police don't want, whether it be from citizen review boards or Big Brother. Criminologists say cops sometimes have a double standard, employing cameras to stop traffic offenders while objecting to cameras during interrogations. While cops prefer local jurisdictions as watchdogs, critics say that never works because of an incestuous relationship between local prosecutors and police.
In the Gilbert case, the county police internal-affairs, or IA, unit just has begun its own investigation - five years after the fact. But the statute of limitations has run out and what IA finds now can't be used in a criminal prosecution against the officers. Local prosecutors didn't even look at the case. However, police point to cases such as New York officer Justin Volpe, who was convicted of ramming a broomstick into Abner Louima's rectum, as evidence they can police their own.
To cops, ``Reno's raiders'' are crossing territorial lines. ``When you bring in federal oversight you end up with broad and poorly considered policies that are not effective in dealing with local issues,'' says Dave Smith, a 23-year veteran of police work and director of education for the Law Enforcement Training Network in Chicago. ``The police department is concerned with public safety, but the federal government has demographic criteria'' that target white males.
Private eye Sharon Weidenfeld, who investigated the Gilbert case and dozens of other brutality complaints, disagrees. ``In the cases I've seen it is not a racial problem. It's a police problem. Police brutality is color-blind.'' She says it's almost a given that excessive force will be used when police charge suspects with the trilogy: resisting arrest, assault and disorderly conduct. Violently resisting arrest is the big tipoff, she says, that a suspect was beaten. ``I would like to see the Justice Department take over P.G. [the Prince George's County Police Department] because it's obvious the police can't police themselves,'' she says. ``However, I have very little faith in the FBI at this point because I have provided them with volumes of detailed information concerning acts of excessive force by the police in the last five years and in particular the last 18 months and I have yet to see Reno take any action. But who knows, maybe they will surprise us with an indictment soon.''
Smith counters that it makes no sense to have a federal government that has yet to answer for its own use of excessive force in Waco, the Elian Gonzalez seizure and Ruby Ridge telling police about excessive force. ``Congress expresses outrage but it never gets straight answers,'' he says. ``Where's the oversight? Why did they grab a cameraman in the Elian case and throw him down. What level of force is justified? Or why did the agents spray only the Hispanics?''
Ted Deeds, director of operations for the Law Enforcement Alliance of America in Falls Church, Va., says police are not against the Justice Department stepping in on a case-by-case basis, but are against being micromanaged by Washington. ``We got Hillary calling New York officers `murderers' before they are even charged,'' he says. ``This federal intrusion has become a very political thing - hugely political. I think we began to slip down this slippery slope as soon as the train left the station.
``It's a runaway train now. The feds have taken over local departments in Pittsburgh and Steu-benville, Ohio, and are threatening Columbus, Ohio, and at least a dozen more. Both Pittsburgh and Steubenville were forced to sign consent decrees, admitting their departments have participated in a pattern of civil-rights violations and vow to follow some strict federal guidelines.''
Of course, little of this is new. ``I grew up in Boston back in the forties,'' syndicated columnist Nat Hentoff tells Insight. ``I used to go to jazz clubs a lot and I knew the neighborhoods. The disproportion of police harassment against blacks was considerable.'' Hentoff grew up all right - to become one of the most uncompromising defenders of civil liberties in the media. As such, he says the increased federal role could be useful, but only to a point. ``It's okay as a short-term thing if the feds really know what they're doing,'' Hentoff says.
Hentoff has covered police off and on for years. Excessive force, like corruption, he says, can spread among colleagues. ``What happens, to use the cliché, is that there's a culture,'' he says. A young officer may come in wanting to make a positive contribution to the community, but if he witnesses corruption or brutality, his choice appears to be: Either conclude that everyone's doing it and join in, or else quietly accept it and keep his mouth shut. That is where the threat of outside intervention does some good. In Pittsburgh, Washington made a difference, albeit indirectly. ``The involvement was simply that they knew the feds were looking at them. What happens after they leave is something else again.''
The impression from the media is that excessive force is pandemic, yet no evidence exists to support such a conclusion. While police were mandated in the Clinton crime bill to track use of physical force, the federal government failed to provide funding to do so, Deeds says. In 1999 the Reno Justice Department attempted to assay the problem when it issued its report, Use of Force by Police: Overview of National and Local Data. The report concluded that police used physical force in less than 20 percent of some 7,512 arrests but could not determine if that force was excessive. More research needs to be done, the report says.
Nevertheless, the federal government is taking over on grounds that local police are out of control. And your local police department could be next.
To many minorities, putting the police under the gun is a welcome change, says Ron Daniels, executive director of the Center for Constitutional Rights in Washington. ``When people perceive there is a problem, then there is a problem because perception becomes reality. The federal government has to step in because there is a very close relationship with prosecutors and police at the local level. In Pittsburgh, for example, there have been long-standing complaints for 10 to 15 years and nothing has been done.''
At the same time, the number of fallen police officers continues to climb, with 1,533 dead in the line of duty during the last decade and an average of more than 23,000 injured annually. Texas Republican Gov. George W. Bush says the Justice Department shouldn't second-guess local authorities and only in rare circumstances should they order investigations into the police department's internal practices. Vice President Al Gore supports federal probes into civil-rights practices of local departments but favors local settlements. The National Fraternal Order of Police accepts both approaches but reportedly is leaning toward endorsing Gore for president.
Some wonder how the federal government can be taking the reins. ``Under federal law they can, because it was placed in Clinton's crime bill,'' says William Clark Harrell, executive director of the Texas affiliate of the American Civil Liberties Union and former director of the Police Accountability Project in New York City. He says their states often shy away from these cases because of the tremendous amount of political money that the police unions can generate for future politicians.
A case in point: When it came to the Gilbert case and the dozens of excessive-force complaints filed in Prince George's County, Maryland Democratic Gov. Paris Glendening walked away from ordering a state probe without ever offering an explanation other than to say the FBI would handle it.
Why didn't he do it? ``Good question,'' says Gilbert's attorney Terrell Roberts. ``The federal government did not want to step on what the Justice Department was doing.'' But Maryland State Police Superintendent David Mitchell, a former chief of Prince George's County police, might be one reason why he didn't, Roberts alleges. Even local prosecutors wouldn't touch the case, as Prince George's County State's Attorney Jack Johnson argued the FBI was better equipped to conduct the probe.
While Roberts welcomes Reno's probes into the county, he has mixed feelings about whether they will be successful. Civil-rights probes in the county have been a ``nonentity,'' Roberts says. ``They say they investigate these things. I am unaware of them talking to witnesses much. I question how thorough these investigations are. Nothing ever comes of them. They coddled the officers in the Gilbert case for five years. What they do is a joke. That's J-O-K-E.''
Not every police department is against federal interference. Harrell says, ``Washington asked the federal government to intervene because they wanted a sense of order. They were simply incapable of doing it themselves because there was no local authority.''
Other cities, however, are being forced to get in line. The Los Angeles Police Department continues to meet with the Justice Department, which has shoved a list of demands into its face, including a new system to investigate and discipline officers found guilty of using excessive force.
In Columbus, Ohio, however, they have refused to sign the consent decree. The decree limits an officer's right to use force to just five times in one period or else face disciplinary action, including termination. Force is defined as efforts by an officer against a suspect who uses more than minimal resistance, including the use of chemical spray or aiming a firearm. It does not include the use of police dogs, verbal commands, handcuffing, the brandishing of a firearm or aiming at a suspect when a supervisor orders guns drawn.
Deeds says, ``At the moment officers start drawing their guns they will start thinking, `Am I going to lose my job? Go to jail? Lose my house?' That is how it is going to be today with the Monday-morning quarterbacking from Washington. Officers will reduce their contact with the public.''
Smith says, ``Imagine working a graveyard shift on a hectic weekend and going to a few barroom brawls that require you to take-down and cuff some combatants. Then you go handle a felon stop, and then maybe a domestic quarrel where you wrestle a drunken abuser to the floor and escort him to jail. You'll write a report of each use-of-force incident (as defined by Justice) and after five such incidents your file will be flagged!''
In Columbus, the city would like to settle with the federal government, but its contract with the police union prohibits that. Reno has responded by filing a lawsuit against the city to recoup all federal grant money it has ever received. A similar tactic was proposed last year by the National Association for the Advancement of Colored People, which advocated withholding federal grant money to departments with a high number of civil-rights complaints - even before the the complaints were proved.
Kenneth Adams, a criminologist at the Indianapolis School of Public and Environmental Affairs, a joint effort of Indiana and Purdue universities, sees it as a throwback to the 1960s when Attorney General Robert Kennedy ordered the FBI into Southern states to enforce civil-rights legislation against states' wishes. ``The states are not as motivated to uncover these abuses as the federal government,'' says Adams. ``Remember in politics when something is unpleasant it always helps to blame the other guys. The state may acknowledge privately it has a problem but doesn't want to act, thinking let's get the feds to do it, and then we can blame the big bad federal government. If the localities are not able to address the problem then I think we would all agree that the federal government should step in. But the problem is how do we identify an extreme situation.''
In Columbus, that certainly seems to be the issue. James Phillips, an attorney for the Columbus Fraternal Order of Police says there have been only three cases of alleged police brutality that they have been aware of, although others maintain there have been about a dozen in the last seven years. That averages to less than two a year - hardly a pattern of widespread abuse to justify nationalizing the local police. In New York City, Republican Mayor Rudolph Giuliani says cops use less physical force than other major cities, but critics point out New York paid nearly $300 million last year to victims of police brutality. Many activists in New York City want Reno to take over the police department in lieu of the recent acquittal of four NYPD officers in the shooting death of Amadou Diallo. The unarmed Haitian immigrant was shot at 41 times; of which 19 bullets hit him.
Will there be a federal takeover? ``It will never happen in New York,'' says Harrell. ``There is too much political resistance from Giuliani to allow the feds to come in.''
But don't count it out, says Deeds. ``If this Justice Department found it was in the best interest of Hillary Rodham Clinton they would be in there in a minute.''
Many observers, including conservatives, objected to Giuliani's decision to release juvenile records of another unarmed Haitian man, Patrick Dorismond, whom police also fatally shot under dubious circumstances. More than half of the voters in New York state disapproved of how Giuliani handled this latest police shooting.
``The right finally woke up,'' says Abraham Abramovsky, director of Fordham University International Criminal Law Center and a consultant for the police on the Louima case. James Cohn, who heads the Criminal Defense Clinic at Fordham University, adds that cases such as Louima's prompted some conservatives who initiated the 1960s-era ``Support Your Local Police'' campaign to take a hard look at the abuses. ``The political taint begins to drop off in some of those shocking cases,'' he says. ``There has been a ``heightened awareness among conservatives that there is a problem and that itself might facilitate some political solutions,'' he says.
Abramovsky advocates a national training program, similar to the military academies. Columnist Hentoff advocates changing the culture in the police academy. He says former New York City police commissioner William Bratton's ideas of thorough background checks and mentoring could help. Bratton has called for records of all police recruits to be checked thoroughly to weed out those with any history of violent tendencies, as well as a review after the first six months on the beat. Then, says Hentoff, the idea is ``to get a senior officer - preferably not a brutal one - to be a mentor.''
Criminologists say the new beat cop is not like cops of generations gone by. Former NYPD detective Dick Ward, who now is the dean at Sam Houston University in Texas, says: ``Many people coming into the department are younger. Today there are fewer military veterans and a lot of people don't have experience with violence.''
These newer recruits also are meeting a new kind of criminal - a more dangerous one - says University of Florida Levin College of Law criminologist Chris Slobogin. ``Crime has become more random and police are more suspicious and more likely to use force because more police officers are dying. You don't know if a suspect is going to turn on you or not. The public at large doesn't have a significant problem with these clean-up operations. They see it as a justifiable way of protecting the public.''
``Zero tolerance is not a bad idea, it's just a matter of being able to balance it,'' says a civil-rights attorney. ``But I don't know if you can have zero tolerance and good minority relations.''
For minorities, respect is difficult when officers honor their code of silence and refuse to cooperate with citizen review boards. ``The code of silence is very much with us today, no matter how egregious an incident may be,'' says Slobogin. ``One of the worst sins an officer can commit is to snitch. Their code of silence is as good as the Mafia's.'' This is understandable, he adds. ``If you are seen as a traitor you may not have anyone protecting your back. Police just don't think anyone understands their situation and they may be right. They believe they deserve to be respected.''
And respect is something, cops argue, that the federal government knows little about at a time when they say Reno's raiders have been running amok.
from The Miami Herald, 2001-Jan-24, by Jay Weaver:
Staff opposed Elián seizure
Backlash feared, INS e-mails revealIn the weeks leading up to the seizure of Elián González, some local employees of the Immigration and Naturalization Service expressed grave concerns about a raid on the boy's Miami home, saying it would be a ``black day for the nation,'' according to INS memos cited in a lawsuit against the federal government.
In one of the memos, an INS special agent implies that Miami Police were involved in the operation at least 11 days before the April 22 raid to reunite the 6-year-old Cuban boy with his father. The city's role was to provide ``outer security'' during the seizure, according to the e-mail.
Former Miami Police Chief William O'Brien said at the time that he was not aware of the exact timing of the raid on the Little Havana home of the boy's relatives until the afternoon before it was executed.
This new information came to light Tuesday as U.S. District Judge Federico Moreno issued an order requiring a labor attorney for some INS employees to reveal their names as part of the civil suit by Elián's Miami relatives against the government.
The attorney, Donald Appignani, works for the union representing the workers.
He had turned over two internal INS e-mails to lawyers representing Elián's Miami relatives.
Appignani said Tuesday night that he had not made up his mind whether to comply with the judge's order or appeal it.
He has cooperated with the González family's lawyers by providing the initial deposition that accused the INS of destroying sensitive Elián-related documents, e-mails and other information.
He also brought to light a post-raid INS souvenir, a coffee-cup holder, that was seen as derogatory toward the exile community.
The two April 12 e-mails -- all between INS employees who are members of the American Federation of Government Employees, Local 1458 -- reveal that some Miami INS employees thought the raid might put district employees ``at risk of serious public reprisals,'' such as the public criticism following a 1998 INS raid on a West Dade flower warehouse.
In the e-mail to the union's national office, Jose M. Touron Jr., the Miami local's vice president, said the INS employees thought the boy should get an asylum hearing, contrary to the INS's official stand to reunite him with his Cuban father.
``If INS intentions against the child Elián González is carried out, it will be a black day for the nation,'' Touron wrote to the union's national officers, including President William King, based in Orlando.
He also copied then-INS Commissioner Doris Meissner, INS District Director Robert Wallis and other agency officials.
Touron, speaking on behalf of INS Special Agent David Wallace, the Miami local's shop steward, urged the union's national officers ``to speak up'' against any plan to take the boy by force.
SAFETY CONCERN
``You cannot remain silent on this issue,'' wrote Touron, an immigration inspector at Miami International Airport. ``If INS is still stubborn and still insist[s] on going down the path of political destruction, we should care for our employees and their security and security of their families.''
In another e-mail, Wallace told Touron that as of April 11, the plan to reunite Elián with his father would involve Miami Police, U.S. marshals and INS agents. He said the information was provided by his first-line supervisor, Phil Warfield, and confirmed with an agent from the U.S. Border Patrol office in Pembroke Pines.
``So far all of this plan has been verbal, no written plan has been provided,'' wrote Wallace, who Appignani said was demoted over the e-mail. ``All agents are expected to be at work on Thursday, April 13, 2000. No leave will be authorized for that day.''
The night before, Attorney General Janet Reno had met with the González family at the Miami Beach home of Sister Jeanne O'Laughlin to discuss turning over Elián peacefully. But Lázaro González, the boy's great-uncle, refused to budge on her request.
ORDER DEFIED
On April 13, the government gave official notice ordering González to surrender the boy at 10 a.m. at Opa-locka Airport. He defied that order as hundreds of Cuban exiles gathered outside his Little Havana home, including celebrities Gloria Estefan and Andy Garcia.
González family attorney Frank Quintero said the two INS e-mails show there was ``dissension'' among immigration employees about the government's planned raid and that the Miami Police were involved in its strategic planning earlier than first thought.
He also said the e-mails show the negotiations between the boy's Miami lawyers and the Department of Justice were a ``hoax.''
``They were buying time to finish getting ready for the raid,'' Quintero said.
from Salon, 2000-May-2, by Bonnie Bucqueroux:
When cops become combat troops
The controversial use of force to seize Elián González is just business as usual in the war on drugs.In the debate over the federal government's use of force to return Elián González to his father, the left and right have magically swapped sides.
Liberals who protest the excessive use of police force under New York's Mayor Rudy Giuliani have been quick to defend ferocious INS agents in helmets, camouflage and ninja masks, brandishing assault weapons, arguing that the ends justify the means. Meanwhile many conservatives, some of whom never met a SWAT team they didn't like, are up in arms over the civil-liberties abuses suffered by the Miami González family.
The debate obscures one fact: The shocking images of combat-ready officers battering their way into a private home are routine in America's cities today thanks to the war on drugs, as well as the war on illegal immigration. All across the country, the SWATification of policing has led to a proliferation of special units trained to rely on aggressive tactics, barging into homes and swooping down on citizens with impunity.
The excesses of the New York Police Department are finally well known, thanks to the tragic killings of Amadou Diallo and Patrick Dorismond. Each was killed by a special police division -- Diallo by the notorious and now-disbanded Street Crimes Unit, and Dorismond by the controversial Operation Condor, charged with randomly confronting people on the street and pressuring them for drugs, hoping to identify repeat criminals.
Meanwhile, the CRASH unit in the Los Angeles Police Department's Rampart Division battled gangs by becoming a gang itself, with its own violent initiation rites and "awards" for maiming and killing prey. CRASH has made the headlines, too, thanks to its members' record of murder, stealing drugs and setting up innocent people.
But all over the country, in small and midsize cities, police departments are adopting militaristic, SWAT-like approaches to crime. And thanks to an expanded mandate to combat illegal immigration, INS raids like the one in Miami are now fairly routine in neighborhoods populated by recent arrivals to the U.S.
It would be wonderful if one side effect of the González family tragedy was a new focus on the tendency of police to take a military approach to crime, creating new, hard-hitting special units to handle each new problem, whether it is drugs, guns or gangs.
Unfortunately, there seems to be little public enthusiasm for this debate. That's because few voters live in neighborhoods where gang units are likely to enter their kids' names and photos into the department database merely for wearing their hats backward. Nor do most of us lose sleep worrying whether the police might batter down our doors by mistake in search of drugs.
The tactics used in Miami to extract Elián were shocking to mainstream America, but they have long been commonplace in areas that serve as the battleground for the seemingly never-ending war on drugs. The educated and affluent seem to view policing like making sausage -- better not look too closely or you risk losing your appetite for the end product. As long as crime rates keep falling, who cares?
Yet there is good reason to question the wisdom of the SWATification of policing. Special units operate under the logic that tough problems require aggressive solutions - zero tolerance, undercover operations, intimidation, deception that borders on entrapment, even though such tactics and procedures make such units notoriously difficult to manage and restrain.
Just take the problem of gangs. The special-unit approach relies on documentation, intimidation, arrest and incarceration. A white sergeant in a major urban center once proudly told me how he had confronted an African-American youngster and demanded that he hand over his blue shoelaces, so that he could show him a "magic trick." "I hid the laces in my hand and cut them into little pieces. Then I threw them in his face and told him that if I caught him wearing gang colors again, he might disappear."
And then we're surprised when studies, like last week's report from the Youth Law Center, show that black and Latino youth are far more likely to be arrested, prosecuted and jailed than whites.
What's the alternative to the military approach to crime? In many cities it's community policing. In Boston, community policing has helped reduce crime even more dramatically than in high-profile New York.
This approach envisions generalist police officers as collaborative, community-based problem solvers. It stations officers on a neighborhood beat so they can distinguish the gangbangers from the wannabes. It brings together community leaders -- ministers, business owners, school principals -- to work on community problems, including gangs, recognizing that these ills require addressing the underlying dynamics that allow problems to persist.
Arrest is only one tool. But aggressive enforcement tactics that focus on arrest give officers nothing but a hammer, so it's no surprise that every problem begins to look like a nail -- even if it is a just a kid wearing blue shoelaces.
Taxpayers have good reason to demand a say in the kind of policing they will support. CRASH unit excesses in Los Angeles will cost the city an estimated $125 to $200 million, eating up all or most of the tobacco-tax money otherwise earmarked for public health and children's programs.
In contrast, Leroy O'Shield, founding member of the American Association for the Advancement of Community-Oriented Policing, saved millions of dollars during his tenure as chief of the Chicago Housing Authority Police Department. His dedication to involving the community, which included creating a civilian review board with real power, reduced annual liability claims from 27 lawsuits with a payout of $1.5 million to one lawsuit settled for $27,000 within two years. In Boston, too, police brutality complaints and claims have dropped dramatically, thanks to the new approach.
Yes, police must always maintain the ability to respond quickly to crises and to deploy a specially trained tactical unit to handle those rare instances when force and the show of force are the only safe solutions for citizens and police alike. But the pervasive problems of crime and violence also require officers who understand the context in which they occur and who have the department's support for exploring creative, collaborative solutions.
Republican critics of the raid on the González home have called for congressional hearings about the government use of force. If they were sincere in their concerns about civil rights, they'd hold hearings about police tactics in the war on drugs, too. Instead, they're playing politics, just like their liberal counterparts who blindly defend Attorney General Janet Reno's show of force, and ignoring the real threat to civil liberties that the military approach to policing represents.
About the writer
Bonnie Bucqueroux is executive director of Crime Victims for a Just Society. She was also associate director for the National Center for Community Policing at Michigan State University for almost a decade.
from TPDL 2000-Aug-16, from Insight Magazine, by James Harder and Paul M. Rodriguez:
"Don't Shoot!"
A shocking glimpse of chaos and the LAPD8/15/00 - LOS ANGELES "Don't shoot! Don't shoot!" The words hung in the air along with the tear gas and vinegar as protesters scurried to escape the barrage of rubber bullets and bean bags being fired from riot-control forces of the Los Angeles Police Department outside of the Staples Center on Monday night.
The crowds were gathered to hear the polemic rock band Rage Against the Machine, while President Clinton addressed the nation from the Democratic National Convention inside the stadium several hundred feet away.
According to Sgt. John Pasquariello, the several hundred police were gathered to ensure a peaceful closure to the rock concert.
As a reporter for Insight magazine, I was on my way to a homeless area called "dome city" several blocks from the city center when I got caught up in the midst of the protest.
Working my way down Olympic Boulevard at about 8:00 p.m. I suddenly found myself in the midst of a calm, but very charged crowd of demonstrators. Slowly working my way through the droves of people, voices suddenly became frantic and screams started cutting through the air as gunshots were heard.
Half a block in front of us a troop of police were yelling at protesters to move back while firing tear gas and rubber bullets into the air. Suddenly I found myself being pushed by a mob of people into the caged-in area where the concert was quickly breaking up. It was the only available space between the police and the hundreds of people behind me.
Seconds later the screams intensified as people caught the first glimpse of horsemen snorting down on them from within the caged area. In a split second the horse-mounted police were on top of us with guns drawn and pointed at our faces. Caught between the horsemen in front and street platoon behind, voices became fearful as people ran in every direction, only to be confronted by rubber bullets and pepper spray. Most people threw themselves on the ground to avoid the gunfire. I quickly followed their lead in an effort to protect my gear I was wearing a mobile camera unit for Insight's webcasting operations at www.insightmag.com.
In no mood for a static crowd on the ground, the officers on horseback quickly forced us into the batons of the LAPD. "I'm a reporter," I yelled at the officers in full riot gear as they brought their clubs down on me. I looked for an avenue to escape.
Forcing my way through the crowd, I spotted a break and sprinted to get away from the police as I felt the sharp sting of a rubber bullet hitting my calf.
"Move back! Now!" officers yelled, followed by the crackle of gunfire as more rubber bullets sprayed into the crowd. With nowhere to turn, many protesters stayed on the ground until police threw them in the direction they wanted them to head.
Back on Olympic Boulevard, Ted Hayes a homeless man participating in a legal and peaceful march for the homeless was hit in the chest by a beanbag fired by police and sent to the ground, gasping for air. Hayes was taken to California Hospital and was reported to be in stable condition later Monday night.
According to Ted Neubauer, Hayes has been homeless for about six years and was the leader of their march for the homeless. Neubauer was marching alongside Hayes when he went down and says they were marching in an effort to tell the federal government of the need for a national homeless plan.
"We were proceeding forward on our sanctioned march. The police decided to come from the other direction and a bunch of young people ran past us. We went up against a wall in order to get out of everybody's way, but the police attacked us along with everybody else," says Neubauer, a Vietnam War veteran.
He says immigrants get more benefits than the men who have risked their lives for their country. He isn't happy with what the Democrat-led government has done for their cause over the past eight years but is equally disenfranchised with the Republican government.
"I happen to be a Republican," says Neubauer, "and I think they're following the Democrats' lead. For me to say that as a Republican is honest." Neubauer is no longer homeless. He currently is living with his computer teacher. He says he has elevated himself out of homelessness, after living on the streets following an accident in 1995. While waiting in a food line, Hayes says a motorist who ran a red light hit him.
Eventually winning a small settlement in court, Hayes, who had lost his job through the injury, bought a van to live in. Without enough income to keep the van up to California road standards, the vehicle was impounded and Hayes found himself on the street.
Spencer Stegena, a demonstrator from Las Vegas made the trip to Los Angeles to protest animal rights and police brutality. "They're shooting at us, they're shooting at people, but basically everything out there is peaceful. Basically it's a peaceful protest and they're handling it completely wrong," says Stegena, who doubts he will vote in November. "If I do, it will probably be for Nader. I hear he's a humanitarian and he's for animal rights."
Robert Sniffen, West Coast editor for Veteran's Vision, a quarterly American veterans' newspaper, says: "We were going to an Italian restaurant and saw what looked like troops massing and pushing protesters away from delegates who were just leaving the convention center. And this boy came up to me, a clean-cut looking kid, and he showed me where he had been shot several times by rubber bullets. I couldn't believe it!"
"He was just trying to get away from the crowds," Sniffen says. "But the attitude of the police was that he was a criminal; they didn't want to hear him out and they just cuffed him," he says still in amazement.
Then all of a sudden, Sniffen adds: "We were being forced back into the rest of the crowd by the police! And we watched them manhandle the demonstrators, kicking them and hitting people with billy clubs and forcing them back from ground zero."
"They were firing straight at the people, not up in the air or down on the ground," Sniffen says. "They were firing straight into the crowds, up close, too."
"These guys [in Los Angeles] were acting more like Gestapo. When I asked one of the officers to help me get across the street he told me, `Get moving before I club you.' I said I'm a disabled vet and a member of the media just trying to get to the restaurant across the street. He said: `I don't give a shit. Move or I'll club you,' he said," Sniffen says.
"I was part of an air squadron on the Kitty Hawk," Sniffen says when asked. "I was thankful that I survived." When asked if he was antipolice, he snaps: "Hell no! I love the police. I know a lot of officers who were veterans. They put their lives on the line every day."
"It was a sad night. It made me ashamed. I've worked in several administrations on vet issues and never seen something like this. It was totally unnecessary. They [the LAPD] caused it. It would not have happened if they had done their jobs properly. It didn't have to be that way. I've never seen this before."
from TPDL 2000-Aug-3, from Scripps Howard News Service, by Jay Ambrose:
The protesting class
(August 3, 2000 12:10 a.m. EDT http://www.nandotimes.com) - One demonstrator in Philadelphia, a woman identified as Sue Kelly, 54, of Richmond, Va., told the Associated Press: "We just don't like Republicans and what the ruling class stands for."
Assume for a moment she is right that Americans can be divided into classes that way. What, then, is one to make of a protesting class that does the following?
Pulls a wire across a road, apparently in order to knock police officers off their motorcycles, probably injuring them and possibly killing them.
Stops and surrounds a bus, paints slogans on it and terrifies the passengers.
Strikes passing police officers with their fists, beats one over the head with a bike and sends at least a half-dozen officers to the hospital.
Smashes the windows and slashes the tires of police automobiles.
Blocks streets and brings rush-hour traffic to a halt.
There's nothing wrong with peaceful protest, but hundreds of those demonstrating during the Republican National Convention have turned mean and violent, accounts show, and it is not very clear what the causes of some of these people might be. It's hard to escape the sense that the convention is just an excuse for some of them to cause pain and feel important, although they no doubt are swathed in self-justification.
As for Marxist-style balderdash about ruling classes in this land where democratic forces are as evident as the ground we walk on, it is worth noting that, according to AP, the protesters are mainly white college students. These are not oppressed masses taking to the streets as the only means of getting themselves heard, but some of the most extraordinarily privileged human beings in the whole of history. And what some are doing is giving evidence that they have little respect for anything but their own delight in disregarding the rules of the civilization that afforded them their privileges.
from Salon, 2000-Aug-14, by Jesse Walker:
War on protesters
The militarization of police strategies on display this convention season has cops fighting demonstrators, not crime.
Aug. 14, 2000 | LOS ANGELES -- The Democratic Convention may be taking the national stage this week, but those of us who live in Los Angeles have been hearing nervous hiccups about it for months. The local authorities, citing fears of riots, have tried, unsuccessfully, to confine the demonstrations to a tiny, distant protest zone. They have apparently been spying on the protesters' headquarters. And if things get ugly, there's been talk of bringing in the National Guard.
Smashed storefronts and flying rocks are bad things. But while the cops and Democrats warn of riots, a lot of us have started wondering if we shouldn't be even more afraid of repression -- especially in light of what some are saying happened at the Republican Convention in Philadelphia.
Marc Brandl of Washington attended those protests as an observer, not a marcher. In fact, he hoped to engage the marchers in debate. A devotee of free markets, Brandl had little sympathy with the causes represented in the Philadelphia streets. (I'm not wild for all of them myself.) There was a lot of vandalism on Tuesday of that week, he notes, almost all of it aimed at government property, and some demonstrators attacked some cops as well. That Tuesday was also the day most of the arrests were made.
But that doesn't mean the arrests matched the crimes. "Most of the people who committed the actual property damage and assaults on police officers, from my observation, got away with it," Brandl says. "The people they arrested -- it seemed it was random."
It might be worse than that. More than a week after the GOP closed its convention doors, ugly reports of police misconduct toward protesters are still trickling in. Imprisoned demonstrators have claimed that they were dragged, hogtied, beaten and denied medication for serious illnesses. One arrestee reports that a guard grabbed and wrenched his penis. The local authorities deny all those reports, and most of the allegations not been confirmed -- though some non-protesters caught in the dragnet have reported mistreatment as well, strongly suggesting that more than politically motivated exaggeration is at play. Human-rights groups are probing the prisoners' charges to sort the real crimes from the rumors.
One injustice is undeniable, though. When John Sellers of Berkeley, Calif., chief of the Ruckus Society, was arrested for a collection of misdemeanors -- which he denies committing -- his bail was set at an astonishing $1 million. Though a second judge later reduced the bail to $100,000, it's still hard to square that with the Eighth Amendment admonition that "excessive bail shall not be required."
Why was Sellers' surety set so high? He thinks it was to prevent him from protesting at the Democratic Convention this week. If that is so, the judges who set his bail are guilty of preventative detention, a policy most people associate with backwater military fiefdoms, not U.S. cities.
But then, many U.S. cities have been militarizing their police forces recently, with the feds' enthusiastic support. The number of paramilitary police units has taken off in the last 10 years, as has, naturally, the number of times they've been deployed. This has brought about an insidious change in police thinking, outside of the special units as well as within them. When you see yourself as part of a military force, you stop thinking in terms of individual crimes and start thinking in terms of containment.
The results were on international display last fall, with the Seattle cops' disastrous response to the protests at the WTO summit. There, officers were told to control a crowd, not to prevent actual wrongdoing. When the protests began, police actually ignored lawbreakers -- even when the vandals were at work right across the street -- because stopping them would have meant breaking with the day's containment strategy. After the mayor decided to get tough, the cops clubbed and arrested people regardless of whether they were breaking the law. Individual wrongdoing was beside the point.
Judging from reports of "random" arrests, the Philadelphia police did the same thing.
The containment strategy is not in itself new. I was an undergraduate when the University of Michigan won the NCAA basketball championship in 1989, and along with hundreds of other students, I ran into the streets to celebrate. The crowd was rowdy that night, but most of us were well behaved: There was cheering, hugging, hand-slapping, and, at worst, a willingness to climb onto other people's cars. Then a few celebrants turned vandalistic, destroying store awnings, breaking windows and in at least one case attempting to steal from a store. The would-be looter was captured by a security guard, who dragged him to one of the many lawmen lining the streets. Here, said the guard, I caught this guy trying to rob a shop. Arrest him.
"I can't," the officer replied, and gestured toward the revelers. "I have to keep this crowd under control."
But what was merely a poor priority in Ann Arbor, Mich., was downright poisonous in Philadelphia. At the GOP Convention, police weren't afraid that a celebration would get out of hand. They were, by their account, afraid of a deliberate conspiracy to start a riot. That doesn't call for "crowd control"; it calls for crime control.
Yet even when individuals were targeted -- as with the arrest of Sellers, or the city cops' earlier raid on a meeting hall where protesters were preparing puppets -- the prevailing attitude was military. Soldiers might conspire to capture an enemy leader or to shut down the other side's headquarters. But peace officers are not soldiers, and demonstrators are not an enemy army. Under American law, the police have no business arresting someone unless he has committed, or is planning to commit, a crime.
The authorities, of course, claim that the arrestees are criminals: that the puppet-makers were really making weapons and that Sellers is a political Professor Moriarty (the fictional nemesis of Sherlock Holmes). But to judge from what they've publicly stated so far, they have little convincing evidence to bolster those charges. Until they can do better, we're left with tales of gross abuse and illegal detention, and the bitter aftertaste of autocracy.
Meanwhile, the L.A. police have praised the Philadelphia cops' "preemptive" tactics. If I were an L.A. shopkeeper, I'd think about hiring a private guard.
from Salon 2000-Aug-8, by Anthony York, associate editor for Salon News:
Do not pass Go
Are the Philadelphia police using high bail to keep an activist leader away from the Democratic Convention?
Last week in Philadelphia, San Francisco Bay Area activist John Sellers, director of the Ruckus Society, in Berkeley, Calif., was arrested on a series of misdemeanor charges including conspiracy and reckless endangerment. Bail for Sellers was set at $1 million. Activists and civil rights groups have decried the bail as astronomical. They claim that Sellers was picked out by police before the protests even began and is guilty of no crime.
While Sellers' attorney, Larry Frankel, said the bail figure was "absolutely ludicrous," Philadelphia Assistant District Attorney Cindy Martell said the figure was warranted because Sellers "facilitates the more radical elements to accomplish their objective of violence and mayhem."
More than 300 people were arrested last Tuesday alone during traffic-stopping demonstrations and sometimes violent conflicts with police. Officers say they confiscated piano wire and gasoline-soaked rags tied to chains, which they believe protesters planned to use to injure them. Meanwhile, jailed activists have complained of abuse, including long periods of time without food, water, bathroom breaks or medical attention. There are 325 still in jail along with Sellers.
At a hearing on Monday afternoon, a judge reduced Sellers' bail to $100,000. Three other activists are also being held on high bail bonds ranging from $400,000 to $500,000 on misdemeanor charges. The judge rejected bail reductions for them during Monday's hearing.
Bail is designed to make sure defendants show up for trial. But civil liberties lawyers say Philadelphia authorities are using the high bail illegally as a tool to punish civil disobedience and to prevent the activists from attending the Democratic National Convention in Los Angeles, which begins Aug. 14.
Ever since mass protests in Seattle last November shut down the World Trade Organization conference and prompted embarrassing police retaliation, law enforcement across the country has been nervous about the potential of activists to shake things up. Philadelphia Police Commissioner John Timoney recently called for a federal investigation into groups such as the Ruckus Society that demonstrate in major cities' streets during high profile conferences.
"There's a cadre, if you will," Timoney said Friday, "of criminal conspirators who are about the business of planning conspiracies to go in and cause mayhem and cause property damage." According to Timoney, Sellers is one of those people.
Critics of the police say Sellers isn't a conspiratorial mastermind. As director of Ruckus, he is simply one of many involved in the unprecedented cooperation between environmentalists, labor groups and other activists.
But interest in the Ruckus Society grew after the broadly organized WTO protests in Seattle. In addition, the group's Ruckus Camps -- which teach activists how to harness themselves to billboards, scale skyscrapers or form police-resistant human chains -- have received attention from activists, media outlets and law enforcement.
Founded in 1995 as a group to teach demonstration techniques to environmental groups such as Earth First! and the Rainforest Action Network, Ruckus has evolved into perhaps the best known group among protesters calling for a reduction in corporate influence in government.
Sunday, Salon spoke with Ruckus program director Han Sham, as Sellers awaited his bail reduction hearing Monday afternoon.
What do you think of the $1 million bail set for John Sellers?
It does seem pretty outrageous. One million bucks and he's being held on eight misdemeanors.
They're claiming that he shackled himself to a trash can, and all of these things that are just absolutely false. He has alibis for all day, every day that they accuse him of doing something illegal. Most of those alibis are his mom and a bunch of reporters whom he has been talking to. He spent the better part of Sunday and Monday with his mom. Monday and Tuesday he was with reporters with whom he had a rapport.
The police say that he was in the middle of the crowd Tuesday smashing things. Those charges are just false. They don't have any substance. When he was arrested he had a cellphone and a Palm Pilot on him. They're trying to show that he was behind the scenes as the puppet master, that he was the wizard behind the curtain telling people what to do via cellphone. They want to hold him responsible for everything that happened Tuesday. It's very troubling.
Has this made you or other people who have high-profile roles in the protest movement nervous?
Yeah, honestly. I'm not nervous because I've done anything wrong, I'm just worried about a misperception around Ruckus. A lot of that has been fostered by some of the powers that be in Los Angeles. I think John fell victim to Ruckus' popularity. There's a total misperception about us and our tactics. And there's definitely a misperception about how much we're responsible for as far as the strength of this new movement. I'm proud of this Ruckus family and all these people we consider to be in the Ruckus nexus, but this movement is a lot bigger than Ruckus. We're just identified so closely with these mass protests. Quite frankly, we're getting more credit than we deserve.
Is this simply an effort to keep John and other protesters off the streets in Los Angeles?
In the short term, I think that's the first goal. I believe they're trying to intimidate and scare us. They're sending a message that perceived organizers will be dealt with harshly.
There's only two gratifying points to this as far as I'm concerned. These actions belie a fear of a burgeoning strength of the movement suspicious of corporate influence over government. They're afraid of our ability to embarrass them. We embarrassed the IMF and WTO. Sure, we embarrassed ourselves in the process sometimes, too. But singling out John belies the authorities' fundamental misunderstanding of how this thing is going. If they think they can take out a couple of people and kill it -- just cut the head off and watch the body die -- they're misinformed.
How do you think Ruckus became a target for the Philadelphia police?
We cosponsored a training with the Philadelphia Direct Action Group and Philly ACT UP and the Kensington Welfare Rights Union. We had some trainers at it and helped to form the curriculum and give some input to it. I know the cops were there. We intentionally opened the training to the public. They said they infiltrated the training, but it's impossible to infiltrate a public venue. We invite the press to our action camps, we try to do things out in the open. We try to conspire in public. We try to do it all under the light of public scrutiny. It seems pretty clear that we're not going to win our case in a court of law, so we'd rather try our case in the court of public opinion.
We practice civil disobedience. We talk about nonviolent direct action practiced by heroes like Gandhi and King, people who we have streets named after in every major American city. They practiced civil disobedience and direct action, just as every movement for social change has. This is a grand American tradition. What we're doing is standing up as people of conscience against a system that is prioritizing corporate profits over everything else.
That is just as much of a human rights violation as "separate but equal" was. So again, they may think they have a case, but we're going to try our case in a different venue than they are. Our credibility depends on our honesty.
But by holding activists in jail, the Philadelphia police seem to have handed protesters an issue heading into Los Angeles.
It could also be a very distracting rallying cry. Certainly this has long-term ramifications. There are bigger picture things at stake than just "Free John Sellers." We don't want it to turn into cops vs. protesters as it always does or even some fight over the First Amendment. We'd much rather the protests stay focused on the corporate takeover of our democracy and a system of government that is prioritizing profits over people. That's what we want to focus on.
Certainly there are problems with the criminal justice system in this country as well. John was arrested on a day when the protests focused on injustices in the criminal justice system. But what we were talking about in Philadelphia and what we want to be targeting in L.A. is the way the criminal justice system targets people of color. It shouldn't be about an organizer being targeted for civil disobedience. This movement is bigger than just John and First Amendment violations.
That being said, I don't disagree that they've given us an issue. It raises some questions about our strength or potential as a movement.
How is John holding up?
I think he's doing all right. Essentially he's asked us to gather funds to bail him. There's a bail reduction hearing set for Monday and he's asked us to be prepared to bail him out. He's not being brutalized or anything. Frankly, I think they know better than to do that with John. He's been isolated from the other activists and general population, which may be a good thing for him.
from Salon, 2000-Aug-4, by Anthony York:
Taking it from the streets
Philly police face ugly allegations after hundreds of protesters are detained for more than two days.Aug. 4, 2000 | PHILADELPHIA -- As George W. Bush formally accepted the Republican Party's presidential nomination down the street, two young protesters were huddled in a downtown park across from police headquarters, comparing their rap sheets.
"It's not that bad," says one. "I got disorderly [conduct], resisting arrest, failure to disperse and obstructing a highway."
But if the two were nonchalant about their future court date, they were furious at the poor treatment they said they received during their two days in jail. They were among the more than 350 arrested by police during protests in Philadelphia since Monday, most of who were still incarcerated as of early Friday morning. "I just got released 20 minutes ago, and I'm taking off," said a visibly shaken protester who would identify himself only by his graffiti name, Hest. "I don't want to be around this jail any longer."
Both Hest and his buddy, freelance journalist Joshua Valocchi, offered eyewitness reports that back up stories of prisoner misconduct and police brutality that have been filtering out of Philadelphia for the last 36 hours. "There are 160 people on hunger strike inside," explained Hest.
When asked about the reasons for the strike, he said it was "a show of solidarity with the people who had been thrown out of their cells and stepped on," and otherwise mistreated.
At the time of the two protesters' testimonials Thursday night, officers were gathered outside the jail to monitor the group of 100 activists holding a vigil for the protesters still incarcerated inside. Among the accusations made by the protesters who have been arrested, and their advocates outside, are that prisoners are being denied bathroom privedges and medical care, and are being "physically brutalized" by police.
"We've been getting reports all night long of severe police brutality," said Amy Kwasnicki, spokeswoman for the Philadelphia Direct Action Group, a coalition group of Philadelphia protesters. "Water has been cut off in two of the cell blocks. It's just ridiculous and incredible and frightening. Everyone who has called in from the jails has reported they've heard people screaming in pain, calling out for medical care and police medics are not giving them any care."
There, a police spokeswoman said the stories of misconduct are a mixture of exaggerations, half-truths and flat-out lies. Officer Williams, a spokeswoman for the Philadelphia Police Department, called the allegations of abuse "absolutely untrue," saying many of those who had been arrested were not cooperating with officers. "All prisoners are treated the same way -- with respect," she said.
Earlier in the day, Police Commissioner John Timoney said it was the protesters who were responsible for their prolonged incarceration. "There's been widespread removal of clothing by both sexes," added Deputy Police Commissioner Robert Mitchell. Mitchell also said that some of the protesters had bombarded jail guards with feces.
But Timoney said police had arrested a group of out-of-towners whom they have identified as the ringleaders of some of the violent protests. "I've never really experienced the intent to harm officers and the ferociousness of the intent, that I saw the other night,'' he said. "This is like the third or fourth city now, and L.A." -- [where the Democratic convention will be held in less than two weeks] -- "might be the fifth, where we've seen this.''
There was much speculation that the protesters would be released as soon as Republicans, and the media, pack their bags in the next day and head out of town. "We're not letting our guard down until the gavel sounds tonight,'' Timoney said Thursday.
Valocchi said he never had any intention of going to jail, or even protesting. He said he ended up in jail after being caught up in "a melee," and was just covering the protests as a journalist. "I was on my way down to the Shadow Conventions when we got caught up in it," he said. "Somehow, a cop got knocked down right in front of us, and my friend and I tried to get out of there. We turned around, and there were all these cops on horses there. The horses were going crazy. Next thing I knew, I was being thrown on the ground and cuffed."
When asked if some of the people arrested had refused to cooperate with police, Valocchi says there was "definitely some of that."
"They kept saying people who cooperated would be let go much faster," Valocchi said. "But people who cooperated got held longer."
Valocchi, still wearing a red jailhouse wristband, said he did not get food for 24 hours, and did not get access to a telephone for 48 hours, even though he cooperated fully with police. In all, he was held for 49 hours. "I hear my girlfriend's been looking for me for like three days," he said. He also said there was one man in a cell near him "vomiting profusely for at least an hour before he got any medical attention. And when he did, that medical attention was a cup of juice and a sugar pill."
Valocchi said he was not the only innocent bystander thrown into jail. "There was a jogger who got yanked in. He was just a scared mama's boy in running shoes and a security shirt. I heard him on the phone with his mom, and he sounded completely terrified, telling his mom they were treating us like pigs."
"As a journalist, I've always been a big defender of the Philadelphia Police Department in general," he said. "But no more. They were completely out of control."
Inside, he described the police bureaucracy as "a total paperwork nightmare." He said he was even thrown back in jail after being arraigned and released on his own recognizance.
"I was arraigned, released, taken back downstairs and put back in a cell," he said. "Some female officer just threw me back in there, she said she didn't know what had happened to me, if I had been released or what. She just yelled to this other cop, 'Just put him somewhere.'"
Valocchi's story does not quite measure up to some of the others that have been filtering out about alleged police mistreatment, such as postings on the Philadelphia Independent Media Center site that claim some protesters have been beaten into "a bloody mess."
Kwasnicki said protesters would keep a presence around police headquarters until all the protesters are released, and that two more rallies have been planned here for Friday. But, as the week comes to a close, the numbers of protesters are declining, too, returning back from where they came. When the remaining protesters are released, there may not be many people left to greet them.
from Reason, 2000-Feb, by Jesse Walker:
The Broken Blue Line
How to start a riotYou've heard of gun control? In December, the man who runs Seattle dreamed up the bright notion of gas mask control. With tear gas wafting through his downtown streets, Mayor Paul Schell declared a state of emergency, imposing not just a curfew and a no-protest zone but a ban on the private possession of gas masks.
This was no toothless restriction: Several people -- it's useless trying to get a precise count -- were actually arrested for breaking the rule. Far fewer people were arrested for smashing windows, looting stores, or otherwise breaking laws with a foundation more solid than a last-minute mayoral fiat.
The media love a simple story, and the prevalent account of the Seattle riots is simple indeed. Thousands came to Seattle, the tale goes, to protest the meeting of the World Trade Organization. Most of the marchers were peaceful, but there was also a handful of violent "anarchists," who started smashing store windows. Soon, local criminals joined the fray, looting the downtown shops. The police were poorly prepared and understaffed, and were unable to keep the looters from running wild. Under pressure from federal officials, Seattle declared an emergency, called in the National Guard, and let the police cut loose. The next day, the cops went overboard, beating even peaceful marchers and innocent bystanders.
A straightforward narrative, but not an entirely accurate one. According to several witnesses -- demonstrators, delegates, journalists -- police violence broke out on the first day of the conference, not the second. It was directed not at the window smashers but at a knot of protesters blocking delegates from entering the Seattle Convention Center (a few of whom were also spitting on, and throwing things at, delegates and cops). Around 10:30 or 11 that morning, the police started using tear gas to disperse the crowd, which was pressed up against the police line. Unwisely, the cops threw the gas canisters into the crowd, over people's heads, thus putting those at the front of the mass in a double-bind: Run forward, toward the police, or run backward, toward the gas. Needless to say, the scene only grew more chaotic.
As for the vandals, they had been running unchecked all morning, with nary a peep from the police. "The cops thought their job was to watch the protesters," comments Jessamyn West of the Direct Action Network. "On day one, the cops were just sitting there like dorks. That created a sense of lawlessness: I think all the troublemakers saw the cops ignoring them and thought they could go to town."
This deliberate inaction was not limited to the protest area: According to the Seattle Post-Intelligencer, police ignored several calls for assistance from around the city, so focused were they on the events downtown. One woman, discovering someone had broken into her house, called 911 -- and was told to call back once the trade meeting was over. With the police unwilling to stop the vandalism, other protesters filled the breach, blocking shops and trying to restrain the window breakers.
The next day, of course, the cops were a lot more active: They gassed whole blocks, fired rubber bullets, and beat bystanders and peaceful protesters. This did not, however, stop the looting: Indeed, far from being more secure, some business owners were gassed in front of their own stores, according to their testimony at a post-WTO city council meeting. The police arrested people almost indiscriminately, with several journalists getting caught in the dragnets. In the evening, they chased a bunch of demonstrators out of the no-protest zone -- then kept chasing, crossing Interstate 5 and entering Capitol Hill, a hip neighborhood and shopping district. The result was chaos, with police attacking locals outside their homes and on their way home from work.
Why were the police even in Capitol Hill? No one seems sure. "From what I hear, there were only one or two windows broken at all on Capitol Hill," comments Rich Lang, a real estate agent who lives in the neighborhood. Lang is in a position to know: He's the president of the Capitol Hill Stewardship Council and a former president of the Capitol Hill Community Council, and he has been active in neighborhood affairs for about 10 years. He wasn't involved with the demonstrations downtown; he's mad at the police for local reasons.
"There were all these police across the street from Starbucks, and they weren't doing anything," he exclaims. "Why didn't they try to stop the people who were trashing the place instead of tear gassing the neighborhood?"
None of this is to excuse the violent fringe of the protests, let alone the apolitical thugs who joined and perhaps dominated the shop-smashing spree. (Of the handful of people arrested for looting, all were Seattle locals and all had criminal records.) It's also important, though, to make distinctions within the protest community. Many demonstrators joined local volunteer crews to clean up the damage. Two days after the last looting spree, local activist Troy Skeels notes, "The city was turning away cleanup volunteers because there was nothing left to clean up."
Of course, some Seattleites didn't want anyone tying up the streets, whether or not they were peaceful. "I share the organizers' objection to the WTO's structure, purpose, and policies," one downtown worker told me. But, she added, "I think it was a big stupid to try and shut down the meeting.... By the time I'd spent 90 minutes trying to get to work Tuesday, I'd have fucking joined the WTO if they'd had open enrollment." Still other locals turned into riot tourists, coming downtown to watch the melee at closer range. "I kept seeing people I knew who weren't very political," comments West. "I'd ask them why they were there. They'd say, "We just wanted to check out the scene.'"
Nor is everyone upset with the police. Emily McGee, attending as a correspondent for CEI UpDate, got gassed along with everyone else. Nonetheless, she reports, "In general, the police behaved admirably.... The majority of them did a very difficult job as best they were able." She grants that there were "incidents of the police behaving in an atrocious fashion," but feels most of the blame lies further up the chain of command.
Indeed, the chief of police has resigned in the wake of the street battles, with the city promising to investigate just where things went wrong. With that report pending, two lessons already seem clear:
Beware of police preaching crowd control. It seems strange that the police would beat bystanders, lock up journalists, and gas whole neighborhoods, while leaving it to ordinary citizens to prevent vandalism and looting. But it actually makes a perverse sort of sense. The officers were told to guard the convention center and control the crowd, not to protect people and property. They were given virtually no flexibility to respond to other events: On the first day of the conference, some police reportedly explained that they could not cross the street to stop some vandals because that would mean leaving their posts. On day two, the officers may have behaved differently, but they continued to treat civilians as little more than a crowd to be contained.
On day one, no one could get arrested. On day two, anyone could get arrested. The crowd was collectively innocent or collectively guilty; individual wrongdoing was virtually irrelevant. This is the logic of a police state.
Beware of boosters chasing cameras. "For months, we'd been getting news reports and FBI warnings about what to expect in Seattle," says Greg Conko, a delegate from the Competitive Enterprise Institute. "If we all knew to expect rioting and the like, why didn't the Seattle government?" An Australian delegate posed exactly that question to a police officer toward the end of the meeting, with Conko present. The officer replied, "The mayor and governor just heard what they wanted to hear."
They sure did. Like many mid-sized metropolises, Seattle is cursed with an elite hell-bent on making the town a "world-class city"-- a code phrase for pouring public money into downtown amenities. Some Seattleites are upset with the cops, some with the protesters, some with the trade organization. Todd Matthews, managing editor of the biweekly paper Real Change, is mad at Mayor Schell and at Patricia Davis, the president of the Port of Seattle Commission. "I was pissed because they brought it here," he says -- "it" being the trade conference. "It was complete ego that they brought it here, the chance to be on the cover of every newspaper as the mayor of the city that was hosting the WTO." By inviting the conference and dismissing the chances of violence, Matthews argues, "the commissioner and the mayor put the citizens at risk to advance their political careers. It's a personal snub to the citizens of Seattle."
That doesn't quite explain everything: The police certainly knew that violence might break out during the conference, and they issued warnings to that effect to the very same downtown stores they failed to protect. Together with the conference's other mysteries, that inconsistency has fueled a lot of conspiracy theories, mostly to the effect that the vandals, or their leaders, were agents provocateurs, and that police higher-ups wanted a riot to break out.
A likelier possibility, though, is that the city's political authorities simply ignored the police department's warnings. They just didn't want to think about riots, lest they spoil Seattle's militantly mellow image. In Matthews' words, "These guys put the ass back in world-class city."
With political leaders unwilling to think about their pet projects' consequences and police unwilling to make the most basic distinctions between guilt and innocence, the turmoil was almost inevitable. But neither the politicians nor the police seem to have learned their lesson. To this day, Commissioner Davis says she doesn't regret inviting the WTO to town. "Seattle is an international city," she has explained. "This is what we do."
And the police? The next time the WTO wants to hold a meeting, Assistant Chief Ed Joiner told reporters, it should do so in a city with a bigger police force. Or, he added, in a country with a military government.
received via the "Slick" E-news distribution:
FROM AN OLD-TIME RESIDENT OF THE GREATER SEATTLE AREA:
Thoughts On Witnessing Three Days Of Hell In Seattle
-----Forwarded Message-----
[recipient's name deleted]
As you, no doubt, are fully aware, I am no friend of anarchy and civil disorder -- far from it, in fact; but, in the course of the last several days, even I have had no choice but to conclude that our local "authorities" clearly overstepped their bounds.
The police brutality exhibited by some of our local "boys in black" (and I purposely say some, since not all of them were involved ) in Seattle -- especially on Tuesday and Wednesday -- was (shades of Lenin's "Che-Ka"!!) horrifying, to say the least. (One of the motive forces that seemingly drives some such men to become "peace officers" is an inherent sense of sadism!)
The last such occasion that springs to mind occurred on the University of Washington campus (back in 1970, if I recall the year correctly), when one of my girlfriends was returning to her dormitory from the U.W.'s undergrad ("Suzallo") library and was attacked by Seattle's "riot police," who cracked her skull for "walking on campus." (Well, how else was she to get back to her dorm from the library -- fly?!?)
This week, old people and babies were pepper-sprayed and gassed indiscriminately; people totally uninvolved in the protests against the WTO, many of whom were simply trying to get home from work, were beaten, kicked, and shot with so-called "rubber" bullets -- you name it... (One man was kicked in the groin and shot at close range.)
Many people with legitimate concerns in downtown Seattle were gratuitously pepper-sprayed by the police, simply because they happened to be present as the police went by. (Policemen would turn and shoot streams of pepper-spray into their faces -- this, after having passed by them, in the first place!) Even several WTO delegates were pushed around by the police, believe it or not!
Those individuals who attempted to assist the fallen were themselves subjected to police brutality; police "batons" come raining down on both the people who had collapsed and on those trying to help them get up. Meanwhile, the police deliberately pressed their heavy boots down upon the heads of those on the ground (who were being handcuffed with the particularly cruel "flexi-cuffs" under the pretext that they were "resisting"), in order to prevent them from being able to "move on," as they were being "ordered" by the police (who then proceeded to gas, pepper-spray and shoot them at close range with "rubber" bullets in clear cases of deliberate and unwarranted cruelty). In one case, a woman fell to the ground and the police then began to shoot pepper-spray at her and at a person who was attempting to help her get up! (Media video also showed the police harassing a just-gassed older woman who was merely trying to unlock her car so that she could get away from these horrors and get home!)
Clouds of tear gas were sent flying into business establishments, and the people inside were then attacked by the police as they tried to get out (it having become a "crime" in Seattle to possess, buy or wear a gas-mask if one is a civilian). This was all witnessed by [my fiancee] and myself, watching day-long TV coverage of the events from the safety of our home. Had we been caught in the "crossfire" of gas and pepper-spray, we might well have died, under those circumstances, as you are fully aware, due to our severe cases of asthma and chemical-sensitivity -- especially, without gas-masks!
What is especially disconcerting is that the police were attacking peaceful protestors, while the anarchistic and criminal elements were allowed free rein -- almost as if by collusion with "the powers that be"!?
So this week, [name deleted], has provided us with a foretaste of what the "New World Order" holds in store for us, if it is ever allowed to come fully into its own! The Gestapo and the "Che-Ka" were merely the "blossoms" -- will we live to see the "berries"? God knows!
-- Yura
from http://www.emperors-clothes.com 1999-Dec-2, via the the Slick E-Zine, 1999-Dec-4, by Jim Desyllas:
Collateral Damage in Seattle
Report from Portland student Jim Desyllas (posted 12-2-99)
Called-in from a pay phone outside Seattle. Wed., 7:30 pm Pacific time.I just spent 4 days in Seattle. The "information" people are getting from the mass media is false. This was not, as Pres. Clinton claims, a peaceful protest marred by the actions of violent protesters. This was a massive, strong but peaceful demonstration which was attacked repeatedly by the police with the express purpose of provoking a violent response to provide photo opportunities for the Western media. I know because I watched it happening. I'll tell you how they did it.
As Michel Chossudovsky says in his "Disarming the New World Order" (See Note # 1 at end for link to that article) - the government put a lot of effort into making sure the protesters in Seattle were a "loyal opposition" who wanted to reform the WTO, not get rid of it. But the people in Seattle - American steel workers, Canadian postal workers, college kids from all over, environmentalists from Australia - you name it - were not for reforming the WTO. They were for getting rid of it.
And this wasn't just true of the protesters. I interviewed delegates. None of them had anything favorable to say about the WTO. Two delegates from the Caribbean were angry about job loss. One delegate from Peru took a bullhorn and got up on a car and spoke to the protestors against the World Trade Organization. He said it hurts the workers and farmers. I interviewed a Norwegian guy from Greenpeace. Totally against it. Even a delegate from Holland said it had hurt the farmers there. He said though it is supposedly democratic, that's actually a lie: the US, England and Canada and a few others get together and decide what they want to do. Then they ask the rest of the countries to vote and if they vote wrong they threaten,"You won't get loans," or whatever. They get them to do what they want by blackmailing them. The Italians we interviewed were upset too. I couldn't find any delegates who were in favor.
So the government instigated a "riot" to discredit the movement against the WTO because they couldn't dilute it. I am not guessing about this. I was there. I saw it happening. And I will tell you I am frankly shocked to see, close up, just how little our leaders care what happens to ordinary people. Clinton can pose and speak a lot of flowery stuff but the truth is - we are nothing to them. I saw this with my own eyes.
Sunday and Monday, there was no violence. None. The people were aggressively non-violent; they were self-policing. Up until Tuesday at 4pm there was one window broken in the whole city - a McDonalds window. This compares favorably to the typical rock concert, let alone a demonstration of people who were non-violently barring entry to the World Trade Center!
At this point, a new group of police - tactical police - moved in and started gassing people and shooting rubber bullets. Is it any surprise that people got mad? Of course, the young kids hit back by breaking some windows in retaliation for being gassed, sprayed with very painful pepper gas, and shot with dangerous "rubber" bullets. The police instigated these kids, plain and simple.
Sunday and Monday they had young cops, using them to block the streets. These were trainees. But Tuesday they had the real cops; none of them were young. They were trained to attack people. A small group, maybe 100 people total, struck back. Then these cops herded that group around the city, making sure there were plenty of photo ops of "violent protesters."
A number of times they had these 100 or so protesters caught between buildings and walls of police. They could easily have arrested and detained this small number of people and gotten it over with. Instead they would gas them and let them go. Then trap them again, gas them again, and again let them go. The cops made no arrests that I know of until late Tuesday night though the skirmishing was going on from three till 9:30. The cops would blockade three or five blocks of an area, give the angry kids room to operate, keep gassing them - when you gas a person, let me tell you, it gets them fighting mad.
Tuesday night the police gassed all of downtown. This was going on from 3 PM, till 6 PM.. Gas everywhere. The kids broke a few windows - McD's, Starbucks - small stuff - burned a few garbage cans. The police were using these people as extras. It was staged. I believe also the police had their own people in there, encouraging people to break stuff - if people think I may be exaggerating, I saw supposed protesters - they were screaming and so on - and then later, when everything was over, the same people tackled other protestors and put handcuffs on them.
At 6pm they issued a State of Emergency. At that point they had pushed the 100 people outside the city limits, so the police went outside the limits too, and they started gassing that area too, gassing the neighborhoods where the regular people live. I am not exaggerating. The police were relentless.
This was in an area from the city limits for about 10 blocks to the Seattle Central Community College. If you were alive, the police gassed you. People coming back from work, kids, women, everyone. People would go out of their houses to see what was happening because these tear gas guns sound like a cannon - and they would get gassed. A block away there was a Texaco gas station - they threw tear gas at gas pumps, believe it or not - they were like vandals. They gassed a bus. I saw it with my own eyes. A bus. The driver, the riders, the people just abandoned it .
I was sitting in a little coffee shop called Rauhaus, [Jim did not spell this - the spelling may be wrong.] They were shooting "rubber" bullets at the glass. I picked up a dozen of the things in a few square feet. They were also shooting this paint that you can only see with a florescent light. They would paint anyone and everyone and then go hunting them.
Anyway, because they were gassing everybody, the local people got mad too and they joined the 100 who had been herded out of the city. So soon there were 500 including the neighborhood people and all very angry. Naturally. Because they had been gassed and hit with pepper spray, that stuff does a number on you. And shot with these damn bullets. Then people set up barricades at Seattle Central Community College. The cops organized themselves for about an hour and then moved in and gassed that area.
Today they started mass arrests. That was because Clinton - the Greeks call him the Planitarchis, Ruler of the World - was coming. Weeping crocodile tears about how he just LOVES peaceful protest, which of course you'd have to be two years old to believe he had nothing to do with the police action. This whole thing, this police attack, this was US foreign policy, not some action decided by some bureaucrat in Seattle. This was the State Department. They wanted to discredit the people.
When things started on Sunday, there was a protest rally of solidarity involving people from different walks of life. Monday it got even bigger. Tuesday there was a big sort of carnival where people were doing different things, a band was playing music and people were blocking the World Trade Center. And about 3 PM the cops started throwing tear gas.
The thing that drove Clinton crazy was that on Tuesday the protesters had succeeded in making nonviolent human chains and had therefore stopped everyone from going into the World Trade Center. Only maybe 27 delegates got through, mostly US and British. There were what seemed like tens of thousands of protesters involved. So the police did their gassing number against these nonviolent people to break up the human chains and make the protesters look violent.
Today (Wednesday) I followed the union protest put together by the Longshoremen's Union. They went down to the docks and had a rally then marched to Third Avenue. As soon as they got there the cops started gassing them. There was an old lady there. She had gone downtown by bus to buy something. This lady was in her 70's and I saw her trying to run, but she couldn't breathe. She was in shock. I carried her to a building entryway. She was gasping, terrified. She had been in Germany, and it was like she was having flashbacks. The tear gas sounds like gunfire and there were helicopters overhead, sirens, cops on horses, everything.
They had clearly made a decision to destroy this movement.
So anyway there I was with her in this building and she wanted to go to the hospital but there was tear gas everywhere and I was afraid if I tried to move her she'd be gassed again. I went to this line of cops and begged - I mean begged - these riot police to help her. They ignored me. A girl told me later that a one year old had been gassed. And I myself saw a girl no more than 18 - a cop had busted her lip wide open - she was bleeding - and then they gassed everyone including her. After that she was kneeling on the ground crying like a baby and praying for 15 minutes, Hail Mary, Hail Mary. Over and over. She was in a state of shock. They just gassed these people who were sitting down non-violently and doing nothing. Nothing.
At one point the Seattle Mayor said his boys were not using rubber bullets. Miraculously, by then I had ten in my pocket. I could open a little market, sell the things. They are everywhere. I and other people started giving them to delegates and stuff. "See what they're doing? They're shooting "rubber" bullets and lying about it." We showed them to the media. I guess enough people and the media got the information because the Mayor made a new statement then that they were using them. As if he hadn't known.
They shot rubber bullets from four feet away into the face of a guy next to me, broke all his front teeth. When that happened I lost it. I forgot I was supposed to be getting the news for all of you and I started yelling at the cops, "What the hell is wrong with you? Are you sick, man?" So this cop aimed his gun right at me. That was his answer. So I first put my hands in front of my face because I didn't want to lose my teeth. And then I thought, to hell with it. I was wearing my target shirt that said "Collateral Damage", you know? With a bullseye target, like they wore during the bombing in Yugoslavia. And I told this guy, "Go ahead, shoot! Here! Here's the target!" He didn't shoot me.
I want to emphasize, these protesters were NOT violent people. They were the most non-violent people I have ever seen. Even when I was screaming at the cop, this girl came up to me and said, "Do not scream. This is non-violent." These people were too much to believe. They must meditate all the time, I don't know.
Clinton said he supports nonviolent protest. That is baloney. Today (Wed.) the protesters were causing absolutely no "trouble". In downtown the cops had people running who weren't even protesters - like that old lady or just people going to work or shopping - everyone was getting gassed. The busses weren't running because of the gas. I was lucky to catch one with a driver who could still see. I begged him to drive the old lady home - the driver changed his route especially for her. If you want to find human decency, stay away from the Planitarchis. Go to the to regular people. They have some. The Planitarchis lost all his years ago. Now he wouldn't know human decency if it came up and bit him.
So now I have made personal acquaintance with the people who run this country, and they are quite simply scum. There were people at work, people with babies, they were all getting gassed because the government would not allow an assembly of people speaking their minds. It is the same as what happened in Athens. Clinton's requirements on the Greek government created the riot and he did the same thing here. And then he says he supports nonviolent protest? How? By shooting rubber bullets? And today they outlawed gas masks. They want to make sure everyone gets his money's worth.
Today, just like yesterday night, the police were in the residential neighborhoods. People in caf=E9s were getting gassed and shot at, you could hear it on the windows, bang, bang, bang. A guy trying to cross the street to go to his house got gassed. First a drunk guy outside a bar yelled at the cops "Get out of here!" so they gassed him. And then this other guys was just crossing the street to go home so the cops figured, might as well gas him too. People got gassed for coming out of restaruants and bars and coffeee shops. I'm amazed that nobody died who had asthma or something.
Or maybe somebody did die and they didn't talk about it. I mean after all, it's just collateral damage..
***
Note # 1 - For a critical look at the World Trade Organization, click on SEATTLE AND BEYOND: DISARMING THE NEW WORLD ORDER or go to http://www.emperors-clothes.com/articles/chuss/seattle.htm
If you would like to browse articles from Emperors-Clothes.com, click here Or go to: http://www.emperors-clothes.com
from TPDL 2000-Jun-10, from Insight Magazine, by Kelly Patricia O'Meara:
Wildlife SWAT Unit Runs Over Law
A North Carolina exotic-meat business was forced to close by overzealous federal and state officials, who don't seem to understand what the law is regarding exotic game.
On Nov. 15, 1995, agents from the North Carolina Wildlife Resources Commission, or NCWRC, and the U.S. Fish and Wildlife Service arrived at Earl Peck's home-based business in Rocky Mount, N.C., to discuss whether he might be in violation of state wildlife laws by selling game from other jurisdictions where its commerce is legal. Peck invited the agents in, explained that through his exotic-meat business, International Home Cooking, he did indeed sell some black-bear meat purchased from a legal out-of-state distributor. So was the matter resolved amicably?
Alas, not really. In a perfect world of courtesy and civility, where innocence is presumed until guilt is proved, the problem might have been played out as imagined above. But Peck was not afforded the benefit of the doubt and the events that unfolded that fall day have put him out of business and left him near bankruptcy. Indeed the investigation and raid resembled something out of television's popular Cops series, where SWAT teams and siege tactics are the norm. Here is what actually happened to this respected citizen and businessman.
In June 1995, North Carolina Wildlife Officer Charles Shaver, posing as a customer, purchased 40 pounds of black-bear meat from Peck. Through DNA testing at a federal laboratory it was confirmed that the meat Peck sold Shaver was black bear. According to Peck, during the ``buy'' Shaver asked if it ``is legal to purchase bear'' and Peck responded in the affirmative, explaining: ``I get it from my [out-of-state] distributors.''
When Peck returned home, he thought again about Shaver's question and immediately contacted one of his California distributors to confirm the legality of the sale. The distributor reassured Peck that not only was the sale legal, but the meat was government-inspected by the U.S. Department of Agriculture, or USDA.
Nearly six months elapsed before Shaver contacted Peck in November 1995 to arrange a second purchase. Because Peck ran the business from his home, he would take his meat to buyers rather than have them clog the neighborhood with trucks and other traffic. On this occasion he agreed to meet Shaver in the parking lot of a nearby restaurant. Unaware of any crime he might be committing, Peck loaded the bear meat into Shaver's automobile and, just as the undercover officer was preparing to pay Peck, a half-dozen armed law officers sped to the scene. Believing he was being robbed, Peck was pushed against the car and frisked while the entire episode was videotaped.
Peck does not believe he was read his rights, but he does recall that he was handed a search warrant by one of the officers who then instructed him to drive two of the inspectors - U.S. Fish and Wildlife Special Agent Theodore Curtis and Maj. N. Tyson Laney, chief of law enforcement for NCWRC - to his home-based business. Eight officers spent hours downloading information from Peck's computer and searching his home, including his bedroom, for evidence about the sale of exotic meats. When the search was concluded, state and federal officials walked away with Peck's business records and nearly $2,000 in various meat products, including the suspect bear meat. Before leaving the bewildered Peck, Curtis warned him that he was facing a $20,000 fine and five years in prison on each count of violating the law.
Despite the dramatic methods used by state and federal wildlife officers to ``catch'' Peck in perceived criminal activity, no charges were filed against him. Now, nearly five years later, the same state and federal authorities that participated in the raid on his business are stunned that Peck blames them for the loss of his livelihood. And, even more bizarre, the state officials who participated in the raid have a kind of amnesia about which authority, state or federal, initiated the raid.
``I'm not aware,'' says Col. Roger LeQuire, director of enforcement for the NCWRC, ``of any state charges that were ever brought against Mr. Peck.'' LeQuire tells Insight that ``the U.S. Fish and Wildlife Service charged Peck with something at one point, but we had minimal input on the initial raid. We didn't seize anything from Mr. Peck. The U.S. Fish and Wildlife Service was working this case and we stepped out and let them handle it because they have much greater resources. I have no idea who brought them into the case, and I don't know what their involvement was - what they seized or anything.'' Trying to explain who initiated the raid, LeQuire surmised that it ``could be another scenario where the U.S. Fish and Wildlife Service brought in one of our guys.''
According to Mike Elkins, regional director of law enforcement for the South East Region of the U.S. Fish and Wildlife Service, ``North Carolina agents came to us for assistance because they had become aware of a company that was selling black-bear meat. We got a search warrant, reviewed the evidence and the U.S. attorney declined to prosecute.'' In fact, Elkins quoted from a document in the U.S. Fish and Wildlife's file on Peck that it was North Carolina Special Agent Shaver who initiated the request for federal assistance - a fact that LeQuire, as chief law-enforcement officer for the NCWRC, should know.
While the confusion even about which agency initiated the raid on Peck tells a great deal about the embarrassment caused by the case, the state laws that Peck reportedly violated are even more confusing.
For instance, it is state law that black bear may not be sold in North Carolina, regardless of whether the bear is killed in the state or imported from other states that allow its sale. Likewise, according to an Aug. 7, 1996, letter from the NCWRC's Laney, it is unlawful to sell ``any member of the deer family (Cervidae), whether or not the species is native to North Carolina.'' However, according to a letter dated Oct. 22, 1996, from LeQuire, selling red-deer meat from New Zealand is legal.
The Embassy of New Zealand had been surprised to learn that North Carolina prohibited the sale of its deer, according to Laney's letter, and contacted state officials. LeQuire then backtracked and explained that the statute ``prohibits the sale of edible portions'' of ``game animals'' - thus deer. But, the latter continued, ``The question becomes are New Zealand red deer game animals under North Carolina law and prohibited for sale? The answer is `no.' ''
Never mind that the New Zealand red-deer meat Peck had in stock was confiscated by NCWRC officers - apparently illegally.
To make matters worse, Laney in his letter further stated that the sale of quail, pheasant and duck also is illegal in North Carolina. This of course will be a huge surprise to the local supermarkets that sell these meats from their freezer chests. Clearly the NCWRC appears to be confused about what meats may or may not be sold in the state, which makes Peck's case all the more bewildering.
According to North Carolina state Rep. Gene Arnold, a Republican who has taken on Peck's case, ``What has happened to Peck is a sad commentary on the state of government. There is no question that Earl Peck was mistreated by the government. They destroyed his business and his life. This simply is a case of government run amok.''
Peck agrees. ``In reading the law, I still believe I did not break the law because the NCWRC exists to protect native species of North Carolina. In no way does product produced outside North Carolina for the purpose of consumption - which is USDA-inspected and labeled, and with a trail of receipts - affect the native wildlife of North Carolina.'' Besides, Peck's was just one of many exotic-meat businesses specializing in the sale of alligator, bear, buffalo, caribou, cobra, wild boar, wild turkey, ostrich and kangaroo.
Peck continues: ``If someone in government had informed me that any of my products were illegal, I would have stopped selling them. Unfortunately, I wasn't given the opportunity to respond. I was only allowed to react to the Gestapo tactics these agencies used on me. My business was forced into an unoperational mode because of these tactics and it remains unoperational because of the government's lack of knowledge, additional requirements placed on my business which were not placed on my competitors - and the resulting damages caused by these agencies.''
The state and federal law-enforcement officials who raided him as if he were Al Capone trafficking in poisoned hooch take no responsibility for destroying Peck's livelihood. ``Unless his business was totally dependent on black bear,'' says Elkins, ``I don't see any reason why he says his business is shut down.'' LeQuire expresses similar sentiments: ``I understand these are questions you have to ask, but we worked hard with this guy trying to help him get his business back on line. I don't know legally that we can do anything more - at least not in my department.''
According to Peck, ``The damages were the loss of our distributorships, damaged credit with our suppliers, losing our discounts from Federal Express when we had to stop shipping, foreclosing us from fair competition with our competitors and keeping in question the legality of our product lines. We never formally closed our business, but the problems with the NCWRC and the U.S. Fish and Wildlife Service made it impossible to operate. When I look back on all that has happened over the last five years, I have to ask, `Are the little people still a part of government or is government taking us apart?' ''
from WorldNetDaily, 1999-Sep-23, by Jon E. Dougherty:
Panel sees danger ahead for America
Domestic threats seen likely to increaseOver the next 25 years the U.S. will increasingly become less secure domestically against a range of terrorist attacks, forcing people to expand their "concept of national security" while testing individual political values, according to a report authored by the U.S. Commission on National Security/21st Century.
The commission, headed by former senators Gary Hart and Warren B. Rudman and staffed by business, academic and former military leaders, is currently studying the issue of national security in preparation of a three-part report to be completed by April 2001. Of their most significant findings, the panel believes that "America will become increasingly vulnerable to hostile attack on our homeland, and our military superiority will not entirely protect us" over the next quarter century.
The first report, entitled, " New World Coming: American Security in the 21st Century," concluded that the U.S. will remain "both absolutely and relatively stronger than any other state or combination of states." However, the panel said "emerging powers -- either singly or in coalition -- will increasingly constrain U.S. options regionally and limit its strategic influence." Consequently, the commission believes "(the U.S.) will remain limited in our ability to impose our will, and we will be vulnerable to an increasing range of threats against American forces and citizens overseas as well as at home."
"States, terrorists, and other disaffected groups," the report said, "will acquire weapons of mass destruction and mass disruption, and some will use them. Americans will likely die on American soil, possibly in large numbers." The commission also believes "rapid advances in information and biotechnologies" will also "create new vulnerabilities for U.S. security." And, the panel said, advances in communications and information technology will make national borders "more porous; some will bend and some will break."
The notion that American citizens will someday be subjected to varying forms of terrorism on their own turf is garnering increasing concern from military and political leaders as well. In February, Defense Secretary William Cohen even told the Senate Armed Services Committee that Americans might have to surrender some civil rights in order to gain more security in the fight against domestic terrorism.
"We need greater intelligence and that means not only foreign-gathered intelligence but here at home," Cohen said. "That is going to put us on a collision course with rights of privacy. And it's something that democracies have got to come to grips with -- how much are we going to demand of our intelligence agencies and how much are we willing to give up in the way of intrusion into our lives? That is a tradeoff that is going to have to come."
Already lawmakers are considering legislation that would enhance the use of military forces in domestic law enforcement capacities. The FY 2000 Defense Authorization Bill, already passed by the House, includes provisions that would provide local law enforcement agencies increased access to military assets without necessarily having to compensate the Pentagon for their use.
But critics have dismissed the idea as a blatant violation of the Posse Comitatus Act -- which prevents U.S. military forces from engaging in most domestic law enforcement activities -- as well as a recipe to invite more military involvement from civil authorities no longer concerned about "paying the government back."
Greg Nojeim, Washington legislative counsel for the ACLU, said, "The defense authorization bill promises more military involvement in civilian law enforcement at virtually the same time Congress is investigating the role of the military units at Waco."
"We're particularly concerned that the bill effectively removes any requirement that military units be relied on only in an emergency," he added.
Senate Armed Services Committee Chairman John Warner, R-Va., denied that, saying, "There is no Posse Comitatus exception contained in this provision. The fact is this provision specifically prohibits military personnel from engaging in 'search, seizure, arrest or similar activity.'"
Nevertheless, the panel's belief that more domestic terrorism will hit the U.S. over the next quarter century is a theme popular in the nation's capitol, and the most dangerous aspect of the report, others say, is that it will only serve to reinforce the notion among lawmakers that decreasing civil liberties to enhance security is the only viable solution.
The report -- the panel's second of four planned reports -- was released September 20 and provided supporting research and analysis of the commission's earlier predictions that the U.S. will eventually be attacked domestically, "the survival and security of the United States" remains a priority among national leaders.
The 151-page report also discusses the nature of global economics -- a contributing factor to potential unrest -- and how peoples and nations will be governed over the next quarter-century. The panel believes more "international and improved regulatory regimes" in the future may translate "into less capacity for states to manipulate national economic policy." The report said "ties that bind individual or group loyalty to a state can change and even unravel, and the next 25 years portend a good deal of unraveling."
"In all cases," the commission said, "the changes ahead have the potential to undermine the authority of states." Some experts cited by the panel, such as Wolfgang H. Reinicke, suggest that the principle of state sovereignty itself, "and the state system, is wasting away."
But the panel countered this view with supporting commentary from other experts who see inherent danger in losing sovereignty. In any case, the commission believes state sovereignty will survive the "next 25 years, and probably long after."
from TPDL 2000-May-1, from the Washington Times, by A.M. Rosenthal:
Above the law?
Nobody is above the law in America except the current president of the United States, his attorney general, the Immigration and Naturalization Service and its private army. The case of Elian Gonzalez proves that Bill Clinton and his entourage believe that and act on their conviction. The armed invasion of the home of Elian's relatives in Miami by federal officers combat-ready with the deadliest of military rifles, the shocking abduction of the boy seen around the world, are so unconstitutional and cruel that they keep the hope alive that this time the courts and Congress will not allow the White House to get away with it.
In the name of decency to the boy, to all refugees who might need asylum, it is important for Americans to unravel the knot into which Mr. Clinton and his hapless attorney general have deliberately tied the story of Elian, his father and their relatives in America.
All along, these past five months since Elian Gonzalez was rescued from the waters where his mother drowned trying to escape from Cuba, the administration has tried to present the case as just a matter of returning him to his father. It certainly is that but not entirely. When, how and under what conditions should he be turned over to his father and brought back to Fidel Castro? These questions count too a lot.
This killer, Fidel Castro, who can charm foreigners dribble-mouthed, would be Elian's real custodian, as he is of all children in Cuba. Mr. Castro's laws dictate the children be trained to be obedient communists totally loyal to him and his regime and to know that the punishment for opposition can be jail, until they are old.
Now, all this was known to Elian's relatives in America. That is why Cubans flee Fidel Castro. That is why few Cuban-Americans can accept returning a child to Mr. Castro without a struggle.
And that is why they protested and demonstrated. So have other Hispanics, blacks, Jews, Catholics, almost every minority in the United States, with their voices, money, clout, votes. The Miami Cuban-Americans, with not much more than votes and voices, have the right and even duty to use both.
What they wanted was a hearing, or trial, at which Elian and his relatives might be heard. That was precisely what Clinton-Reno would not give them, month after month. The administration would like to make nice to Mr. Castro now as grease for making nicer later unless the outrage about Elian makes it impossible.
Vice President Al Gore came forward with an idea: Give Elian a permanent visa, which would provide the courts a chance to hear him, his father and their relatives. It would also offer the boy a haven if he were sent back to Cuba and years later longed for America's liberty.
Mr. Clinton wanted no part of it, so neither did Hillary Clinton; not in her village for children. The press generally treated Mr. Gore as a panderer only interested in Cuban votes. But on an important political and moral issue, he separated himself from the Clinton steamroller. For a vice president running for the incumbent president's job, that takes courage.
Facing a trial ordered by an appeals court that showed its distaste for Clintonian stonewalling in the case, the White House and Attorney General Janet Reno did what the president so often has done with one scandal or another make it far worse. Their troops gave the crowd outside the Gonzalez home a nice touch of pepper gas and then stormed in as if they were taking the Golan Heights. Miss Reno provided everything but black helicopters to help jubilant wacko militia gangs justify their hatred of America and shock foreigners open-mouthed.
What was the legal justifition for the assault? None. Professor Lawrence H. Tribe of Harvard, a liberal constitutional expert often mentioned as a Supreme Court candidate, writes that it is constitutonally "axiomotic that the executive branch has no unilateral authority to enter people's homes to forcibly remove innnocent individuals without taking the time to seek a warrant or other order from a judge or magistrate."
"No judge or neutral magistrate had isssued the type of warrant or other authority needed for the executive branch to break into the home to seize the child," Mr. Tribe stated in an op-ed article in the New York Times.
So the relatives are guilty of nothing. But knocking around in my head is the belief that officials of the governemnt cannot abuse their power to the point of illegally invading a private home, busting up the place and carrying off a guiltless child, at least not without paying a tough penalty. Can they?
A.M. Rosenthal is the former executive editor of the New York Times.
from TPDL 2000-May-24, from NewsMax, by Carl Limbacher and NewsMax.com Staff:
INS Investigating Beating of Elian Camera Crew
The Immigration and Naturalization Service is actively investigating allegations that a federal SWAT team beat up an NBC camera crew as it was preparing to film last month's raid on the home of Elian Gonzalez's Miami relatives, NewsMax.com has learned.
"That issue is now being taken up by our Internal Audit Office," INS spokeswoman Maria Cardona told NewsMax.com in an exclusive interview Tuesday. "They're looking into it more closely."
Last month, Cardona told Accuracy In Media's Reed Irvine that the machine-gun-toting agents denied having "any physical contact" with freelance NBC camerman Tony Zumbado and his soundman Gustavo Moeller. The two had been designated as the sole source to provide network "pool" video coverage from inside the house.
Cardona's denial came after Zumbado told MSNBC, "We got maced. ... We were told to lay on the floor. ... I was kicked in the stomach and pushed down and they kind of like put their foot on my back and told me not to move or else they were going to shoot."
While the NBC cameraman was being attacked inside the house, his soundman, who was still outside, was hit on the head with the butt of a shotgun, then held at gunpoint for the duration of the raid.
NBC reporter Kerry Sanders, who was also assigned by the network to cover the raid, told NewsMax.com that Zumbado and Moeller gave him identical versions of the assault minutes after INS agents sped away with Elian. Zumbado was later hospitalized for back trouble, Sanders said.
When Irvine asked Cardona why the NBC crew would simply make up such a story, the INS spokeswoman told him, "It could be because they needed an excuse for not doing their jobs."
But by Tuesday things had changed, with Cardona telling NewsMax.com, "[The Internal Audit Office] is working with NBC on getting accounts from both the cameraman and the sound guy."
On April 26, network Vice President Bill Wheatley formally requested that the INS explain why the camera crew was roughed up, complaining, "It's fair to say that our people weren't able to do their work because of the action of agents."
Several calls to NBC Tuesday were not returned.
Though the beating investigation is ongoing, Cardona hastened to add, "At this point our preliminary information is that no one in that house was touched physically."
However, Cardona admitted that agents involved in the raid were never asked directly about assault allegations by Zumbado and Moeller.
"[The agents] were not interviewed specifically about those two instances. They go through a process, which is something that is always done, called a de-brief. And each agent goes through what happened in that house from their own standpoint. And there is no indication that anyone in that house was physically touched."
Should the NBC crew's charges pan out, it could mean big trouble for the agency.
On Monday Judicial Watch filed a $100 million lawsuit against INS Chief Doris Meissner, Attorney General Janet Reno and Deputy AG Eric Holder on behalf of Donato Dalrymple, the Miami fisherman who was forced to hand Elian over at gunpoint.
Among the charges leveled by Dalrymple: INS agents employed unnecessary and excessive physical force, including the use of pepper spray inside the house. Justice Department spokeswoman Carole Florman said Monday that no pepper spray was used inside the house.
Also joining the suit is Michael Stafford, who, like Zumbado and Moeller, says he was beaten by agents as he protested the raid.
Spokeswoman Cardona told NewsMax.com. that the INS is reviewing Dalrymple's lawsuit and "we'll respond appropriately in court."
from TPDL 2000-May-1, from the Chicago Sun-Times, by Robert Novak:
Reno's raid needs a closer look
`There was no knock at all, none at all," the "fisherman" Donato Dalrymple told me over and over. But federal authorities insist the SWAT team crashed through the door in Miami to seize Elian Gonzalez because of no response to their knocking. Reason enough, then, for future Senate hearings into Attorney General Janet Reno's latest performance.
The current mantra from Democrats defending the Reno raid is that the Cuban boy and his father should be given "space"--freedom from congressional inquisition. In advance of the hearings, Immigration and Naturalization Service officials deluged the news media with their version of what happened. Demonization of Elian's Miami relatives continues, and Dalrymple (no fisherman but a house cleaner) has become the object of ridicule.
In this atmosphere, putting people under oath to answer serious questions seems in order. Apart from foreign policy considerations in President Clinton's desire to please Fidel Castro are the raid's extralegal aspects, including force used to prevent television coverage. Even if the American people don't care and the news media are blase, senators might well consider these inquiries:
Question 1: Is it federal SWAT team procedure to smash in the door without waiting for a response? Even if Dalrymple is incorrect in saying there was no knock on the door, the elapsed time before violent force was exercised was probably just a few seconds, according to eyewitnesses.
Question 2: Once the house was entered, was resistance offered? "People tried to throw ropes around the agents as they went into the house," Reno claimed in her press conference last Thursday. "A couch was pushed up against the door to limit entry."
But there is no substantiation for these claims. After the raid, NBC cameraman Tony Zumbato said: "It was a verbal exchange. But other than that, nobody raised a hand."
Question 3: Were there weapons in the house to endanger the raid? Reno has made that claim, but not the INS official who last week laid out an elaborate Cuban-American network of resistance that never materialized. "There was no weapons that we saw," Zumbato said. The INS application for a search warrant, just hours before the raid, cites people who have indicated to the media "their intention to make a human chain around the house" but offers nothing about weapons.
Question 4: Was there any consideration of Elian's physical and psychological security being undermined? "This little boy," according to Associated Press photographer Alan Diaz, "was really crying. He was in terror." As for the way the federal agent's automatic weapon pointed in the now-famous photo, Diaz said, "to me, it was in his [Elian's] direction." Reno and INS officials have not given the rationale for going in to seize the boy if the situation really were dangerous.
Question 5: Who ordered a ban on televised coverage of the raid? "We knew that there would be pictures that would graphically depict what was happening," Reno said Thursday. But after Clinton attorney Gregory Craig's private plea the day before the raid not to televise it was ignored by the networks, federal agents granted his request.
Question 6: Did Reno negotiate in good faith? The after-the-fact briefings and the before-the-fact application for a search warrant both show INS intent to stage the raid on Holy Saturday. While Sen. Bob Graham of Florida says Clinton assured him there would be no nighttime raid, the INS affidavit said it "may plan to execute the search warrant during nighttime hours."
During 7 1/2 years ranging from the Waco massacre to the Clinton campaign coverup, Reno has fended off such questions with non-answers. That may explain why reporters at Thursday's press conference seemed anesthetized. It remains to be seen whether members of Congress will forge ahead in pursuit of the truth or retreat after reading the polls.
from TPDL 2000-May-8, from the Chicago Sun-Times, by Robert Novak:
`Clintonized' GOP heeds the polls
Rep. J.D. Hayworth, the flamboyant former football player and television sports anchor, pulled out of his pocket a copy of the U.S. Constitution at last week's meeting of House Republican whips. Hayworth ripped out the page containing the Fourth Amendment, which bars "unreasonable searches and seizures." That is what congressional Republicans will do to the constitutional guarantee, he said, if Attorney General Janet Reno is permitted to get away with the Elian Gonzalez raid.
As of now, she is sure getting away with it. Hayworth's dramatic gesture was in response to the indefinite postponement of Senate hearings on the dawn seizure of the Cuban boy during Easter weekend. Signals have come from Austin that Gov. George W. Bush, the party's new de facto chief, does not want such hearings. He was preaching to the choir. With the exception of House Majority Whip Tom DeLay, Republican leaders now do not want them, either.
To justify this inaction, Republican leaders privately express their consternation at the prospect of Reno--her angelic smile and visible symptoms of Parkinson's disease--pilloried on national television by angry Republicans. But no such concerns were voiced until polls came in showing an overwhelming majority of Americans in support of the Miami raid. Like the president, the Clintonized Republicans lead by reading the polls.
The April 22 raid was instantly deplored by all manner of Republicans, including Bush, DeLay and Senate Majority Leader Trent Lott. Reno appeared before senators for two hours behind closed doors April 25, providing the same non-answers that mark her style. An exasperated Lott immediately announced hearings for the next week. But April 28, Senate Judiciary Committee Chairman Orrin Hatch indefinitely postponed these hearings.
During that week, Bush national campaign manager Joe Albaugh happened to be making the rounds on Capitol Hill. Bush's aides deny that Albaugh did anything. The fact is, however, that multiple congressional sources got the very clear message from Bush's agent that the governor wanted to hear less about Elian. They read polls in Austin as well as Washington.
A rationale for ditching the hearings: Elian is now being reprogrammed in the Maryland countryside, with the help of a doctor brought from Cuba, and will be returned to Fidel Castro's dictatorship no matter what Congress learns. But more than the boy's fate is at stake.
Although the American people may be nonchalant, the assault on a private home set off alarm bells. A village attorney in the Midwest phoned a well-placed friend on Capitol Hill to warn that the Reno raid, if ignored by Congress, would sanction policemen "to kick in a door when they feel like it."
There was at least a small intra-Republican debate behind closed doors at that House whip meeting where Hayworth ripped apart the Constitution. Rep. Henry Bonilla of Texas said the Reno raid was wrong but that the Republicans could do nothing about it. Rep. Sonny Callahan of Alabama agreed and urged his colleagues to cease and desist.
But many won't. Rep. Todd Tiahrt of Kansas said he was disgusted by President Clinton's mockery of congressional investigations at the recent White House correspondents dinner. Tiahrt urged that Republicans stick with the issue. Rep. John Doolittle of California said Republicans stood firm on presidential impeachment despite polls and should do so here, as well.
No hearings are in sight, but there are signs of Republicans trying to screw up their courage. House Speaker Dennis Hastert is pushing for an investigation without hearings. Writing in Friday's Salt Lake Tribune, Hatch cautiously urged a "preliminary inquiry" by his committee. And the indomitable DeLay has not given up on hearings and is considering a resolution that would condemn Reno's raid. At least one Republican apparently doesn't read polls.
from TPDL 2000-Apr-29, from National Review, by Deroy Murdock, Senior Fellow, Atlas Economic Research Foundation:
Jackboot Reno Stomps NBC News Crew ...while the media snooze.
One of the beauties of television is that it shows exactly what the facts are,'' Attorney General Janet Reno declared shortly after the April 22 federal seizure of Elian Gonzalez. Reno's words may help explain why the highly controversial pre-dawn raid was not videotaped from inside the Gonzalez family's Little Havana home.
The whole world, of course, has seen Associated Press photographer Alan Diaz's frightening image of a Border Patrol agent pointing his machine gun at Elian and his fisherman-savior, Donato Dalrymple. Video and audio of that scene would have been far more bone-chilling. But when an NBC News crew tried to capture such footage, they instead found themselves knocked to the ground.
``We got Maced, we got kicked, we got roughed up,'' Cuban-born NBC camera man Tony Zumbado told MSNBC. He said that as the incursion began, federal agents kicked him in the stomach and yelled, ``Don't move or we'll shoot.'' Zumbado added on NBC's Dateline: ``My sound man got hit with a shotgun butt on the head, dragged outside - he was halfway in - and he was dragged out to the fence and left there and they told him if he moved they'd shoot.''
Zumbado explained that federal gunmen also disabled his camera and yanked out its audio cable. By the time Zumbado and sound man Gustavo Moller stood back up, Elian had been whisked away in a white van.
NBC News vice-president Bill Wheatley told the AP, ``we believe that the agents went further than they had to and prevented him [Zumbado] from taking pictures.'' NBC News President Andrew Lack wrote INS Commissioner Doris Meissner April 26 asking for an explanation.
Gustavo Moller called the raid ``the unjust way of gaining justice.'' The Cuban native - who fled Castro in 1960 at age 11 - told me the agents, ``did a terrific job. Their purpose was to scare the s**t out of everybody, and they did.''
Meanwhile, an ambulance took Zumbado from his home to Miami's Baptist Hospital on April 26 after he fainted from back spasms. He suffers chronic back trouble, and thinks ``the roughing around didn't help it.'' As he spoke to me by phone from his hospital bed, he was awaiting further spinal tests. Earlier, he said, ``my muscles were too swollen to get a clean MRI.''
Zumbado said that the federal officers were behaving as he would expect. ``They're trained to be forceful and intimidating. The media is not excused, especially when you're trying to video tape them.''
Zumbado, however, disputed the Justice Department's post-raid claims that they welcomed news coverage. ``We were definitely not invited in like Janet Reno has stated we were,'' Zumbado said. ``If we were, we would have had a head's up. We would have been inside and I would not have been kicked.''
As Team Clinton hatched ``Operation Reunion,'' they appeared obsessed with containing images of Elian's abduction. ``The Justice Department had been in angst over this,'' CBS correspondent Jim Stewart reported soon after the offensive. ``They knew a photographer - a still or video man - would be in the house.''
Two days before the feds snatched Elian, Gregory Craig - Juan Miguel Gonzalez's attorney and President Clinton's impeachment counsel - wrote the major network and cable news channels and asked them to ``refrain from broadcasting'' the anticipated ``full camera coverage of any effort by federal authorities to take Elian Gonzalez into custody.''
Craig continued that Elian's father ``does not consent to this kind of exploitative television coverage of his child,'' and added: ``to broadcast to the public what will doubtless be an extremely difficult and emotional moment in this young boy's life will only add to that damage and increase that [emotional] suffering.''
Zumbado and Moller were in no position to ``damage'' Elian, the INS officers, Marisleysis Gonzalez or anyone else. News cameras don't shoot bullets. They shoot videotape. They also preserve the truth, something that occasionally scares the powerful. Interestingly, the Gonzalez family - who Justice Department spokeswoman Carol Florman suggests may have been armed - was left physically unharmed, albeit traumatized by the federal gunmen. The only people in the Gonzalez home who sustained bodily injury were two members of the press corps trying to do their duty.
All of this worries human-rights activists, to say the least.
``We object to any kind of interference when the news media is doing its job, and a physical assault is one of the most outrageous examples of interference possible,'' says Gregg Leslie, Legal Defense Director for the Reporters Committee for Freedom of the Press in Washington, D.C. ``We will be working with NBC or on our own to protest this.''
Freedom House's Leonard R. Sussman said of the NBC crew's abuse, ``There's no excuse for it, and we find it deplorable.'' He continued: ``That letter from the attorney for the president does not suggest an understanding of what a free press is all about.''
As if the beating of American journalists on American soil by American government officials were not outrageous enough, consider the reaction from the establishment media. ``Yaaaaawn.''
According to the Alexandria, Virginia-based Media Research Center, NBC's Zumbado was interviewed on his own network and its sister-channel, MSNBC. However, he has yet to appear on either ABC, CBS or CNN. While the AP has followed the story, the Nexis news database and three on-line search engines indicate that Zumbado's and Moller's manhandling was only covered by the New York Times, USA Today and The Washington Post, but just early and briefly.
Elian's abduction and its aftermath are huge, ongoing stories. One might have imagined that reporters and commentators would have unleashed unrelenting facts and fire on a physical attack upon two fellow journalists by taxpayer-funded federal agents.
What could be more maddening than a government that stomps on the First Amendment? When those it protects know of such an atrocity and shrug.
from Fox News with AP and Reuters contributions, 2000-Apr-23:
How the Elian Raid Went Down
The dramatic pre-dawn seizure of Elian Gonzalez capped a tense marathon of overnight negotiations between the Justice Department and the 6-year-old's Miami relatives that by 4 a.m. Saturday morning had convinced Attorney General Janet Reno that further talks would be futile.
Al Diaz/ReutersA family member looks on as U.S. federal agents remove Elian from his great-uncles house in Miami Having received an earlier nod from President Clinton to continue negotiations as long as she saw fit - but to act to remove Elian if she felt the talks were hopelessly stalled - Reno launched the operation that culminated in the 5 a.m. raid on the Little Havana home.
Here is a breakdown of how the prolonged and protracted custody dispute met suddenly with a swift daybreak end.
While the prospect of federal agents forcibly removing Elian from his relatives had loomed over the custody battle for months, the likelihood of the government moving in increased last week when a panel of federal appeals court judges ordered Elian to remain in the country until his asylum hearing could be heard.
The family viewed the ruling as a victory, but by removing the threat that Juan Miguel Gonzalez would take his son immediately back to Cuba, the administration saw the decision as nullifying the family's final objection to the custody transfer.
When the family continued to balk at the transfer, Justice officials began to acknowledge Friday that law enforcement officers were devising a plan to retrieve Elian. In the wake of these reports, the family brought in an independent mediator to broker a last minute deal with the government for a voluntary custody transfer.
The negotiations began around 4:30 p.m. Friday, dragging on throughout the night. Through a furious exchange of faxes and phone calls between the family mediators and the government, a deal in which the Miami relatives and Juan Miguel Gonzalez would share custody of Elian by living together for a period of time in a neutral compound in Washington began to take shape.
Reno briefed Clinton on the talks about 4:45 p.m. At 5:00 p.m., the family offered a counter proposal demanding the neutral location be in the Miami area, not in Washington, and that the joint living arrangement last for an "open-ended" period of time without the supervision of government officials, the New York Post reported Sunday.
According to the Post, between 5 p.m. and 8:30 p.m. Saturday, Reno was joined in her office by Deputy Attorney General Eric Holder and Doris Meissner, Commissioner of the INS. As negotiations continued, Reno, who was in hourly contact with White House Chief of Staff John Podesta throughout Saturday, again briefed the president.
The family's conditions were not agreeable to the government, and negotiations dragged on until about 2 a.m., at which time Podesta again briefed Clinton on the status of the talks.
The president agreed with Reno that she should keep negotiating as long as the talks were progressing toward a voluntary transfer. But he said Reno should move in and take the boy if talks became locked.
Meanwhile, Juan Miguel Gonzalez - who was aware that negotiations were taking place but not informed of any details - waited for news that the stalemate had been resolved.
At 4 a.m., 12 hours after beginning the latest round of talks, Reno determined that the family will never voluntarily turn over the boy. Advised by law enforcement agents that a raid would have to take place before 6 a.m., Reno ordered federal agents to seize the boy.
But Reno continued to negotiate with the family, who were caught off-guard when a caravan of white vans arrived in front of the home carrying about 150 INS agents and U.S. marshals at 5:15 a.m. Clad in helmets, goggles and flack jackets, and armed with automatic rifles, agents fired pepper spray to disperse a small group of protesters outside the house and used battering rams to open the chain link fence of the yard and knock down the front door.
Elian had not been in bed but sitting on the living room couch with his great-uncle, Lazaro Gonzalez. At the first signs of the raid, Elian was taken to hide in a bedroom closet by Donato Dalrymple, the fisherman who rescued Elian from the Florida straits where he had been floating at sea in an inner tube.
Eight agents entered the small home, making there way through the living room and a bedroom before entering a second bedroom where Donato Dalrymple had taken Elian into a closet to hide.
A few moments earlier, an Associated Press photographer waiting in an adjacent yard entered the back of the house when he heard a noise. The family directed the photographer into the bedroom where Elian and the fisherman would seconds later hide. Though the family was not aware a raid was about to happen, they said later Saturday they wanted the media inside the house to document any raid that might happen.
The photographer snapped a picture of a federal agent entering the room and pointing his weapon at Dalrymple, as Elian screams in terror in his arms.
Dalrymple handed over the boy. Three minutes after agents entered the home, at 5:18 a.m., a female agent carried a hysterical Elian wrapped in a white blanket, out of the house. Consoling him in Spanish, she placed the child in a white van, which took him to Watson Island.
Elian was taken by helicopter from Watson Island to Homestead Airforce Base, and was examined by doctors. By 6 a.m. he was on a U.S. Marshals plane headed for Andrews Airforce Base in Washington, where he was reunited with his father, Juan Miguel Gonzalez.
Alan Diaz/ZUMAFisherman Donato Dalrymple holds 6-year-old Elian inside a bedroom closet in the bedroom of Lazaro Gonzalez during a pre-dawn raid The intermediaries handling the negotiations for the family said the raid ocurred while they were still on the phone with Reno.
Barbara Lagoa, an attorney representing Elian in his asylum appeal, said the attorney who was conducting the negotiations said the talks were progressing in good faith and that a peaceful resolution was still possible at the time the agents stormed the house.
Lagoa said that statements by Reno suggesting the talks had failed were "an utter lie."
Miami Mayor Joe Carolla has ordered an investigation into why the government had not informed him of their plans, and why the Miami police chief, who was briefed on the operation, was instructed by the government not to inform Carolla.
Carolla said he was first made aware of the raid at 5:18 a.m., through a hysterical cell-phone call made to him by someone inside the house.
Susan Walsh/APReno said the government believed agents might face armed resistance in ending the standoff Attorney General Janet Reno defended the decision to take Elian by force, noting the tips they received that there might be guns "perhaps in the crowd, perhaps in the house" and agents had to be prepared.
President Clinton, who was informed of the raid by Podesta around 5:45 a.m., said Saturday the Department of Justice "went to great lengths to negotiate a voluntary transfer" of the boy to his father. He said Reno and her staff worked to act with "restraint, patience and compassion."
"When all efforts failed, there was no alternative," Clinton said. "The law has been upheld and that was the right thing to do."
Elian was unhurt, and was accompanied on the flight by the female immigration agent who carried Elian from the house, a psychiatrist, a flight surgeon and the immigration agent who commanded the operation.
They explained carefully what was happening to him, the official said. Elian was described as subdued and calm on the plane.
Gregory Craig, the lawyer for the boy's father, expressed relief that the standoff was finally over and said the use of force was necessary to get Elian away from his Miami relatives.
Reno "walked the extra mile and then walked yet another mile," he said in Washington.
M. Spencer Green/APSupporters of Elian Gonzalez's Miami relatives stand in front of the Gonzalez home with a photograph of Elian being removed by federal agents earlier in the day "We agreed to virtually all the demands contained in the attorney general's proposal, but we would not compromise on the most critical issue of custody," Craig said.
In a tearful reunion Saturday aboard the plane that brought Elian from Miami, the 6-year-old boy tightly hugged his father.
"It was very, very moving," INS Commissioner Doris Meissner said of the first time father and son saw each other aboard the plane that had taken Elian from Florida to the base.
"(Elian) looked very happy and Juan Miguel was crying," a Justice Department official said when asked to describe the scene.
After the father and son were reunited, Juan Miguel carried his son out of the room with the boy draped in his arms, his head on his father's shoulder.
Elian's eyes just "lit up" when he saw his baby brother, Hianny, one of the father's attorneys reportedly told a family adviser. "He's gotten so big since I saw him," Elian reportedly said.
Elian spent his first night in almost five months with his father Saturday night, in seclusion on Andrews Air Force Base in Washington.
Elian's Miami relatives, great-uncle Lazaro Gonzalez and cousin Marisleysis Gonzalez, followed Elian to Washington Saturday afternoon, but were turned away from the base when they attempted to visit him. The relatives were again turned away Sunday.
- The Associated Press and Reuters contributed to this report
from the Associated Press, 2000-Apr-22, by Amanda Riddle:
Photographer Captures Photo Of Agents Taking Elian
The scene in Lazaro Gonzalez's bedroom could hardly have been more dramatic: a federal agent wearing green riot gear, a helmet and goggles was carrying an automatic rifle when he confronted a man holding a frightened Elian Gonzalez in a closet.
Alan Diaz/APArmed federal agent confronts the fisherman who found Elian last November and a frightened Elian Gonzalez
The chilling moment was captured in a series of photos Saturday by an Associated Press photographer and transmitted to newspapers and broadcasters around the world. The attorney general was asked about the image at a news conference where she defended the approach to taking custody of the 6-year-old Cuban child.
AP free-lance photographer Alan Diaz said Elian was crying and yelled to him, "Que esta pasando?" - What's happening? - moments before a federal agent burst into the bedroom room where he was being held.
The photos were among several shot by Diaz and distributed by the AP throughout the night and into the morning. They included one showing Elian's second cousin, Marisleysis, breaking down after the boy was removed, and one of his great-uncle Lazaro being comforted by family and friends.
When the pre-dawn raid began, Diaz was with another photographer and an NBC cameraman on the lawn next door to the house of Elian's great-uncle.
With the arrival of federal agents, "All of a sudden hell broke loose," said Diaz. "All I recall is the NBC guy saying, 'They're here, they're here."
Diaz and the cameraman jumped over the chain-link fence in front of the Gonzalez home and walked into the house. An associate of the relatives directed Diaz to the room Elian had been sharing with Marisleysis.
/Wilfredo LeeAPAP photographer Alan Diaz "A family friend grabbed me and he said, 'Go to the room, go to the room,'" Diaz said. But Elian wasn't there. The photographer then knocked on the door of Lazaro's bedroom, and his wife, Angela, opened it. Elian was in a closet, held by Donato Dalrymple, one of the two fishermen who had rescued him at sea on Thanksgiving Day.
Dalrymple said that amid the noise and commotion from the agents breaking into the home, he had run to the boy and taken him into his arms, retreating to Lazaro Gonzalez's bedroom.
Diaz recalled that when he arrived in the bedroom, Elian "was crying and he was asking me, 'What's happening?' and all I said was, 'Nothing's wrong.' I mean, what was I going to say?"
Seconds later, federal agents entered the room and seized the boy. Elian continued to cry and ask, "What's happening?"
"They went to the closet and I shot (the photograph of) them grabbing the baby," Diaz said.
At a news conference in Washington, Attorney General Janet Reno was asked whether the photograph had raised the question of excessive force.
"One of the beauties of television is that it shows exactly what the facts are," Reno said. "And as I understand it, if you look at it carefully, it shows that the gun was pointed to the side, and that the finger was not on the trigger."
from TPDL 2000-May-1, from the Orlando Sentinel 2000-Apr-30, by Charley Reese:
Raid's real message -- estrangement of government from people
I had thought there was nothing Bill Clinton could do that would make me think less of him than I already do. That was a mistake on my part.
The comic-book raid on Elian Gonzalez's Miami family is a new low, even for the federal government. Pointing machine guns and screaming obscenities seems to be standard operating procedure for federal law-enforcement officers -- even when the only people to scream at and point guns at are unarmed Christian [not a meritorious attribute -AMPP Ed.] men and women and small children.
The truth is that two unarmed female officers could have gone to that home during any normal hour and removed Elian Gonzalez without any danger to the child, to themselves or to bystanders. That Miami family has never once said it would resist. It has always tried to follow the law, which, I should point out, is not the same as Attorney General Janet Reno's whim. Instead, the feds chose to act as if they were raiding the hideout of Colombian drug dealers.
The U.S. action was disgraceful. You don't transfer children at gunpoint. And I, for one American, am getting tired of federal cops screaming profanity, pointing guns and shoving around people who have not been convicted of any crime. That is not how a free society operates. It's how dictatorships and authoritarian governments act.
The real message of this raid is how estranged the federal government is from the American people. The government apparently fears the people, and people who are feared are soon hated. The federal government has increasingly acted as if it has merely to speak and all of us must lock heels and shout "Sig Heil." Horse manure.
Sovereignty in this country resides with the people. The government is our servant, not our master. The American people had better pull their heads out of that place where they can't see and re-assert their sovereignty before it's too late. There aren't any trends in Washington moving toward respect for the law and liberty. The trends are moving toward arbitrary and authoritarian government.
Reno's poor decision-making notwithstanding, the issue of custody is not as clear-cut as she makes out. One of the points to be settled by the appeals court is can someone else speak for a child when the child's interest and that of the parent is in conflict?
The heel-clickers are now pointing to pictures of Elian with his father as if that proves their point. It doesn't. Nobody in Miami has tried to estrange Elian from his father. The concern all along has been to keep Elian from being forcibly returned to Cuba without having his day in court, which Reno tried to deny him.
It's the boy's father who has refused to go to Miami, refused to meet with the boy and the family in any neutral site. Whether that's his decision, or his instructions from the Cuban or American or both governments, I don't know. But I do know that nobody in Miami ever suggested that Elian wouldn't be happy to see his father. They had talked several times on the telephone while Elian was in Miami.
Once more the Clinton administration has shown its contempt for the law and contempt for the American people -- especially conservative Americans. It has from day one taken exactly the same position as the communist dictator Fidel Castro. Those who think that Castro really cares about Elian should ask the old graybeard why he ordered his goons to drown more than a dozen children and their parents when they tried to escape Cuba in 1994.
This administration has slapped in the face and insulted one of the finest groups of Americans within the United States, the Cuban exile community. I expect that a lot of Florida Democrats will regret that in November.
from NewsMax, 1999-Sep-22, by Richard Poe:
The Waco Before Waco
With the exception of Geraldo Rivera, most Americans seem to have grasped, by now, that responsibility for the Waco massacre goes all the way to the top. Even so, we cannot pin the blame solely on Bill and Hillary. The militarization of U.S. policing has proceeded unchecked through Republican and Democratic administrations alike. Indeed, one of the earliest Waco-like incidents occurred on May 13, 1985, long before Bill Clinton was even a blip on the political radar screen.
That day, police emptied 10,000 rounds of ammunition into a house in West Philadelphia, in a ninety-minute period. They fired Uzis, shotguns, M-16s, ..50-caliber machineguns, Browning semiautomatic rifles and M-60 machineguns. A 20mm antitank gun was also on hand, though police claim they never fired it.
Later that day, a canvas satchel containing four and a half pounds of C-4 plastic explosive was dropped on the house by helicopter. The ensuing fire consumed not only that house, but sixty others, leaving the neighborhood a smoking ruin.
At whom was all this firepower aimed? The targets were four men, three women and six children - members of an anti-government, urban survivalist cult called MOVE. Police say the cultists shot first, after lawmen tried to arrest four of them.
But Police Commissioner Gregore Sambor inadvertently cast doubt on this claim when he testified that the first shots came from automatic weapons. MOVE had no such weapons - only two shotguns, two pistols and one .22-caliber rifle..
In any case, all MOVE members in the house were killed that day, except for one woman and one 13-year-old boy.
Back in 1986, I attended the trial of Ramona Africa - the lone adult survivor of the MOVE house - and wrote a cover story about the massacre for the East Village Eye. In that article, I suggested that the scorched-earth tactics used against MOVE were a trial balloon, designed to test public reaction to a new style of ultra-violent policing.
My theory rested partly on the fact that federal agencies had encouraged and facilitated the MOVE massacre behind the scenes. The FBI, for instance, provided C-4, a military explosive forbidden to civilian police. The Bureau of Alcohol, Tobacco and Firearms provided permission and tax waivers for other military weapons.
Most curious, however, were the "reforms enacted in the massacre's wake.. Arguing that the slaughter had resulted from random bungling by overzealous cops, Mayor W. Wilson Goode announced a sweeping reorganization supposedly aimed at increasing the professionalism of Philadelphia police.
Goode's proposals ranged from the creation of an elite counter-terrorist strike force, to the establishment of unprecedented liaisons with federal law enforcement agencies, to training for police at military facilities, and even to anti-terrorist schools and "crisis management training for city officials by the Federal Emergency Management Agency (FEMA).
In short, Goode called for more of the very same medicine that had caused the problem in the first place: outside meddling from federal goons.
Years later, in 1993, federal "crisis management once again made headlines, this time in Waco, Texas. Parallels between the MOVE and Waco massacres read like guidelines drawn from the same tactical handbook.
In both cases, last-minute offers to negotiate were ignored by lawmen. In both cases, fires were deliberately allowed to burn out of control. Both at Waco and at the MOVE house, people trying to escape the flames were forced back inside by gunfire.
Even more startling, lawmen in both cases claimed that the cultists had set fire to themselves. In the midst of a civil suit brought by MOVE survivors and relatives, Lt. Frank Powell suddenly anounced that the fire had been deliberately set by MOVE members, not by the bomb he dropped.
"They chose their own end," Powell told reporters on May 1, 1996. MOVE members had doused the roof with flammable liquid, then torched it, Powell said.
His claim - which contradicted the findings of the city Fire Marshal and the mayor's MOVE Commission - evidently did not impress the jury, which awarded Ramona Africa and relatives of two other MOVE victims $1.5 million in damages.
If the MOVE bombing really was a trial balloon, it was evidently a successful one. The media accepted the story of bungling, overzealous cops. Public outrage was confined to ineffectual liberal handwringing, much of it centered around the irrelevant fact that the MOVE victims were black.
Is Waco another trial balloon? Have the feds upped the ante this time, with a blatant use of Delta Force commandos, a higher body count, and a "whiter list of victims (about half the Waco dead were Anglo, the other half mostly black, with some Mexicans and Asians)?
Very likely. If we fail to challenge this latest atrocity, even ghastlier Wacos may lie ahead.
Richard Poe is a freelance journalist and a New York Times-bestselling author. His latest book is Wave 4 (Prima, 1999). Poe's Website can be found at RichardPoe.coM
from TPD 1999-Oct-4, from Etherzone, by Edward Zehr:
GOVERNMENT TERRORISM
From Ruby Ridge To Waco And BeyondLast week the Wall Street Journal published an article by Dorothy Rabinowitz which summarizes the Wenatchee witch hunts, a series of lunatic persecutions that occurred in the state of Washington around the middle of the decade. Compared to what happened at Wenatchee, the Salem witch trials seem almost a model of evenhanded jurisprudence. Of the 19 people convicted of "child molestation" in this outbreak of mass psychosis, eight have already had their convictions reversed on appeal. Referring to the testimony of the state's star witnesses in one of the cases, Whitman County Superior Court Judge Wallis Friel, who had been appointed in 1998 by a state appeals court to look into the conduct of the investigation, remarked that "no rational trier of fact would believe these allegations."
That is putting it mildly. Compared to the bizarre fantasies hatched in the sick, twisted minds of social workers employed by the state's Child "Protective" Service, all those tales of witch's Sabbaths, broomstick-riding, etc. seem relatively mundane. The methods used by the prosecution at Wenatchee are remarkably similar to those used in the Salem trials, however. An arrogant, hysterical clique of mentally-ill adults bullied a bunch of defenseless children into giving false testimony against victims who seem to have been selected for their inability to defend themselves effectively. One of the defendants at Wenatchee could barely speak English.
But, of course, this was a local matter. What has it to do with Ruby Ridge or Waco? Well, for one thing, it is a product of the same sick society in which all of us must live, and to which any of us could fall victim. And, for another thing, it was made possible by a "justice" system that has been shaped by law enforcement, prosecutors and the courts for their own convenience, a system in which perjured testimony is routinely coerced by the state with threats of Draconian sentences. That is what set the stage for the tragedy at Ruby Ridge.
But hanging over it all is the poisonous smoke of Political Correctness. Earlier, "child abuse" had been one of the preferred evils of the PC crowd that dominates the academic scene in this country. The absolute fanaticism and hate-twisted irrationality with which the products of this indoctrination system set out to exorcise their demons once they had been turned loose on society and wormed their way into petty positions of power is a measure of the sickness that pervades our institutions of higher "learning." This is one of the factors that produced the Waco holocaust.
RUBY RIDGE REVISITED
Following the Republican sweep in the congressional election of 1994, conservative activist Jerry Pournelle asked Newt Gingrich, with whom he had "worked closely for more than a decade," about the Waco massacre, which he said would "haunt America until the truth, however ugly, came out." Newt brushed him off, indicating that he had more important things on his mind. Well, now Newt is gone, but Waco remains, burning deeper into the conscience of the nation (such as it is) than ever before.
The longer Waco remains an issue, the more the disturbing facts that are bound to come to light. One of the more appalling details that emerged from the shadows recently is a relationship between Waco and the slaughter that took place at Ruby Ridge, where a mother was shot to death by an FBI sniper in her own home while holding a baby in her arms. The incident was shrugged off by the agency as a minor, somewhat unfortunate "accident." But now we are told that the FBI commander at Waco, Richard Rogers, was also in command at Ruby Ridge. And the FBI's paid assassin, Lon Horiuchi, was there as well. It would seem that the FBI took Ruby Ridge very lightly indeed. Nobody of any consequence was hurt -- some "white trash" were eliminated, that's all. The militarized federal agents were merely "doing their job," policing up the area. On to Waco.
At the time of the Waco holocaust few were aware of what had happened at Ruby Ridge. Pournelle comments:
"This puts things in a far more sinister perspective. Not only do we have the man who changed the rules of engagement from return fire to shoot on sight, but we have with him, in a position of authority, armed with armed subordinates, West Point graduate Horiuchi, the man willing to carry out the shoot on sight order."
The point he is making here is that the rules of engagement had formerly prohibited FBI agents from firing at suspects unless their lives were in danger. The rules were relaxed at Ruby Ridge to permit the shooting of these "white separatists" in cold blood, even though the Supreme Court had previously ruled this to be unconstitutional. No doubt the PC power elite approved of the revised rules, if only off the record. After all, had they not been telling us what devils these "extremists" are? They are "racists." They belong to "hate groups." Na ja, recht untermenschen, was? Small wonder Mr. Horiuchi and the federal marshals leaped at the opportunity to mow them down. Some time ago a "conservative" columnist -- I forget which one - wept copious crocodile tears over the cruel opprobrium to which Mr. Horiuchi, the West Point grad turned hit man, had been subjected once word got around that he had blown Mrs. Weaver's brains out, suggesting that he is a person of exquisite sensitivity. You can sort of twig that he was all torn up about it from the way he jumped at the chance to augment his body count at Waco.
The state of Idaho brought involuntary manslaughter charges against Horiuchi for killing Vicki Weaver, only to have them dismissed by a federal court. (He was only following orders). Given what had happened at Ruby Ridge, Pournell asks why Rogers and Horiuchi were at Waco. After all, he points out, "they were already responsible for one of the most shocking incidents since Reconstruction." Pournelle avers that he does not really believe that agents of the U.S. government would massacre women and children en masse at Waco, and yet, says he, if such a thing happened these are the very people you would expect to be in charge.
The Ruby Ridge tragedy unfolded in August of 1992 as the result of an attempt by the BATF to coerce Randy Weaver into becoming an informant. Weaver was entrapped by a BATF undercover agent who offered to buy a shotgun from him provided that he would saw off the barrel to slightly less than legal length. Being desperately poor, with a wife and family to support, and badly needing the money the sale of the weapon would bring him, Weaver complied with the request. He was promptly charged with a firearms violation, obviously intended to entrap Weaver and force him to comply with the demand that he become an informant for the agency. Weaver refused to do so. "For that, he was treated like Saddam Hussein," Sen. Charles Grassley, (R- Iowa) observed at Senate hearings on the incident.
When Weaver failed to appear in court to answer the firearms charge a team of trained marksmen was sent to arrest him on the small, isolated plot of land in Northern Idaho where he lived with his family in a small cabin. But, according to a December 1995 report in Midwest Today, a deputy court clerk testified that he had informed Idaho Judge Harold Ryan that the date on Weaver's summons was erroneous. However, the judge simply ignored him and signed a bench warrant for Weaver's arrest, despite the fact that the summons ordered Weaver to appear six days later. Clearly the fix was in.
According to Weaver's attorney, Gerry Spence, writing in his book, "From Freedom To Slavery, The Rebirth Of Tyranny In America," the agents arrived at Weaver's property heavily armed, wearing camouflage suits. "They gave Randy no warning of their coming. They came without a warrant. They never identified themselves."
The intruders were first noticed by the family dogs. Alerted by their barking, Randy Weaver, accompanied by family friend Kevin Harris, and his 14-year-old son, Sammy, went to investigate. They all carried guns, as is common in that part of the country. The countryside is still untamed and it is not unusual to run across wild animals, such as bears. One of the government agents, U.S. Marshal Arthur Roderick, promptly shot the family's dog, Striker, who gave out a yelp, attracting Sammy to the scene just in time to see the dog, which had been shot in the spine, dragging itself around with its front legs, shrieking in pain before falling over dead. Presumably shocked by what he had just seen, the boy fired off a wild shot, whereupon one of the agents shot him in the arm, nearly blowing it off. Sammy turned and started to flee, screaming with pain, but one of the still unidentified agents shot him in the back with a submachine gun, killing him.
When Kevin Harris, who had seen the dog being shot, next witnessed Weaver's son being shot in the back as he turned and ran, he fired off a shot in the direction of the still unidentified intruders, killing one of them, marshal William Degan, who was concealed in the woods with marshals Roderick and Larry Cooper. The evidence clearly indicated that all three agents had fired at the Weavers and Harris. Harris later said he had assumed that if he attempted to flee, he too would be shot in the back. The federal agents ran for cover, giving Harris a chance to slip away to the Weaver cabin.
The intruders, who were all federal marshals, appear to have fled the scene in panic after Degan had been shot. In their frantic calls for assistance they reported being pinned down and fired at from several positions by "heavy weaponry," according to Midwest Today. Roderick told marshal Dave Hunt, who did not witness the incident, that although the agents had been ambushed they had not returned fire. All of these statements were shown to be false during the course of the subsequent investigation. The marshals were apparently attempting to disguise their actions with a concocted story.
State and federal law enforcement authorities quickly assembled a force of more than 400, equipped with armored personnel carriers, helicopters and sophisticated weaponry better suited to fighting a full-scale war than subduing a "family, including two children and an infant, huddled in a plywood shack," the newspaper observed.
Later that day, Kevin, Randy and his wife Vicki retrieved the boy's body and carried it to a shed near the cabin. When Kevin, Randy and his 16-year-old daughter, Sarah, went to the shed the following evening for a last look at the body, the federal agents opened fire on them, wounding Weaver in the shoulder. The three made a dash for the cabin, where Vicki stood with the baby cradled in her arm, holding the door open. As the three reached the house, Lon Horiuchi, firing from a hidden position, shot Vicki in the head, killing her instantly. When Weaver rushed over to take the baby from his wife's arms he lifted her head and saw that half her face had been blown away.
Vicki's body was covered with a blanket and remained on the floor of the cabin for the remaining 8 days of the siege. Kevin was also hit -- his arm was severely damaged and his lung sustained multiple puncture wounds. Weaver was finally persuaded to surrender by Bo Gritz, his former commander when both had been in the Army's Special Forces. Explaining in a letter to a friend what motivated him to represent Weaver, Spence wrote:
"It is pain that comes from the realization that we have permitted a government to act in our name and in our behalf in a criminal fashion. It is the pain of watching the government as it now attempts to lie about its criminal complicity in this affair and to cover its crimes by charging Randy with crimes he did not commit, including murder. It is the pain of seeing an innocent woman with a child in her arms murdered and innocent children subjected to these atrocities."
Weaver and Harris were both charged with first-degree murder -- and acquitted. Weaver was to serve 16 months for failing to show up in court, even though he had been given the wrong date on which to appear. The government eventually had to pay several million dollars to Weaver and his family in settlement of legal claims resulting from the siege.
Larry Potts, the FBI's high muck-a-muck in charge of the fiasco in Washington was later promoted to the rank of deputy director by FBI head Louis Freeh, a move that required the approval of Attorney General Janet Reno and President Bill Clinton. Freeh was subsequently forced to remove Potts in the face of public outrage after it was revealed that government officials had lied and covered up the role they had played during the siege and had subsequently destroyed official documents relating to it. Other high-ranking FBI officials were suspended or demoted.
Spence said of Weaver, after it was over, "He is just a little old guy who wanted to go up the mountain and be left alone."
WAITING IN WACO
Meanwhile, the wrongful death lawsuit filed against the government and Lon Horiuchi on behalf of survivors of the Waco holocaust has been postponed for an unspecified period, probably until after the first of the year. Details for the premiere of the impatiently awaited film by Mike McNulty, "Waco: A New Revelation" have not yet been announced, although it is believed that it will open in Washington. It is said that the film makers plan to invite to the first showing Attorney General Janet Reno and former Sen. John Danforth, recently appointed by Reno to run an "independent" investigation of the Waco holocaust.
Should these two worthies choose to attend the premiere of McNulty's film they will no doubt get an eyeful. Among the new revelations contained in the footage obtained under the Freedom of Information Act is infrared film from a surveillance aircraft showing figures crouching behind Bradley fighting vehicles, out of sight of the press. A series of bright flashes is seen, which analyst Edward Allard, formerly an Army expert on Forward-Looking Infrared (FLIR), identifies as gunfire, some of which is aimed at the door of a concrete storage room where women and children had taken refuge. (This room is often referred to as a "bunker" by mainstream media propagandists who support the government's contention that the flimsy fire-trap at Mount Carmel was a formidable fortress). The figures are believed to be members of Delta Force, firing at the Davidians from concealed positions behind the armored vehicles. The FBI dispute that the flashes of light were caused by gunfire, but then they have also maintained that government personnel had remained inside the vehicles during this part of the operation.
The FBI's contention that the flashes of light were caused by sunlight reflecting off debris such as broken glass on the ground are disputed in the film by Allard and Maurice Cox, a retired mathematician-imagery analyst with a background in intelligence analysis. According to Karen Brooks, writing in the Fort Worth Star-Telegram, Cox demonstrates in the film, using geometry, "That the FLIR plane would have had to circle the compound at a speed of Mach 1.8 to capture reflections in the manner in which the flashes appear on the tape."
Brooks also writes that the film alleges the FBI "used at least six Defense Technologies flash-bang devices -- which spew flames, smoke and heat -- inside the compound in the seconds before the fire broke out." Thus far, the FBI has admitted to firing two pyrotechnic tear gas grenades at a concrete "bunker" which agency spokesmen insist bounced harmlessly off the top of it. However, records found by McNulty in the Rangers' evidence locker indicate that at least three of the expended flash-bangs "were found at or near the places that officials said the fires started."
But the film makers say that they are withholding some of the best details until the film has been seen by the public. "We don't want to give any of them a chance to form their public positions before everyone sees it at the same time," said Aric Johnson, who is also the film's technical director. Janet Reno would seem to have formed an opinion already -- she denounced the conclusions drawn by the film makers a short time before appointing former Sen. Danforth to run the "independent" investigation.
Gregg Easterbrook, writing in the Sept. 10 New Republic, reveals that The General Accounting Office has reported that "the FBI obtained from the Army 250 high-explosive 40 mm rounds of the type fired from infantry grenade launchers." Noting that firing even one of these munitions could have killed innocent bystanders, such as Davidian children within the compound, Easterbrook wonders "what valid law enforcement purpose the FBI, supposedly managing a hostage situation (the children), could have had in mind for 250 high-explosive projectiles designed to cause general destruction."
The only purpose that comes readily to mind is mentioned by the New Republic writer: "to deal the Davidians some revenge for the four agents' deaths." Could that possibly be the reason why the federal government assembled an army of 400 or more at Ruby Ridge for a life-or-death struggle with a small family whom they had terrorized into resistance by the outrageously illegal, unconstitutional, murderous violence they inflicted upon them? Is that why the FBI commander at the scene, Richard Rogers, authorized his agents, including paid assassin Lon Horiuchi, to "shoot on sight," in clear violation of a ruling by the Supreme Court?
One other possible motive comes to mind upon reflection -- the destruction of incriminating evidence. John Culbertson, writing for "Frontline", finds the video of the helicopters, taken during the initial BATF assault on the compound, troubling as well. Although the press were told that the BATF agents in the helicopters were there as "air controllers" and "observers", Culbertson notes that they were armed with AR-15's, in addition to the sidearms they usually wore. It seems that government officials later attempted to deny that long guns were taken on the helicopters even though they are clearly visible in the BATF video. Culbertson also notes that in the segment taken while the helicopters were overflying the compound "there is a suspicious pop, pop, pop in the sound track that sound suspiciously like gun fire."
One of the points hotly disputed by the feds is the allegation that they fired on the Davidian compound from helicopters during the initial assault by the BATF. David Koresh can be heard remonstrating with a negotiator on one of the audio tapes that they had been fired on from the air. Lawyers who were later allowed to briefly visit the Davidian compound told of seeing bullet holes in the roof. What better way to efface such evidence than to burn the place down and bulldoze the wreckage ("losing" one of the front doors in the process)? Why is this point so important? After all, there is no question that the BATF agents directed heavy fire into the Davidian compound. One agent was observed crouched behind a vehicle, firing blindly into the building (that was full of women and children) -- a technique known in the trade as "pray and spray." The basic issue involved here is who started the shooting. As Culbertson notes, there was no shooting by either side as the BATF agents initially approached the building. It was only after three Texas Air National Guard helicopters appeared over the scene that the shooting started.
High-ranking officials of the BATF have testified before Congress that their agents were "ambushed" by Davidians who fired through the two front doors of the Davidian compound as the agents approached. Thus when BATF agents "returned fire" they were only defending themselves. They told Congressman Charles Schumer that the fusillade had been so intense that the doors had actually "bowed outward". In fact, the BATF officers maintained, they had videotapes that showed the first shots being fired through the doors from inside the building.
Since TV news footage had shown both doors being moved by a bulldozer, it should have been a straightforward matter to demonstrate the truth of the agency's claims. But nothing in the government's case ever seems to be straightforward. The BATF told Congressman Schumer's committee that the videotapes were "missing" (surprise, surprise) and that one of the front doors could not be found either. What's more, the single door that was recovered showed conclusively that bullets had penetrated it only from the outside. There was no evidence that the Davidians had returned fire through the door.
Ah, well it must have been the OTHER door that was bowed outward then, you know -- the one that's "missing." See, this was a highly segregated gun battle; the Davidians fired only through one door and the BATF "returned fire" only through the other one. The things one is required to believe these days in order not to be dissed as a "conspiracy theorist" boggle the mind.
Not to worry. With an ostentatious show of disdain, Chuckie Schumer dismissed the "missing" door as "irrelevant." Let's see now, the one door that was recovered indicates that the BATF agents fired into the building and the other door, the one that is said to be "bowed outward" due to the intense barrage of gunfire let loose by the Davidians, is "missing." Conclusion: the Davidians fired first, and the evidence of this is "irrelevant." Right, got it. Next case.
Michael Levine, who hosts the "Expert Witness" radio show commented in an OpEd piece in which he recounted the above details concerning the doors:
"I have spent 35 years in Federal and State courts testifying as an expert witness in many matters relating to Law Enforcement including The Rules of Engagement and will offer my testimony here: the questions of the missing door and videotape, the identification of individuals responsible for their disappearance and Congressman Schumer's logic and motivation in calling this key evidence "irrelevant" must be answered fully for there ever to be a true healing of the festering wound on America's soul called Waco."
As Levine points out, if the government agents fired first they violated the Rules of Engagement, and every subsequent act of theirs involving deadly force "was clearly both a Federal and Texas State felony." And that, gentle reader, is why the Danforth investigation must be yet another coverup. The government simply will not countenance having its law enforcement officers portrayed as lawless marauders, no matter how accurate such a portrayal may be. As the French general said in "explaining" why Capt. Dreyfus was "guilty" (in the movie version, anyway), "If Dreyfus is innocent, the Army is guilty. If the Army is guilty, France is defenseless." Court adjourned.
The FBI had described the siege as a "hostage situation." Theyseem to have resigned themselves to settling down for the long haul. Shining searchlights into the windows of the compound, playing tapes of animals being slaughtered, shutting off the power so that the Davidians were forced to use kerosine lamps for light in their tinder-dry fire-trap, and similar neat touches that raise serious questions as to which side of the fence the "loonies" were supposed to be on. Then, 51 days after the siege had begun, it ended abruptly in the final assault and holocaust that killed more than 80 people. Why?
Janet Reno said afterwards that she had received reports that "child abuse" was going on within the compound. Whenever the cry of "child abuse" is raised you can be certain that the PC witch- burners are about to make an appearance. Sure enough, they were right on cue this time. I wonder if Reno has seen photos of those children taken after the fire? I have. She accuses the Davidians of child abuse? It's difficult to imagine any abuse worse than being burned alive. The Justice Department later admitted that there were no reports of child abuse. No explanation of the contradiction has ever been forthcoming. It's just as well. Who could believe anything those people say at this point? Have they ever gotten ANYTHING right? Oh yes, Reno had another explanation as well: the agents were getting tired.
So they just moved in with their tanks one morning and started pumping the place full of CS gas. Gregg Easterbrook wrote: "Tear gas doesn't just produce tears; it causes choking and convulsions. It is far more dangerous to children, whose lungs are sensitive, than to adults; the children, it causes agony. And there was the FBI's armored vehicle, pumping tear gas for six hours into a compound full of children."
No doubt the federal agents who did this are all decent people who have families and maybe even go to church on Sunday. Is that so surprising? As much could just as likely be said of the security staff at Auschwitz. Throughout history "decent" people have done some truly awful things.
OKLAHOMA CITY TO THE END OF THE LINE
After watching films of preparations for the BATF raid on MountCarmel and footage from the helicopter used by the agency in that failed operation, wrote Culbertson, the former sheriff shouted in anger and disbelief, "If it wasn't for Waco, there wouldn't have been an Oklahoma City."
Law enforcement officers are sworn to uphold the law, protect the innocent and keep the peace, but here they were about to break the peace, playing soldier against a make-believe enemy in pursuit of "appropriations and glory." And the worst of it is, their "enemy" included a great many elderly and children, the very people they are supposed to protect. "The BATF," Culbertson observed, "had lost sight of the true law enforcement mission and had lost it's moral compass."
And so, Terry Nichols and Tim McVeigh, outraged at the excesses of the federal government and nursing their "conspiracy theories" set out to avenge the victims of Waco. "At one time conspiracy theorists may have been viewed as eccentrics far out on the fringe," warned Mark Potok of the Southern Poverty Law Center, "but then Timothy McVeigh drove a truck full of explosives to Oklahoma City and we all discovered just how dangerous it can be when people stop trusting the government."
There you have it in a nutshell -- it's "dangerous" not to trust the government. First thing you know some nut goes out and buys a truckload of fertilizer and then, Ka-BLOOEY!
Could it really be that simple? Not really. As Christine Gorman noted in an article that appeared in Time magazine on May 1, 1995, a home-made ANFO bomb presents certain difficulties for the beginner. She quotes Jeffrey Dean, executive director of the International Society of Explosives Engineers in Cleveland, as saying that "ANFO is easy to make if you know how to do it, but it takes years of experience to work with it safely." It isn't just that a couple of tyros such as Nichols and McVeigh would have been more likely to blow themselves up than produce a workable 4800 pound ANFO bomb, though. The article notes that, "it is almost impossible for amateurs to mix thoroughly the ammonium nitrate with the fuel oil. (Commercial manufacturers use industrial-size blenders for the job.)"
Ammonium nitrate is mixed with fuel oil to make an ANFO bomb. (The FO in ANFO is the fuel oil). If the AN and the FO are not properly mixed the resulting batter will be lumpy with the consequence that clumps of ammonium nitrate will fail to detonate, being scattered instead about the site of the explosion. A case that occurred in California in 1990 is cited as an example of amateur bomb-making. It involved a "disgruntled engineer" who detonated a ton of his very best home made ANFO in a truck parked in front of the local IRS branch office. The article notes that "only a fraction of the compounds in the vehicle exploded, and no one was killed."
McVeigh and Nichols were even less successful when they tested a small ammonium nitrate bomb they had built in 1994. When they tried to set off the bomb in the desert near Kingman, Arizona, only the detonator went off strewing ammonium nitrate all over the place, according to Michael Fortier's testimony at the McVeigh trial. Nevertheless, the prosecution said, six months later they were able to build a two-ton bomb of the same type in less than a day.
It is significant in this context that only microscopic traces of ammonium nitrate were found at the site of the Oklahoma City bombing, indicating that the manufacture of the bomb had been done in a very professional manner. While Ms. Gorman mentions in her article that fertilizer would have to be treated in order to make it into an explosive, she tells her readers that "such information is available in books published by fringe presses and on the Internet." Just so, but one should not infer from her statement that it is easy to do. As she stated in her very first paragraph, "The act of terror that demolished the Murrah building and destroyed scores of human lives required a basic understanding of chemistry, skill at bombmaking and some technical know-how to jury-rig a few key component that are not easy to get."
The Department of the Army and Air Force Technical Manual No. 9-1910, titled "Military Explosives," tells us that ANFO requires a greater than 99% purity of ammonium nitrate, as well as a specific dryness, before it can be mixed with diesel fuel to create an explosive substance. According to the FBI, the OKC bomb was made from 50 bags of fertilizer. At 100 pounds per bag that would work out about right -- except for one detail, fertilizer has nowhere near the 99% purity of ammonium nitrate required for explosives. And although the literature to which Ms. Gorman referred does indeed give the information required to produce an explosive from fertilizer, without the proper equipment -- to which neither Nichols nor McVeigh had access -- the conversion would be a long and arduous process. But Nichols and McVeigh had only hours in which to complete the procedure which most experts agree would take days. Furthermore, detonating 25 containers of ANFO simultaneously, as McVeigh is alleged to have done, would require an expert's knowledge of explosives. Neither Nichols nor McVeigh had the expertise required to make such a bomb work.
But if neither Nichols nor McVeigh built the bomb, who did? Two witnesses, James Sargeant and Georgia Rucker, told of seeing a Ryder truck parked near the lake at Geary State Park, Kansas for three days from April 10, 1995, through April 12, just a week before the bombing of the Murrah Building. They also reported seeing several unidentified men climbing in and out of the cargo area of the truck. Is it possible that the bomb was constructed at the lake in Kansas? The prosecution had maintained all along that the bomb which destroyed the Murrah Building was built in this location. The reason the prosecution did not call these witnesses was given by Ryan Ross, a free lance reporter: "McVeigh was checked into a motel in Kingman, Arizona at the time. Prosecutors won't want to raise the possibility that someone other than McVeigh built the bomb." The prosecution did not call any witnesses who could have placed McVeigh at the location where they maintain the bomb was built. Had they done so these witnesses would have told of seeing a Ryder truck at that location almost a week before McVeigh is supposed to have rented it.
And why did the prosecution not call any of the almost two dozen witnesses who could place McVeigh at the scene of the crime on the morning of April 19, 1995? An FBI spokesman told one of the network talking heads that these witnesses had proven "undependable." Two dozen witnesses place a defendant at the crime scene and the prosecution finds all of them "undependable"? Are we really supposed to believe that? Or is the more likely reason that they all saw McVeigh at the scene of the bombing accompanied by somebody else -- a man who resembles the elusive suspect identified only as John Doe #2? Some witnesses told of seeing him with McVeigh in a store, at a bar, and at the truck rental shop prior to the bombing. Others said that they saw him fleeing from the scene of the crime.
In an effort to find John Doe #2, the FBI conducted the largest manhunt in the agency's history. But in August of 1995, the FBI suddenly decided that John Doe #2 did not really exist. It had been a case of "mistaken identity" -- or something. This suspect was said by the defense to tie the conspiracy to an extremist group located at Elohim City in Oklahoma and thereby to a failed government sting operation.
Another witness who was not permitted to testify at the McVeigh trial is former BATF informant Carol Howe. Judge Richard Matsch who presided at the trial ruled that her testimony "could confuse or mislead the jury." After permitting the endless barrage of sleazy, emotional, grossly irrelevant twaddle presented by the prosecution that was obviously designed to work upon the feelings of the jurors it would certainly be a shame to confuse them with facts.
Howe's attorney, Clark Brewster, said that Howe's testimony would have shown that "others had motive and opportunity to bomb the Alfred P. Murrah Federal Building," according to Kevin Flynn of the Rocky Mountain News. Howe's testimony "would have allowed this jury to consider at least how some other people had not only the intent to bomb buildings but also the means to carry it out," he said.
Flynn described Howe as "a former debutante and daughter of wealthy Tulsa parents," who, in 1994, infiltrated a "white separatist compound" located at Elohim City in Eastern Oklahoma.
Howe's reports to her BATF handler indicated that "several people there were becoming more militant in their talk about taking action against the government," according to Flynn. Furthermore, the government's own evidence, introduced at the trial indicates that McVeigh "placed a call to Elohim City immediately after calling a Ryder truck rental agency in Arizona on April 5, 1995, two weeks before the bombing," Flynn reported.
Oklahoma State Rep. Charles Key, who took an intense interest in the case from its inception, said at the time of the trial that Howe's testimony is relevant, adding, "The government is shutting this case down fast, and it raises questions in a lot of people's minds. Let's not kid ourselves; they're covering up something very significant here." What could the government have wanted to cover up so badly? Did it have to do with the militants at Elohim City and their intent to take action against the government? Shortly before the McVeigh trial was to begin, Brewster deposed Angela (Finley) Graham -- who had "run" Howe as an undercover agent for the BATF -- regarding the intelligence project Howe had undertaken involving Andreas Strassmeir, Dennis Mahon and Elohim City. Strassmeir is a German national and the son of a prominent German political figure. A former Bundeswehr officer, he is believed to have been connected with the German anti- terrorist group, GSG-9. It appears that Strassmeir infiltrated the militants at Elohim City, where he acted as "chief of security," for a time. Dennis Mahon was a white separatist bigwig at Elohim City.
Regarding Strassmeir, Brewster asked Graham about "the kind of threats he made about wanting to blow up federal buildings, saying, "You were interested in that, weren't you?" After attempting to evade the question, Graham was forced to concede, "In general, yes." She also admitted that this had preceded the Oklahoma City bombing.
The Tulsa World reported on July 30:
"In a July 16 hearing in the Howe case, Brewster claimed that -- before the Oklahoma City bombing -- Howe had warned the ATF that residents of the far eastern Oklahoma religious compound known as Elohim City were talking of a "cataclysm" in the spring of 1995 and that federal buildings in Oklahoma City or Texas were being targeted."
Reporter J.D. Cash wrote in the McCurtain Gazette, "evidence is contained in government documents outlining plans in February, 1995, for Strassmeir's imminent arrest by agents of the Tulsa office of the ATF." But the arrest did not take place. Cash wrote, "For reasons yet to be explained, that arrest -- planned for two months before the Oklahoma City bombing -- was postponed, and in the wake of the bombing, apparently scrubbed."
Strassmeir had been living in this country illegally. But every time he seemed about to get into trouble, a government official would show up and his problem would just sort of go away. Cash wrote further: "The Gazette has also located evidence that Strassmeir was immediately fingered as a suspect in the Oklahoma City bombing, but was inexplicably allowed to live in this country for nine months following the tragedy, without being interviewed by the FBI."
The London Telegraph's Washington bureau chief, Ivo Dawnay wrote:
"What is most worrying for prosecuting attorneys is that Howe claims little knowledge of Tim McVeigh. Instead she identified from descriptions several other Elohim figures, including Mahon, Strassmeir and a bank robber, Michael Brescia, as likely bombers. But to date, although the FBI is said to have spoken to more than 20,000 individuals in America's most extensive criminal inquiry, Mahon has yet to be interviewed. Strassmeir, another suspect named by Howe, has been only cursorily interviewed in Germany by telephone."
That is the sort of thing that gives the Oklahoma City bombing case such a bad odor. Since the government and the press refuse to tell us what is going on it is inevitable that people are going to guess. Did Strassmeir act on his own? If so, why was he shown such deference by our government? Was he perhaps an agent provocateur? Was the Oklahoma City bombing a failed sting operation? This might seem far fetched, but why did so many witnesses such as Norma Smith, who worked at the Journal Record building across from the Murrah building, report that they had seen the police bomb squad milling around in the vicinity at about 7:30 on the morning the bombing took place? The bomb squad subsequently departed long before the blast occurred. When queried later about their appearance at the scene that morning they denied having been there prior to the bombing.
If the feds had set up and then bungled a sting operation that morning it wouldn't have been the first time. In the World Trade Center bombing that took place in New York, the FBI taught the terrorist group led by Omar Adbel Rahman how to make the bomb, provided them the materials required to build it (rejecting a suggestion by an undercover agent that he substitute a harmless material for the explosive), taught them how to drive the Ryder truck used to transport the bomb, and then in a spectacular display of incompetence, failed to prevent the bombing that killed 6 and injured more than a thousand. (At least one hopes it was incompetence). Incompetence (or worse) is the common thread that connects all of these incidents. Ruby Ridge resulted from a failed attempt to coerce an innocent man into becoming an informant for the BATF. Waco was a publicity stunt gone awry. Oklahoma City may have been a failed sting operation, or something much worse. In light of its subsequent use by the Clinton administration and the mainstream press to smear and demonize anyone holding views deemed politically incorrect by the power elite it resembles nothing so much as an attempted rerun of the Reichstag fire scenario. Some went so far as to suggest that Rush Limbaugh was somehow responsible for what had happened in Oklahoma.
It doesn't take a whole lot of imagination to visualize the Oklahoma City bombing being used as a political ploy by a corrupt administration to recoup the losses sustained in the congressional elections of 1994, given the behavior of federal authorities described above. The "liberal" welfare state is the benign persona which our degenerate ruling class show the public. The incidents recounted here give us a glimpse of the grim reality behind the mask. Why would anyone suppose that a government which is prepared to torture children with noxious gas for six hours would hesitate to use force against the rest of us? The mainstream media have betrayed us by helping those responsible cover up the crimes they have committed. This could very well be the end of the line for individual liberty.
from TPD 1999-Oct-2, from Reason 1999-Aug-31, by Jacob Sullum:
Persecution, American-Style
"The Japanese believe that the United States often emphasizes individual rights at the expense of society as a whole," a front-page article in The New York Times reported last week.
This was by way of explaining Japan's crackdown on Aum Shinrikyo, which carried out a nerve gas attack in the Tokyo subway four years ago, killing a dozen people and sickening thousands. Local governments have been refusing to grant followers of the sect residence permits, without which they cannot legally work or obtain driver's licenses, passports or public services. Children of Aum members have been turned away from public schools and parks. It appears that most Japanese do not object to these tactics.
The crackdown suggests a contrast with the United States, where unconventional religious groups presumably do not have to worry about this sort of persecution. But that take was undercut by another front-page article the same day, concerning the Federal Government's 1993 confrontation with the Branch Davidians near Waco, Tex.
That incident, the deadliest law enforcement operation in American history, was in the news again because the Federal Bureau of Investigation had finally admitted, after six years of denial, that it used "pyrotechnic" tear gas canisters against the Davidians on the day flames swept through their residence. The F.B.I. continues to insist that the fire -- after which 80 people, including 25 children, were found dead -- was started by the Davidians themselves.
Even if that's true, the Government created a situation where mass suicide was entirely predictable. Its actions -- including a gratuitous raid by the Bureau of Alcohol, Tobacco and Firearms; a 51-day siege during which the F.B.I. used harassment techniques to unnerve the Davidians, and a final onslaught in which tanks rammed the group's home, Mount Carmel, while loudspeakers incongruously announced, "This is not an assault" -- seemed calculated to convince an apocalyptic sect that the end was indeed nigh.
It is sobering to recall that the justification for the initial B.A.T.F. raid was the suspicion that residents of Mount Carmel had illegally converted semiautomatic weapons to machine guns. For this victimless crime by a few of their members, scores of Davidians ultimately died.
Before the raid, the Davidians had not been charged with harming or threatening anyone, in contrast to members of the Aum Shinrikyo sect. And what has happened to Aum members pales in comparison with what happened to the Davidians. Yet I suspect that many Americans who disapprove of Japan's intolerance still believe that the Davidians basically got what they deserved.
The Davidians were stigmatized as a dangerous "doomsday cult" unworthy of respect, muting the public outcry about their mistreatment. They were tarred with unsubstantiated allegations of child abuse and accused of hostile intent because they owned guns. Their beliefs were depicted as utterly bizarre and alien, and the Davidians themselves were portrayed as mindless drones under David Koresh's spell, when in fact many of them were highly educated.
During its siege, the F.B.I. kept the press away and withheld a videotape from Mount Carmel that showed not a sinister collective but individual human beings with strong religious beliefs.
The vilification and isolation encouraged the Davidians to conclude that a peaceful resolution was impossible. And thus the perception that they were inclined to violence because of their beliefs became a self-fulfilling prophecy.
from TPDL 1999-Sep-26, from the Las Vegas Review-Journal, from The Libertarian, by Vin Suprynowicz:
'To still the drums of conspiracy'
The Wall Street Journal has one of the better editorial pages in the country -- informative, thoughtful, and largely free of the poisonous Political Correctness that turns most modern American rags into mere shills for the collectivist police state.
Unfortunately, the regular gang seems to have been on vacation when someone penned and placed in the position of the Journal's lead editorial Sept. 21 as hateful and devious a screed as I can ever remember seeing ... leaving aside the Los Angeles Times.
Headlined "Revisiting Waco," the main gist of the essay was that former U.S. Sen. John Danforth had better get to the bottom of the Waco debacle "in part to defuse conspiracy theorists who already believe the government is out to get them."
"Mr. Danforth will need a thorough investigation and candid report to still the drums of conspiracy," the Journal reiterates, somewhat further along.
So the purpose of such government commissions is now straighforwardly to "defuse" hostility to the federal government? But what if the facts demonstrate that the only way to preserve our liberties is precisely to grow more hostile -- a whole lot more aggressively hostile -- to a federal government that has usurped powers never delegated it to the people?
Gerald Ford sat on the Warren Commission, and in later years was honest enough to admit that august body never met as a committee of the whole more than once or twice, seeing it as their job to merely sign off on whatever theory the professional staff could generate to pin the blame on a lone assassin, the better to "reassure" the populace and "quiet" their concerns and fears after the shocking death of John F. Kennedy.
Once such a purpose is admitted, why go through the motions of conducting an "investigation" at all -- let's cut out the middlemen and write the damned report, per instructions, right now.
But the most hideous assertion comes in this editorial's eighth paragraph. Two successive sentences state, in full: "The Branch Davidians were a particularly deranged sect, and four Bureau of Alcohol, Tobacco and Firearms agents were kiled in the initial raid that started the seven-week siege. But we will probably never conclusively learn who or what started the fire that killed dozens of Mr. Koresh's followers that day."
Taking the points in reverse order, it is indeed probably true that we can never now reconstruct the precise causes of the deadly fire of April 19, 1993. But why? The Journal is silent on why. The reason is that federal agents bulldozed the site to the ground and hauled away much of the rubble to a location whose secrecy is protected by invoking the old canard about "national security."
Since this was done by federal agents who knew full well that helicopters had fired murderously into the building in February, and that bullets and incendiary projectiles were fired into the building again on April 19, this constitutes purposeful tampering with evidence of a capital crime by those with a motive to cover up that crime -- a felony under Texas law, one would imagine.
But of course the question of "who or what started the fire" is largely irrelevent, under a well-established legal doctrine which the Journal also carefully avoids mentioning.
Let's suppose you or I go downtown and rob a bank. While we're holding the tellers and customers at gunpoint, one drops dead of a heart attack. Will we ever know precisely "who or what caused that poor fellow to drop dead" at that moment? Might it be contributory that the bank's air conditioning wasn't working properly, or that he failed to take his heart pill that morning?
Perhaps. But it doesn't matter. What matters is who is legally (start ital)responsible(end ital) for that death, and the answer is: the bank robber. It doesn't matter that the robber didn't mean to kill anyone; it won't even help if he can prove his gun was loaded with blanks. If a wrongful death occurs during the commission of a felony, and you're the felon, you're going to be charged with manslaughter regardless of your "intent."
The ATF agents at Waco in February of 1993 had the kind of warrant which requires the server to knock on the door -- it was not a "no- knock" warrant. Yet the ATF agents in their bulletproof vests shot the dogs in their pens with their machine pistols as they ran toward the church, and also climbed ladders to the roof and sprayed submachine gun bullets into the upper-story windows, before anyone made any attempt to serve that warrant -- if indeed any such legitimate attempt was made, at all.
Seven weeks later, on April 19, 1993, the FBI was aided in their final assault by active-duty U.S. Army Delta Force personnael, though the Clinton White House insists they had no White House authorization to be there. This is a federal crime, violating the Posse Comitatus Act, which forbids the use of U.S. military personnel against U.S. citizens on U.S. soil.
In addition to that, it is undisputed that the attacking forces used armored vehicles to collapse escape routes and spray CS gas -- outlawed in war by the Paris accords -- in a flammable suspension into a church which they knew contained children and elderly persons for which that gas might prove deadly, in a plywood building heated by kerosene lanterns and heaters (the government had illegally shut off the electricity), further barricaded against government bullets with bales of hay -- while fire engines and TV cameramen were purposely held miles away. This was, at the very least, conduct grossly negligent of its likelihood of causing the deaths of many innocent women and children.
So it doesn't matter who "started" the fire -- Mrs. O'Leary's cow could have kicked over one of those lanterns, and the people responsible for those deaths would still be the lawbreakers who purposely and in violation of law set the conditions, just as a bank robber sets the conditions for the death of one of his hostages -- the felons in this case being agents of the FBI and the U.S. Army's Delta Force.
# # #
But finally let us get to that sentence which should enter the hall of propaganda infamy: "The Branch Davdians were a particularly deranged sect, and four Bureau of Alcohol, Tobacco and Firearms agents were killed in the initial raid that started the seven-week siege."
First, what is the evidence that the Branch Davidians -- a 45-year-old offshoot of the Seventh Day Adventist Church -- were or are "a particularly deranged sect"?
It appears that David Koresh practiced plural marriage. So do some Mormons. Does the Wall Street Journal hold the Latter Day Saints are or were "a particularly deranged sect"? Disapprove of polygamy if you will: It is not a capital crime, and criminal statutes against fathering children by more than one mother are rarely enforced nowadays, at all (or there'd be gaping holes in the starting lineups of several NBA teams.)
Were some of the Rev. Koresh's brides under age? No evidence has been presented that he married without the consent of the ladies' parents, and the age of consent in Texas is 14. But let's concede that a man never given a chance to defend himself in a court of law (and who now never will) may have broken laws in this regard: So what? Federal revenue agents have no authority to investigate violations of such Texas state laws, nor to enforce them. Nor was investigation of marriage or sexual customs listed on the ATF warrant.
When a disgruntled rival for power with David Koresh over leadership of the congregation reported the church to Texas state child welfare authorities, those state authorities came and investigated these charges, and gave the church a clean bill of health.
The members of the Branch Davidian congregation had been integrated into the Waco community for three generations. The local mailman lived at the Mount Carmel church. The neighbors said they had no problems with the Davidians. At the time of the February 1993 raid, one of the church members who picked up the phone and dialed 9-1-1 -- as any law-abiding citizen would -- was a Harvard law school graduate.
So the premise isn't even true. But now look again at the way this sentence links two separate ideas with a comma. Suppose we were to say: "Orthodox Jews observe some unusual religious rituals, and in the past three years several Christian infants have been kidnapped and later found disemboweled within 50 miles of the synagogue."
The writer of such a hypothetical, loathesome sentence will not have actually (start ital)accused(end ital) our hypothetical Orthodox Jewish congregataion of ritual infant disembowelment. Oh no -- he will merely have linked the two unrelated facts and left the reader to draw his own conclusions.
Yes indeed, four Bureau of Alcohol, Tobacco and Firearms agents were killed in the initial raid that started the seven-week siege. The Branch Davidians survivors were put on trial, charged with their murder. They were unanimously acquitted of all the capital charges by a Texas jury. The Branch Davidians stand innocent of those charges.
Why? The prosecution promised to bring forth autopsy evidence of the type of bullets which killed those agents, but never did so.
Who on earth presents a murder case and fail to present evidence that might link the defendants' weapons with the fatal projectiles? There can only be one logical explanation for such a failure: The four ATF agents were killed by 9mm Hydrashock rounds fired that day only by fellow ATF agents using Heckler & Koch MP-5 machine pistols -- they were the victims of accidental, incompetent, fraternal fire by their own brother "officers."
Yet the Wall Street Journal would imply -- in the face of a finding of innocense by an all-American jury -- they these four armed thugs were murdered by a "particularly deranged sect."
Well, as it turns out, they were. But that "particularly deranged sect" -- which daily violates its members' sacred oaths to protect and defend the Constitution, including the Second Amendment -- is not the Branch Davidians Church. Rather, we know it as "the Bureau of Alcohol, Tobacco, and Firearms."
from TPDL 2000-Jul-28, from the Houston Chronicle, by Paul Greenberg:
Bad judgment in Waco totally ignored
The most impressive and relevant part of the eminent John Danforth's long, detailed and extensive investigation of the Waco massacre is what it didn't investigate.
The former senator from Missouri -- and everybody's idea of the gray-haired elder statesman -- didn't comment on the judgment shown by those who OK'd the plans to storm the compound outside Waco. That decision would result not in a rescue, but in an inferno in which 80 people would be sacrificed.
One of the lawyers for the few survivors is Ramsey Clark, the former attorney general who seems to show up in the wake of every political disaster. Told that the Danforth report had cleared the feds, he asked: "If their conduct was so right, how did it end so very wrong, with so many deaths?"
The answer is simple. Or as John Danforth himself explained, he wasn't asked to investigate the judgment shown at Waco, only the facts on the ground -- and those showed that David Koresh and his followers had started the fatal fires themselves.
But would they have ignited those fires if Janet Reno, Webb Hubbell and the other masterminds involved in this operation hadn't decided to go macho? No one should absolve David Koresh, the leader of the Branch Davidians, for his role in this massacre, but the law should protect the innocent, not fulfill the violent fantasies of a bloody-minded madman.
Why didn't the honchos in Washington just wait out these crazies? Or even pull back and maybe save the kids, the way similar sieges are now handled?
To those questions, John Danforth and his huge staff had no answers. Because those are precisely the questions Washington didn't want him to investigate. Or as the distinguished former senator himself explained, his assignment was limited to determining "whether government agents engaged in bad acts, not whether they exercised bad judgment." Exactly.
If no one questions official judgments, nothing will ever be found wrong with them. When it comes to defending officialdom, a lack of interest will beat the best cover-up ever devised.
It was made clear to John Danforth from the outset that he was not to raise the most relevant questions about what happened at Waco that terrible day. Did the government use good judgment? Could the children have been saved?
It is too late to know now. And those responsible for the decision to storm the compound may not want to know.
Let it be noted that in a rare moment of candor Bill Clinton did acknowledge his grievous role in this awful thing. It happened when he was being quizzed about his role in a quite different outrage -- the campaign finance scandal -- by Robert Conrad, head of the Justice Department's investigation into that other tangled affair.
When it was noted that Indonesian money man James Riady had visited the White House that fateful April 19th, the president volunteered: "I gave in to the people in the Justice Department who were pleading to go in early, and I felt personally responsible for what happened, and I still do. I made a terrible mistake."
At least this once, Bill Clinton faced the truth, and deserves credit for it. His impromptu acceptance of responsibility says more about what happened that April day than all the apologetics his administration has indulged in since.
Usually in Washington, taking responsibility for a disaster -- as Attorney General Janet Reno also did in a brief, candid moment -- means never having to say you're sorry, let alone resign. As the Danforth report makes clear, matters of political and even moral judgment are considered irrelevant.
from the Houston Chronicle, via www.smh.com.au 2000-Jun-22:
Firing at shadows: the raid on Waco
Waco, Texas: Following the botched raid on the Branch Davidian compound, federal agents admitted to police that they fired blindly into windows without knowing what they were shooting at, a federal jury has been told.
Mr Michael Caddell, the lead counsel for the more than 100 Davidians and families suing the Federal Government over the raid, read the statements of more than two dozen agents from the Bureau of Alcohol, Tobacco and Firearms (ATF) to the jury.
They painted a picture of agents shooting at shadows and fluttering curtains after gunfire from the compound prevented them arresting the Davidian leader, David Koresh, on February 28, 1993.
Ten people, including four ATF agents, were killed in the hail of gunfire.
"A whole lot of shooting was going on in violation of instructions given to the agents," said Mr Jim Brannon of Houston, another lawyer for the plaintiffs. "You don't just shoot generally. You shoot at specific targets."
Mr Caddell said other key elements to the case were the FBI's deviation from a plan approved by the Attorney-General to end the stand-off, the FBI actions that caused the deadly fire, and the FBI's failure to have firefighting equipment on the scene.
The shootout led to a 51-day stand-off that ended on April 19 in an inferno that killed 80 Davidians, including 25 children.
In their lawsuit against the Government, survivors claim that ATF and FBI agents caused the deaths of innocent people both in the way the initial assault was conducted and in the way the siege was concluded.
Plaintiffs presented District Judge Walter Smith and the six-person jury with the statements ATF agents gave to Texas Rangers following the assault on the Mount Carmel compound.
"I didn't see anyone shooting at our people," one sniper, Mr Paul Smith, said. Mr Mark Murray, an agent, said: "At no time did I see any occupant, other than shadows moving."
Mr Caddell began the day with a video of children who died in the fire. As each child's image appeared on the screen, he gave the name, age and repeated, "never owned a gun, never fired a gun, never broke the law, never hurt anyone".
He also put forward a theory that militant Koresh followers may have started one of the three fires blamed in the deaths.
In his opening statement, Mr Mike Bradford, for the Government, told the jury that "the evidence will show that the responsibility [for the deaths] should not be placed on the shoulders of the brave men and women of the ATF and the FBI. David Koresh and the Branch Davidians themselves were responsible for those events."
from TPDL 2000-May-1, from NewsMax 2000-Apr-30, by David Hardy:
Lawyer Reveals Expert Witness Findings
David Hardy is an attorney who has been involved in civil litigation relating to the Waco raid of 1993. Hardy had significant dealings with Carlos Ghigliotti, an expert Congress had hired to review infrared film taken during the FBI raid of the Koresh compound. For the first time Hardy reveals what Ghigliotti told him about the film.
For the last year I have been privy to certain secrets which I was sworn not to reveal. For reasons I'll mention later, I am now released from my promise of secrecy.
The presence of FBI gunshots on the Waco FLIR [Forward-Looking InfraRed] videotapes has been news for the past few months, but the story had been sitting on media shelves for years before that time.
The FLIR videotapes were made by an FBI aircraft orbiting the Davidian building and show the scene as if it were a black and white video, in terms of heat and cold. The most important tapes were made on April 19, 1993, the day of the fire.
On that day, FBI swore again and again it did not fire a single shot and tried its best to keep Davidians from burning in the blaze.
My involvement in the Waco matter began in 1995, when a friend of mine contacted me about the case. Apparently "60 Minutes" had taken an interest in the aerial infrared footage and sent it to be analyzed by a private firm called Infraspection. While experts at Infraspection determined the blips of light on the footage were gunfire, "60 Minutes" decided not to air the story at that time.
I contacted Infraspection and they offered me the names of other infrared specialists who might be willing to take on the work.
They highly recommended Ghigliotti, who ran a lab in Laurel, Md.
Ghigliotti said that before he would put his name on an opinion, he would need a first-generation copy of the original FBI tape; he would stake his reputation on nothing less than the best material. At that point, the best we had were third-generation copies in VHS, so we had to let the matter go.
Three years later, in late 1999, I got a call from Ghigliotti. He needed some other Waco videos which I had pried out of the FBI and ATF.
He related that he had been retained by the House Government Reform Committee, chaired by Congrssman Dan Burton, and was examining the FLIR tape under their authority.
Ghigliotti added that he had obtained a remarkable copy of the FLIR, a quantum leap above what anyone else possessed. He had discovered that, even when the FBI said it was passing out a first-generation copy, it was in fact giving out a copy, not of the original tape, but of a digitized "master copy."
Knowing that digitization compresses the image and discards detail, he had demanded and gotten a copy of the original 1993 tape, made in Super VHS with some format specifications which ensured it had all the sharpness and quality of the original.
By good fortune, I was flying to his area on some work anyway, so I arranged to visit him in his lab.
It was impressive. He had a bank of Super VHS recorders feeding a row of large monitors, and tapped into a pair of the hottest computers I'd yet seen. With this, and some hardware he had personally designed, he could coordinate two, three, or four different videos and show them in parallel, frame by frame; thus an infrared image could be played alongside a simultaneous video made in visible light.
He was a pilot, and used the arrangement to track things such as illegal water pollution (the polluting water is generally warmer than the river or bay into which it flows, and thus shows up on infrared, while the coordinate visible image makes it easy to spot the location.).
Ghigliotti had no politics that I ever noted, he was proud of his skill, and he was rigorously honest. He staked his reputation on every opinion, and made sure that it was unimpeachable.
In fact, he once mentioned, he'd been hired by the FBI in the past, and cited them as a reference. He would let the chips fall where they might.
Sitting there in his lab, I was a bit cautious about asking his opinion of the Waco tape. I got a feeling, though, when he remarked, "The only thing that pisses me off over this, Dave, is when I hear government officials lying about things that I know happened, because I've seen the evidence."
It was perhaps typical of him: A lack of honesty was more offensive to him than the prospect of official abuse or even homicide. Carlos lived by the truth and could not condone any failure in that arena.
Carlos Ghigliotti did offer me a few previews. He ran a portion of the FLIR video, which depicted events after an FBI tank had demolished the large room, commonly known as "the gym," at the back of the Davidians' home.
By this point, the gym was a field of construction rubble loosely attached to the main building. In the midst of the image a strange flash occurred, perhaps ten feet long.
I asked what it was - clearly it was too long for a gun flash.
"That's a bullet in flight," Carlos said. I knew that a bullet after firing is far too hot to pick up, but I'd never realized they could be seen in infrared. I asked him if he was sure.
"I've imaged them when I've flown over shooting ranges. I know what I see there," was his reply.
Carlos rewound the tape.
"Now, let's see what he was shooting at." He pointed to a spot in the gym wreckage. The unmistakable image of a human being was there, jumping up from behind the cover of one pile of wreckage and sprinting to dive behind another.
The bullet flash came just after he dove down.
"Missed him by half a second," Carlos said.
I almost gasped. On my FLIR copies - previously described as first generation, the best you could get - the flash was visible but the man was not.
Carlos' copy, and equipment - and his eye for detail - had found the holy grail.
He had proof that the FBI was lying.
FBI agents had dismounted from the tanks and engaged in a foot assault, invading the building.
"Yes," Carlos said, "they're lying."
He showed me another preview. This one was from ordinary color video, shot by telephoto media cameras from their position miles away. It was shot aftter the fire was already raging. The images were blurry and the angle shallow - bushes and tanks blocked part of the view of FBI agents moving around.
I'd seen the tape before, but Carlos' eye had seen what mine had not.
"Watch this guy here," he said, pointing to a specific human image on the other side of the parked tanks.
The agent moved, stopped ... and took a shooting stance. You couldn't see the weapon, but it was the stance of a man shouldering a rifle.
Then he turned his head toward the cameras, saw that he was on a line-of-sight with the media positions, and suddenly ducked down and lunged in front of one of the tanks.
That wasn't all. Carlos showed me another of the conventional video sequences.
From in front of one of the tanks came a long bright streak of fire, looking like a large tracer bullet.
"That's not a sunlight flash. I've imaged the same flash from videos taken at two ... no, three ... different angles," Carlos said. "I think it's the fuse on a pyrotechnic grenade."
The "pyros" are teargas shells, well known for starting fires.
I noticed that the angle of the flash was decidedly downward. Carlos explained that the FBI was shooting down into the Davidians' underground storm shelter, sometimes called "the pit."
I said wait a second ... the pit was the exit of the underground tunnel leading out of the Davidian house.
The tunnel was where the FBI (incorrectly) thought the women and children had been placed. So now the FBI is gassing what it thought was their only escape route out of the fire. Carlos nodded affirmatively.
Before I left that day, Carlos gave me another tip.
There is a soundtrack on the last FLIR tape - I should listen to it carefully. When I got back to my office, I did just that.
Before I was through, my jaw was sagging. FBI officials had admitted they stopped fire engines from responding to the fire, but only for a few minutes, until they thought it was safe for the engines to go in.
The soundtrack of the FLIR picks up their radio traffic that day. On the soundtrack, the commander at the scene is calling for fire engines, being told they are on the way, and hearing reports that none are arriving.
He finally gets so upset that he screams into the radio, "If you have any fire engines down there, get them up here immediately!"
He is told they will be there momentarily ... and none arrive.
Either he had been overruled by higher command, or the agents had gone insubordinate and were making sure the Davidians would burn. There was also a strange conversation about someone outside the building, and then pops that sounded like gunfire, and the FLIR aircraft pilot's asking another crewman "did you hear that?"
Carlos and I stayed in touch by telephone and e-mail. I sent him useful data when I found it, and kept my mouth shut.
By the end, Carlos told me that he had spotted nearly 200 likely gunshots, many at full auto.
The FBI hadn't merely fired shots on April 19, it had hosed down the back of the building with rapid gunfire.
Carlos had carefully plotted the movements of each shooter. He could now show shots from one location, the shooter moving to another, and shots from his new site.
At least two individuals were shooting, close in to the building, with others lending support from a distance. And, all the while, the FBI was giving out press statements claiming that the flashes could not be gunfire because no shooters were visible near them.
The FBI was digging itself deeper and deeper into the hole.
Carlos also told me that he'd seen FLIRs from nights before the gassing assault, and that it was apparent that the FLIR aircraft was being used to monitor the Davidians' water supply.
The water was stored in those big plastic tanks at the rear of the building, and the coolness of the water inside showed up as a darker area. It was apparent that the water supply was shrinking, and by April 19 was almost gone. He had heard the aircraft crew talking about it and noting that the level was going down.
So, essentially, they knew that thirst would force an end to the siege within a few days of April 19. Which also meant that the FBI officials had lied to Reno when they said the Davidians had plenty of food and water and the siege was unlikely to end soon.
During this time-frame, Carlos's name first cropped up in the press, as an expert for the House Government Reform Committee who had opined that the FBI fired shots. Strangely, the Committee distanced itself from its own expert, stating in the same article that his opinion was based on regular video rather than FLIR - which wasn't the case.
I asked Carlos if the Committee was abandoning him and covering matters up.
No, he replied, it was quite the opposite. He was briefing them on virtually a weekly basis.
They had uncovered a lot more information than he had. What he knew he couldn't talk about, except that one tiny part of it was that, not only the initial ATF raid, but the entire siege, had been funded out of money dedicated to the war on drugs.
One might say that the entire Waco affair was funded by official embezzlement, since all legal guidelines for use of those millions had been violated by ATF and FBI.
There were other things, he added. But these could simply not be let out.
They were sufficiently shocking to where the Committee was genuinely concerned that, if known, they might inspire violent retribution from radicals.
I said I'd heard statements like that - the truth about Waco could not be explored, for fear of violence, but discarded them as agency excuses.
Carlos said no - the fear is real, and it's not poppycock. The truth is really that grim. The Committee had not yet figured out how to reveal the truth without running this risk, and until it did, it had to disavow his work and sit on the other information.
Much of the data was in the hands of certain key reporters (a few of whom he named), and they were sitting on it for the same reason. But it would come out in time.
In March of this year, Carlos called with several more discoveries that truly sealed the matter.
He'd managed to spot when a hatch opened on the tank at the back of the building, and when a crewman got out of it.
That crewman then fired at an image of a man who fled back into the burning building. Carlos had said that the House Government Reform Committee knew the name of the FBI agent under that hatch. When his testimony was taken, he denied everything - but began shaking violently as he did so.
Carlos had another breakthrough. I'd spotted a strange flash on the tape, and for once had found one that he'd missed. While he was looking for that, however, he found some other flashes.
He told me that he could now link, by time and place, one of the conventional video images of an FBI agent taking a shooting stance, to the FLIR image of a gun flash at the same location and instant in time. The case was now open and shut.
Then, sometime in March of this year, his relationship with the Committee began to break up. I have only his side of the story on this. Apparently, the committee staff wanted quick results.
His response was that he had cataloged nearly 200 likely gunshots. To pin down each one to the certainty he required would take some more months. He wanted, not merely to say something looked like a gunshot, but that after examining every other possibility, after tying in the media videotapes and soundtracks, that there was no possibility it could be anything else.
He had reached that certaintly with some gunshots, but not with the rest. The staffers got into arguments with him. They wanted results, right then.
Some threatened not only to stop payment, but to sue him for what he'd already been paid. Chairman Burton himself called and tried to chew him out.
I urged him to stay on with them - this was vital, and politicos were often hard to work with, you just had to put up with them. He called back a day later and said he'd thought it over and, no, he had better things to do than work with people who threatened him.
He was going to give a preliminary report, brief majority and minority staff, finish his report on the gunshots of which he was certain, and present that with a list of all the things he had not been able to analyze.
On March 18, he faxed me a copy of his preliminary report, identifying when the FBI agent (described simply as an "unknown subject") exited the tank hatch, and the gunfire of which he was certain, together with a brief outline of the movements of the FBI shooters. (As it turns out, this fax is apparently the only surviving copy of that preliminary report, other than those given to the Committee.) In late March, he briefed the staffs.
It goes without saying that by this point, Carlos had become a rather dangerous commodity.
He had found the most solid of evidence that implicated virtually the entire FBI Hostage Rescue Team, and the FBI's high command, in clear perjury.
To the extent they were shooting and gassing in order to pin people in the fire, they were tied in on attempted murder, and accessory after the fact to attempted murder, as well.
Men were collecting government pensions who deserved to be in prison. The survival of HRT - the reputation and perhaps survival of the FBI - were on the line.
This was far worse than J. Edgar Hoover's COINTELPRO, far worse than Watergate, and after years of covering up, the entire agency hierarchy was now stuck to the tar baby.
Now Carlos was no longer under the Committee's control; he was free to talk to whomsoever he chose. Indeed, he had already briefed one of the Davidians' attorneys, and was mulling over whether to testify in the wrongful death suit they had brought.
I've said that I had sworn secrecy, and that I'm now released from that promise. This is a rather long article, but there is a reason. It's in part a memorial for a feisty and totally honest guy I came to like a good deal.
On April 19 of this year, from a hotel room in Waco, I called Carlos to report a minor discovery I had just made at the scene. I got his answering machine, but when it came time to leave a message, the tape just said "tape finished. Thank you for calling."
I thought he'd run out of tape - never happened before, but who knows?
I tried again from time to time, with the same result. I sent e-mail asking him to call. No reply. Well, maybe he was out of town. He did have other court cases going, and had been talking about taking a vacation,
Early on April 29 I tried again, and this time nothing picked up; the phone just rang off the hook.
That afternoon I received a call. Carlos had been found dead in his office. (The press reports said in his apartment, but the address was that of his office; it was on the third floor of an office building, and had no living quarters.)
Perhaps his time was up. He was only 42, and looked in excellent shape (I bet he worked out), but he did have a Type-A personality. Whatever it was, the man most dangerous to a very powerful agency and scores of its agents had been removed from the scene.
The next day the House Government Reform Committee was quickly distancing itself from its own expert, a man who had been briefing it for months, had submitted his preliminary report a few weeks before, and had been briefing its staffs within the past two weeks.
An AP story quoted committee staff as saying that "Ghigliotti's work for the committee ended some time ago." Rumors were quietly placed that he was "controversial" and had been "fired by the Committee."
Let me set the record straight: I owe it to that honest man. In my phone log I have two calls from him, sometime between March 18 and March 23 (I often overlook writing in the new day). These are about 3-4 weeks before his death:
Notes on first call:
Kevin Binger, chief of staff to Burton, wanted report rewritten his way. Carlos needed stuff from locker (presumably Rangers' evidence locker or locker in custody of court) and committee refused to send him (Carlos) down there. [Again, the indication is that he's not fully broken off relations.]
Notes on second call:
Shots from side of tank. He had been showing the FLIR of a tank hatch opening and a guy coming out of the CEV to the Demo staff members; they agreed that the hatch opened but some didn't agree they could see the person. They knew by name the person under that hatch. Guy dismounts and shoots at a Davidian. Something about audio track at another point says tank is in pursuit of an unidentified subject. [Word unclear, begins with C, likely "Congress"] only wanted his anomaly list [i.e., his list of thermal anomalies, rather than a study of each]. Over a hundred of those. Something about four gunshots. He suggested Demos might pay for analysis of the rest. Demos unaware. [As I recall, he said the minority staff had been kept apprised only of the major developments, and were surprised to learn of all the details.]
I had placed high hopes on the Congressional inquiry, but my trust level is rapidly declining.
Carlos had said that the Committee would let it all out eventually, that they were just keeping a distance from him in the press reports until that time.
But now he's dead, and the Committee is claiming falsely that he was fired and had not worked for them for some time. But for his fax, and a phone log, the story might pass muster and his discoveries be buried with him.
I'm beginning to wonder if Carlos wasn't a bit too trusting of his employers. There are ways to silence congressional oversight.
J. Edgar Hoover was a master of that ... it was amazing what a few files on the pecadillos of congressmen could do. And so far, for all the thousands of pages of documentation the Committee has gotten - for the secrets they had uncovered, that Carlos takes to his grave, but considered so damning of the agencies that it might inspire another Oklahoma City - not one word has been revealed to the public, and no hearings are scheduled.
Nobody ever said that politics is conducive to honor. But Carlos deserved better - he was a genuinely honorable man.
from TPDL 2000-May-1, from NewsMax:
Report to Congress on Infrared Footage at Waco
The following is a summary of conclusions reached by Carlos Ghigliotti, an infrared film expert. Mr. Ghigliotti completed this report as a consultant to the Congress. He determined federal officials had, in fact, fired into the Koresh compound.
Summary of the most important events that occurred on April 19, 1993
A complete analysis of the FLIR videotape (#3) taken between 10:41:57 and 12:16:13 was made using the equipment listed in volume 1.
An electronic grid was placed on the videotape and divided into 4 quadrants. The top left section is quadrant 1 or (Q1). The top right section is quadrant 2 or (Q2). The bottom left section is quadrant 3 or (Q3) and the bottom right section is quadrant 4 or (Q4). A videotape was recorded with this grid pattern and provided.
At 11:16:27 the tank or CEV (combat engineering vehicle) first appears.
At 11:18:40-Q1 the tank starts to demolish the rear wall of the gym. This continues on until 12:09:02-Q3 when the tank leaves the rear area of the gym. There were a total of 19 instances that the tank penetrated the gym.
At 11:23:02-Q3 & Q4 the tank has penetrated the gym for the 6th time.
At 11:23:23 the tank is completely inside the gym.
At 11:24:17-Q2 two unknown subjects appear from underneath the tank.
Between 11:24:30:16-Q2 and 11:24:36-Q1 the unknown subjects shoot into the hole made by the tank in the gym wall.
Between 11:24:50-Q4 and 11:25:04 there is a response in the form of gunfire from the inside of the gym directed at the 2 unknown subjects.
At 11:26:04-Q2 the tank breaks through the front wall of the gym.
Between 11:26:13-Q1 and 11:26:27-Q1 additional gunfire comes out of the gym directed at the 2 unknown subjects. This gunfire has pinned down the 2 unknown subjects on the ground.
At 11:26:26-Q1 the tank backs over the 2 unknown subjects. The approximate height of the tank is 20 inches and 6 feet in width between the tracks.
At 11:26:39-Q4 one of the 2 unknown subjects is clearly visible exiting out the hole in the front wall of the gym the tank previously made. The unknown subject turns to the right into the courtyard.
Between 11:28:04-Q1 and 11:28:14:04-Q4 there is gunfire emitting from the position the unknown subject was seen at 11:26:39-Q4 (the courtyard) the direction of this gunfire is into the structure.
Between 11:28:18-Q4 and 11:28:22-Q4 there is a response of gunfire coming out of the structure.
Between 11:30:09-Q4 and 11:30:15-Q4 there is gunfire from the same area in the courtyard directed into the structure.
At 11:33:51-Q4 there is gunfire between the gym wall and the swimming pool. The direction of this gunfire is into the structure (possibly unknown subject #2) since the infrared signature from this weapon is different from the rounds fired in the courtyard.
At 11:34:32-Q4 there is one gunshot directed at the unknown subject on 11:34:33-Q3 that is running and hiding between the gym and the swimming pool.
Between 11:34:33-Q3 and 11:34:34-Q3 unknown subject is being shot at.
Between 11:34:45-Q4 and 11:38:31-Q3 there is gunfire coming out of the structure.
Between 11:38:34-Q3 and 11:38:36-Q3 an unknown subject is seen hiding in front of the tank.
At 11:43:34-Q4 is the 3rd time the tank enters the front middle section of the structure. This is the side facing the cameras from the media. The tank enters the front part of the structure on numerous occasions and is fired upon every time it enters the structure.
Between 11:43:36-Q4 and 11:59:03-Q3 there is gunfire from the second floor front side directed at the tank.
At 12:03:59-Q2 unknown subject appears next to the tank in the rear of the structure.
At 12:05:17-Q2 1st time the tank inserts the boom into the corner of the front tower.
At 12:07:42-Q4 the fire is now visible in the infrared spectrum coming out from the window of the second story tower.
At 12:08:12-Q4 unknown subject comes out of the tank and shows up at 12:08:51-Q3 shooting at the other unknown subject that appears at 12:08:34-Q4.
Between 12:08:31-Q4 and 12:08:32-Q3 a cluster of thermal anomalies appear at the corner of the gym.
Between 12:08:34-Q4 and 12:08:44-Q4 unknown subject runs from the area where the thermal anomalies are. The subject hops over the rubble and hides in the gym.
Between 12:08:51-Q3 and 12:08:52-Q3 there is automatic gunfire into the area where the unknown subject at 12:08:44-Q4 was hiding.
12:09:02-Q3 rear tank leaves the area.
Between 12:10:41-Q3 and 12:11:15-Q1 numerous rounds of gunfire are shot from the center of the courtyard and all are directed into the structure.
No additional events of importance are viewable due to the fire overloading the detector on the FLIR.
CONCLUSIONS:
No additional gunfire is detectable on the videotape because the infrared detector on the FLIR overloaded with the infrared energy emitted by the fire. The gunfire did continue on. There is visible video evidence taken by the media to support this and there is gunfire recorded on the audio track of the aerial FLIR tape #4 taken by the same aircraft.
Total number of gunfire shots coming out of the structure 69
Total number of gunfire shots going into the structure* 57
Total number of flash devices 1 cluster
SUB TOTAL 127
Total number of times the tanks penetrated into the structure** 33
Total number of times the tanks penetrated thru the structure 1
TOTAL NUMBER OF EVENTS 161
* THERE ARE 3 THERMAL FLASHES WHERE THE WEAPON USED, HAD A POSSIBLE FLASH SUPPRESSOR DEVICE INSTALLED, THEY OCCURRED AT 11:24:31:28, 11:24:35:10 AND 11:28:14:13. THEREFORE THE POSSIBILITY EXISTS THAT MORE THAN ONE ROUND OF AMMUNITION WAS FIRED DURING EACH OF THE 3 EVENTS. ALTHOUGH ONLY ONE ROUND OF AMMUNITION WAS USED AS THE AMOUNT FIRED FOR THIS LIST.
** AFTER REVIEWING THE VIDEOTAPE NUMEROUS TIMES. THE FOLLOWING PATTERN APPEARED, WITH ONLY A FEW EXCEPTIONS. THE BRANCH DAVIDIANS SHOT AT THE TANKS, ONLY AFTER THE TANKS PENETRATED THE STRUCTURE. TOTAL NUMBER OF TIMES, UNKNOWN SUBJECTS APPEAR ON THE FLIR VIDEOTAPE. 7
TOTAL NUMBER OF EVENTS THAT OCCURRED BETWEEN 10:41:57 AND 12:16:13 (FLIR TAPE #3) 198
from the Fort Worth Star-Telegram, 1999-Sep-12, by Jennifer Autrey with Gabrielle Crist:
Military forces' role in Waco challenged
The images of Bradley fighting vehicles punching holes in the wooden compound of the Branch Davidian sect and of helicopters hovering overhead as the structure burned have become etched in America's collective psyche.
The extent and legality of the military involvement in the 51- day siege at the Mount Carmel compound near Waco six years ago is expected to be a focus of upcoming investigations into the fiery end of the siege on April 19, 1993. The bodies of sect leader David Koresh and about 80 of his followers were recovered in the fire's remains. Among questions surrounding the operation is how military personnel, equipment and munitions were used and whether the government had a role in setting the blaze that consumed the compound. At the heart of the questions about military involvement is the Posse Comitatus Act, which prohibits the armed forces from participating in civilian law enforcement operations.
Some issues expected to be examined are:
The involvement of the Delta Force, an elite, top-secret Army unit established to combat terrorism. Some former government officials say the Delta Force had a greater role in the operation than the FBI acknowledges and, as a result, violated the Posse Comitatus Act. In a sworn affidavit, a former sergeant first class in Army Special Forces said a noncommissioned officer told him that the Delta Force's "B" Squadron had been ordered to "take down" the Branch Davidians at Mount Carmel.
Whether federal officials used a 1990 change in the Posse Comitatus Act -- allowing the use of the military in anti-drug operations -- to assist the Bureau of Alcohol, Tobacco and Firearms and the FBI in the Waco siege and assault. When the ATF asked the military for help in staging its initial raid of the compound on Feb. 28, 1993, military officers said the ATF would have to reimburse the Army for any assistance because there was "no known drug nexus," according to Lt. Col. Lon Walker, an Army liaison to the ATF.
Less than a month later, the ATF added "drug activity" to the matters it was investigating in regard to the Branch Davidians, a move that a congressional report called "deliberately misleading."
Possible violations of Texas and Alabama state laws prohibiting the use of National Guard personnel and equipment against the Branch Davidians. Texas law prohibits the use of the Texas National Guard in civilian law enforcement unless there is a clear drug connection. Alabama law says its National Guard force has no authority outside state boundaries.
National Guard personnel and equipment from both states were used at Mount Carmel. A congressional report has determined that those actions were taken without proper authority.
Delta Force
Recent revelations indicate that the Delta Force had a greater presence and a more active role in the final assault on the Branch Davidians than FBI officials have acknowledged. According to at least one account, the Delta Force was there not to advise, but to kill.
Steven Barry, a retired Special Forces sergeant who sometimes trained members of the Delta Force, gave a sworn affidavit to plaintiffs' attorneys in a civil suit brought by families of dead Branch Davidians. The case is scheduled to go to trial in Waco on Oct. 18.
In the affidavit, Barry quoted a friend in the Delta Force as saying the unit set up a tactical operations center during the siege that was staffed by 10 to 20 soldiers.
Barry said another friend in the Delta Force told him that the unit's "B" Squadron had been ordered to "take down" Branch Davidians. Barry said he understood from his experience in the Special Forces that "take down" meant to kill people identified as terrorists.
Barry isn't alone in these allegations.
Former CIA officer Gene Cullen has said in several recent interviews that he learned through casual conversations with Delta Force members that 10 of the unit's commandos were present during the April 19, 1993, assault and may have participated.
Similarly, James B. Francis, commissioner of the Texas Department of Public Safety, said "it is clear" that members of the Delta Force were on the scene. Initial reports indicated that three members were present, but Francis said he is now being told that as many as 10 were there.
"There is some evidence that might indicate that they were more than observers," Francis said. "It is fuzzy as to what their role was."
Francis said law enforcement officials and civilians have provided first- and second-hand reports on Delta Force activities. He declined to elaborate further.
Evidence gathered after the Mount Carmel fire was in the hands of Texas law enforcement officials until U.S. District Judge Walter Smith Jr. ordered all evidence surrendered to the federal clerk in Waco.
Government attorneys have indicated in some court documents that as many as 10 "classified" military personnel were present, said Houston attorney Mike Caddell, who filed the wrongful death lawsuit on behalf of about 100 people, mostly relatives of dead Branch Davidians.
"We've been told that there were 10 military personnel, but they won't tell us who they were," he said.
Caddell said government attorneys were asked to answer questions in connection with the lawsuit. One of the questions asked for a list of all military personnel who were at Mount Carmel.
Government officials listed Army medical personnel, the Texas National Guard and 10 others whose identity they said is classified information, Caddell said.
Army Col. Bill Darley, a Defense Department spokesman, said the Pentagon has stated that it had only three Special Operations personnel at Mount Carmel and he has seen nothing to refute that statement. Two soldiers were present during most of the siege to maintain high-tech equipment, he said. Another was there when the compound burned, but only as an observer, he said.
"We had a presence there for support only," Darley said. "All other allegations appear to us to be unfounded and without basis in fact."
That distinction is crucial, according to federal law.
If what Barry and Cullen say is true, military personnel may have violated the Posse Comitatus Act, which forbids use of military personnel in civilian law enforcement except in special cases approved by Congress.
The prohibition applies only to direct participation by soldiers in an arrest, search or seizure. Soldiers may train civilian law enforcement agents or provide military vehicles and munitions.
A congressional report determined that all members of the military were present only as observers and that no violation of the act had occurred. The report, "Investigation into the Activities of Federal Law Enforcement Agencies Toward the Branch Davidians," was issued in August 1996 by the House Government Reform and Oversight Committee and the House Judiciary Committee after their 1995 hearings.
Darley said Pentagon policy prevented him from discussing further any of its "special missions units" such as Delta Force.
Drug ruse?
Some evidence suggests that the ATF created a ruse about the possibility of illegal drug manufacturing at Mount Carmel to obtain free military assistance for its Feb. 28, 1993, raid, which left four ATF agents dead and more than 20 wounded.
As early as November 1992, ATF agents were discussing the need for military support with Walker, the agency's Defense Department liaison, according to Treasury Department documents. The ATF is part of the Treasury Department.
But there was a problem.
In a meeting with the ATF on Dec. 4, 1992, Walker informed the agency that it would have to pay the military for the use of its equipment because the military could waive the charges only in anti-drug operations.
At the meeting, Walker jotted a handwritten note that said: "There was no known drug nexus," according to the Treasury Department documents.
The bill would have been considerable. The military assistance at Waco cost about $1 million, according to a General Accounting Office report released Aug. 26. About 90 percent of the cost was incurred by the Texas National Guard and U.S. Army, the report said.
That military personnel can play a greater role assisting civilian law enforcement in drug investigations is a significant exception to the Posse Comitatus Act, passed as part of the 1990 Department of Defense Authorization Act to help fight illegal drug importation.
Before the end of December 1992, the ATF was investigating "suspicion of drug activity" at the Branch Davidian compound, according to the Treasury Department report.
That addition to the points of investigation apparently was based on a Dec. 16, 1992, facsimile from Marc Breault in Australia, who suggested that a methamphetamine lab had once been seen on Branch Davidian premises. Congressional investigators later determined that Breault was a former Branch Davidian who had left the sect on bad terms.
Former Branch Davidians said Koresh had discovered the lab when he arrived at Mount Carmel and had telephoned the McLennan County Sheriff's Department to report it and to ask that deputies confiscate it, but no one ever came, the congressional report said. The building Breault said the lab was in burned down three years before the ATF raid, the report also said.
David Kopel, a former Colorado assistant attorney general and now a researcher for the Independence Institute, a conservative think tank in Colorado, said he was not surprised by the ATF's decision to add "drug activity" component to the investigation.
"All the military wants is the word `drugs,"' Kopel said. "Nobody cares if it's true."
However, the initial application for a warrant to search the compound included nothing about suspected drug violations. After agents failed to serve the warrant on Feb. 28, 1993, the day of the aborted first assault, they applied for another warrant and expanded its scope. That warrant also made no mention of drugs.
The congressional report states that the Feb. 28 raid should have been conducted differently if there was a real concern about the prospect of a clandestine methamphetamine lab on the premises. Because such labs usually contain explosive and toxic chemicals, standard procedure calls for the arrest of lab operators away from their laboratories. Koresh was regularly seen in Waco and could easily have been apprehended, officials have said.
"All those justifying stories have kind of gone up in smoke: drug use, machine guns, child abuse," said Daniel Polsby, a professor at George Mason University's law school who specializes in constitutional law.
The congressional committees eventually determined that the "ATF misled the Defense Department as to the existence of a drug nexus in order to obtain non-reimbursable support."
Darley, the Pentagon spokesman, said he wouldn't comment on any conclusions reached by Congress. But he said the Pentagon concurs with an Aug. 26 General Accounting Office report, which determined that the approval of military counterdrug support was reasonable and authorized.
National Guard involvement
The use of Texas and Alabama National Guard units at Mount Carmel may have violated laws in both states and perhaps the U.S. Constitution.
Convincing state officials that drugs were involved in the Branch Davidian investigation was crucial to involvement of the Texas National Guard.
The Posse Comitatus Act does not prohibit use of state National Guard personnel for local law enforcement, but Texas law does. State law allows the use of its National Guard helicopters for law enforcement only if there is a evidence of drug violations.
On Dec. 11, 1992, ATF Special Agent Jose Viegra met with representatives of Gov. Ann Richards' office to discuss the role of the military in any potential ATF action against the Branch Davidians, Treasury Department documents show.
Viegra was told he could not make use of Operation Alliance, which serves as a clearinghouse for several agencies involved in drug investigations along the Southwest border, unless there was a drug component.
Three days later, according to a Treasury Department memorandum, Operation Alliance officials received a facsimile from the ATF requesting assistance from the Texas Counterdrug Program, which included the National Guard.
Lt. Col. William Pettit, Texas National Guard coordinator of the Texas Counterdrug Task Force, signed off on the request. The ATF fax made no reference to suspected drug violations in the compound, casting Pettit's approval in doubt, according to the congressional report.
After the Feb. 28 raid, ATF Deputy Director Daniel Hartnett wrote Gov. Richards a letter on March 27, 1993, denying allegations that Mount Carmel did not have the necessary drug activity to justify the Texas National Guard's involvement.
"Please let me assure you that nothing could be further from the truth," Hartnett wrote.
Hartnett wrote that 11 sect members "have some prior drug involvement, some with arrests for possession and trafficking." However, when ATF agents were interviewed by Treasury Department officials in a post-siege review, they said that only one Branch Davidian had a drug conviction, the congressional report said.
The use of the Texas National Guard isn't the only questionable Guard involvement.
The ATF also used the Alabama National Guard for aerial photography on Jan. 14, 1993. That task was authorized by a "memorandum of agreement" between the adjutants general of the Texas National Guard and the Alabama National Guard.
According to Texas law, the National Guard from another state cannot be used without approval of the Texas governor. Alabama state law says that its National Guard has no authority to conduct operations outside the state.
National Guard personnel said in a post-raid Guard investigation that Gov. Richards did not approve the use of the Alabama National Guard. Military documents released to Congress during its 1995 hearings indicated that Richards was unaware of the extent of the Texas National Guard's involvement until after the Feb. 28 raid, the congressional report said. Neither Richards nor members of her staff at the time could not be reached to comment last week.
Use of the Alabama National Guard may also have violated the U.S. Constitution, the congressional report said, although that issue was outside the scope of the congressional investigation.
The Constitution specifically prohibits states from entering into treaties without congressional consent. The National Guard Bureau takes the position that use of the National Guard for law enforcement purposes across state lines is therefore strictly prohibited.
"Thus, it appears that the Alabama National Guard entered and conducted military operations in Texas without the proper authority to do so," the congressional report said.
from TPD 1999-Oct-7, from the Dallas Morning News, by Lee Hancock:
Tapes show gunfire, Davidians' experts say
House analyst agrees; FBI has said agents didn't shoot during standoffHOUSTON - High-quality copies of FBI infrared tapes released this week to Branch Davidian lawyers include repeated bursts of rhythmic flashes from both government positions and the sect's compound, and two experts hired by the sect's lawyer say the flashes must be gunfire.
A third expert, retained by the House Government Reform committee, analyzed a lower-quality copy of the infrared tape, which was shot on the last day of a 1993 standoff with the sect near Waco. He also concluded that flashes visible on the tape had to be gunfire, a committee staffer confirmed Wednesday.
Federal officials have maintained that the FBI didn't fire a shot during the 51-day standoff, which ended with a federal tank-and- tear-gas assault on April 19. The compound caught fire six hours after the assault began and quickly burned with sect leader David Koresh and more than 80 followers inside. Arson investigators concluded that the sect members deliberately set the fire.
An FBI spokesman did not return calls for comment Wednesday.
Michael Caddell, a Houston lawyer representing sect members in a wrongful-death lawsuit against the federal government, said Wednesday that he played the new videotapes and presented other information and expert analysis in a daylong briefing Tuesday for former Sen. John Danforth.
Mr. Caddell said the briefing included presentations by two former Defense Department infrared experts who have concluded that the FBI videotapes captured government gunfire.
A spokesman for Mr. Danforth declined to comment.
Mr. Danforth, a Missouri Republican, was named last month by Attorney General Janet Reno to head an independent investigation of federal actions against the sect.
Information that the Houston lawyers presented to Mr. Danforth's team included an expert's analysis that the FBI's infrared videotapes released to the public, Congress and the courts appear to have been altered, Mr. Caddell said.
If the same gaps and electronic anomalies appear in original tapes still in Justice Department custody, Mr. Caddell said, he will use that to challenge the government's fire investigation as fatally flawed.
"I think at this point, it's clear that the whole investigation, and particularly the fire investigation, was garbage in-garbage out," Mr. Caddell said.
Arson team testimony
Members of the arson investigation team testified in a 1994 criminal trial and also told Congress that the infrared videotape, shot from an FBI airplane, was a key reason for their conclusion that the sect immolated itself and its compound.
The tape included images of three fires erupting almost simultaneously in different parts of the compound. Investigators also found traces of multiple accelerants in the compound wreckage.
The same videotape the arson team used was presented as government evidence in a 1994 criminal trial against surviving Branch Davidians and a 1995 congressional inquiry into the standoff.
A former government recording expert hired by the Houston lawyer said he found repeated anomalies.
"There's so much editing on this tape, it's ridiculous," said Steve Cain, who spent more than 20 years as an audio and video expert with the U.S. Secret Service and the Internal Revenue Service's national crime lab in Chicago.
Mr. Cain said his analysis is preliminary because he has not been granted access to the original tapes.
But he said his work has turned up evidence of erasures of audio, including the one-hour, 20-minute period before the compound fire.
"It's just like the 18-minute gap on the Watergate tape. That was erased six times by Rose Mary Woods," he said. "That's why we're trying to get to the originals."
Carlos Ghigliotti, an expert retained by the House panel investigating the Waco matter, was quoted by the Washington Post Wednesday that his analysis of the tapes convinced him that FBI agents shot in the direction of the Davidian compound on April 19.
Infrared footage shot early in the first three hours of the FBI assault was disclosed last month. It includes repeated orders from an FBI pilot to turn off the audio on the airborne infrared recorder used at Waco.
The audio that remained includes radio transmissions in which an FBI commander ordered the firing of pyrotechnic tear gas grenades at a bunker near the compound. Pyrotechnic gas was banned by Ms. Reno when she approved the assault, and FBI and Justice Department officials denied for six years that the government had used anything capable of sparking fires on April 19.
They only acknowledged that the pyrotechnic grenades were fired after a former FBI official confirmed their use in late August. That admission prompted new congressional inquiries and the appointment of Mr. Danforth.
Sent to Congress
The infrared tapes sent Monday to Mr. Caddell were described by Justice Department lawyers as "first-generation" copies of the original tapes shot at Waco on April 19, he said.
Inexplicably included in the opening minutes of that tape is an eight-minute portion date-stamped April 16. That footage appears to be a frozen infrared shot of an empty field with no images of the compound.
Mr. Cain said that was one of the most egregious of what he described as dozens of unexplained anomalies.
"And it appears that either insert edits or other types of over recordings were made by the same or different video camera sources," said his Sept. 30 preliminary report to Mr. Caddell.
Shared concerns
Maurice Cox, a retired satellite imagery analyst and mathematician who worked for 33 years on secret government photo- reconnaissance projects said Wednesday that he shares many of Mr. Cain's concerns. He recently examined copies of the FBI infrared tapes released last month.
"There are things that I don't understand. I don't know what they mean, but I know that you need to go to the master tapes and find out what in the hell is going on," said Mr. Cox, who lives in California.
Mr. Cox began studying infrared Waco footage after hearing that FBI officials dismissed the flashes that appeared even on poor- quality copies of the Waco infrared tape as "sunlight reflections."
He said he became interested in the issue after viewing a 1997 Waco documentary that first publicized the infrared footage and presented a former Defense Department expert's assessment that it captured government gunfire.
A second film due out this fall from the same Colorado investigator, backed by MGA Productions of Fort Collins, further explores the infrared issue.
Government officials have said their agents held their fire even after FBI tanks drew heavy Davidian gunfire as they rammed the compound.
The infrared tape includes segments in which flashes are visible around government tanks as they approached or left the building. The flashes are particularly prominent on first-generation tapes sent to Davidian lawyers this week and appear most frequently during the half-hour before the compound burned.
The first-generation tapes also show flashes coming from compound windows at angles consistent with shots being fired at approaching or retreating tanks.
Explained as sun
FBI officials have said they believe flashes on the infrared were caused by sunlight reflecting off puddles of water or shiny debris.
Mr. Cox said he spent months on a detailed mathematical and physical analysis, even traveling to Waco at his own expense to complete a study that concluded that the FBI's explanation for the flashes was physically impossible.
Mr. Cox submitted his technical report to the FBI and to lawyers on both sides in the pending wrongful-death lawsuit.
He said he has not been retained by either side and does not plan to testify in the lawsuit, which alleges that the government's negligence or actions led to the tragedy. Davidian lawyers have alleged that government forces even fired repeatedly into the compound during the final hours of the tear-gas assault, a charge that Justice Department lawyers have vehemently denied.
Mr. Cox recently posted his report on a Web site, www.rolandresearch.com.
"The only logical conclusion is gunshots, because nothing else works," he said. "Nothing in nature could do that. Nothing that you could find in a shop or home could get hot and cool off and get hot again at those tremendous high rates that are seen on that videotape."
Mr. Ghigliotti could not be reached Wednesday. In a statement released by the House Government Reform Committee, Chairman Dan Burton, R-Ind., said he had been briefed on his findings and found them "troubling."
But he said that it was premature to draw conclusions.
from TPDL 1999-Sep-26, from the Fort Worth Star-Telegram, by Jennifer Autrey with Jack Douglas Jr. and Michael D. Towle:
Critics call for inquiry of aircraft role in Davidian raid
On a chilly February morning six years ago, a member of the Branch Davidians dialed 911 and began screaming that gunfire from military helicopters was raking the sect's Mount Carmel compound.
"Another chopper with more people -- more guns going off. Here they come," Branch Davidian Wayne Martin told the operators. Seconds later, he added, "More firing! . . . That's not us. That's them!"
The call came near the beginning of a 45-minute shootout that left six sect members and four agents from the Bureau of Alcohol, Tobacco and Firearms dead. A 51-day siege followed.
The siege ended April 19, 1993, when the compound went up in flames after the FBI tried to force out the residents by inserting tear gas. The bodies of about 80 sect members, including leader David Koresh, were found in the ashes.
Now, John Danforth, a former U.S. senator from Missouri, is investigating the FBI's conduct on April 19, pledging to answer the "dark questions" of whether the government killed people and covered it up.
But Branch Davidian survivors say the events of Feb. 28, 1993, deserve equal attention, particularly whether shots were fired from the helicopters into the compound.
Government officials have never wavered from their position that no shots were fired from the helicopters that day.
The government's version of events seemed credible to Congress. A 1996 congressional report issued after hearings in 1995 said, "The evidence presented to the subcommittees generally supports the conclusion that no shots were fired from the helicopters at the Branch Davidian residence."
But the government's account of the events near Waco has taken a beating on several fronts. Last month, the FBI disclosed after years of denials that it used pyrotechnic tear- gas canisters to help end the standoff.
Also, the ATF justified the use of military assistance in training for its initial raid by claiming that there might have been illegal drug activity at the compound, an allegation that a congressional report later called "deliberately misleading."
Critics of the government, as well as attorneys for the Branch Davidians, question whether officials are telling the truth when they say no shots came from the helicopters on the first day of the raid.
"Everybody we talked to, including old women who were clearly not threats, said they saw flashes coming from the helicopters," said Jack Zimmermann, a Houston lawyer who represented the Branch Davidians.
The helicopters flew in a triangle formation the morning of Sunday, Feb. 28. Two small OH- 58 Bell Ranger choppers were in front. A UH-60L Blackhawk, big enough to carry 14 soldiers, followed.
The Texas National Guard pilots flying the helicopters and the ATF agents aboard said the choppers had only one role: to serve as a diversion for ATF agents trying to deliver a search warrant to the compound's front door.
As the helicopters approached from the northeast, they drew fire about 300 meters from the compound, the pilots said. All three were hit and immediately veered north, away from the compound, they said.
Government officials say that the helicopters had no mounted guns and that the ATF agents aboard, although armed, did not shoot.
In a criminal trial brought by the government against some surviving Branch Davidians, the pilot of the Blackhawk helicopter, Jerry Seagraves, said the aircraft has a mount for an M-60 machine gun that can swing outside the aircraft.
But Seagraves told the court that no weapon was mounted on the chopper, although it was carrying eight armed ATF agents.
"The doors were closed. There's no way they could have fired out of the aircraft with the doors closed," he said. "The only opened area in the aircraft was the door gunner's window, which they were videoing out of."
The commander of the Texas Rangers at Mount Carmel, David Byrnes, said in a recent interview that there was no evidence to indicate agents fired weapons from the helicopters. Bullet holes were found in at least two of the choppers, but they came from "hostile fire from the ground," Byrnes said.
Byrnes, who has since retired, said he believes Koresh's attorney and others are sincere in their belief that shots were fired from the helicopters in the Feb. 28 raid. But he said he found "no evidence it happened . . . except for people saying that it happened."
The government's account differs greatly from versions given by survivors and Koresh's attorneys, who visited Mount Carmel before the April 19 fire.
David Thibodeau, a Branch Davidian who survived the fire, recalls the moment the roar of helicopter blades could be heard inside the compound.
Koresh ran to warn his followers to be alert for an attack as ATF agents tried to serve a search warrant for illegal weapons, Thibodeau said.
"Fifteen seconds later, all I could hear were all these shots. The people who were at the back of the building all claimed they were coming from helicopters shooting at the back of the building," said Thibodeau, referring to a part of the compound not visible to the media assembled outside.
Besides Thibodeau, who is publishing his memoirs, several other Branch Davidians said the helicopters fired on them Feb. 28. Marjorie Thomas testified by videotape at the criminal trial that she and two other women saw a person hanging from the helicopter. As the chopper approached, bullets came through their window, she said.
Another Branch Davidian, Kevin Whitecliff, said at his sentencing in the criminal trial in 1994: "There were three or four helicopters buzzing around shooting people. I thought I was going to die."
Although the government has said the helicopters were never closer than 300 meters from the Mount Carmel buildings, John McLemore, a reporter for Waco TV station KWTX, testified in the criminal trial that he saw the helicopters fly "very close" to Mount Carmel -- "within, oh, 100 or 200 yards of it before turning around," he said.
Further clouding the question is a statement from James Cavanaugh, an ATF agent who was negotiating with the Branch Davidians during the siege. According to a transcript of audio tapes, Cavanaugh at first said there were no guns on the helicopters but then reversed himself after Koresh called him a liar.
"What I'm saying is that the helicopters didn't have mounted guns. OK?" Cavanaugh said. "I'm not disputing the fact that there might have been fire from the helicopters. If you say there was fire from the helicopters and you were there, that's OK with me. What I'm telling you is there was no mounted guns, ya know, outside mounted guns on these helicopters. . . ."
Cavanaugh did not return recent phone calls to his office. Sheree Mixell, an ATF spokeswoman in Washington, said Cavanaugh could not comment because of pending civil litigation against the agency. However, she said, Cavanaugh's comments could simply be a negotiating technique.
"In that kind of situation, it's not uncommon to be in agreement with a suspect, particularly a violent suspect, to try to alleviate or diffuse the situation," Mixell said.
Dick DeGuerin, Koresh's attorney, thinks he knows whether Cavanaugh was telling the truth to Koresh about gunfire from the helicopters. DeGuerin visited his wounded client's bedroom, atop the 4-story observation tower at Mount Carmel, on March 28, 29 and 30 and April 1, 1993. Government officials allowed DeGuerin to enter the compound in hopes that he might be able to help end the standoff.
"The ATF on the first day fired machine-gun rounds from the helicopter into that room," DeGuerin said. "I saw the bullet holes."
DeGuerin said he saw that the Sheetrock was punched out and pieces of it were hanging from the ceiling, indicating that shots had come from almost directly above.
Zimmermann, who represented Branch Davidian Steve Schneider and who entered the compound with DeGuerin, said he also believes that the building was fired upon from the helicopters.
"I saw rounds that had come from the sky. If they didn't come from a helicopter, somebody was standing on the roof shooting," Zimmermann said.
DeGuerin said videotapes from the scene make clear that no one was on that portion of the roof during the raid.
"There's no way those bullet holes could have gotten there any other way," DeGuerin said.
from TPD 1999-Oct-9, from Capitol Hill Blue, by Jim Burns, CNS Senior Staff Writer:
Feds knew all along Davidians planned to destroy their compound
A now retired US Army Colonel who assisted the FBI at the Branch Davidian siege in Waco, Texas in 1993 says the feds knew from the very beginning the breakaway religious group's plans to destroy the compound.
Colonel Rodney Rawlings of Austin, Texas said recently in a news story "You could hear everything from the very beginning, as it was happening." Rawlings said he heard bug transmissions from speakers in an FBI monitoring room at the FBI's main Waco command post. "Anyone who says you couldn't at the time is being less than truthful."
Federal officials from Attorney General Janet Reno on down have said for years that the FBI did not know that the Davidians were spreading fuel and preparing to set a fire throughout the FBI's six hour tank and tear gas assault on the Branch Davidian compound.
Rawlings told the Dallas Morning News, "Among the most chilling transmissions was Mr. Koresh's order to set the fires, a command followed by the sounds of gunshots. The bugs then broadcast the voice of Mr. Koresh declaring that God did not want him to die, and his chief lieutenant's response that the sect leader wasn't going to get out of this."
Rawlings was on the scene in Waco as senior Army liaison to the FBI's hostage rescue team. He worked in an area adjacent to the open door of the monitoring room and heard the voice of Koresh and other Davidians praying, planning the fire and preparing to die during the FBI's tank assault.
He further criticized federal authorities about Waco saying, " They're using the excuse of technical difficulties to cover why they didn't react on the information they had. They had a very poor plan to begin with that allowed them nothing to fall back on in the event that things went south. It bothers me to no end. They've had the opportunity to say we knew. We've not gotten a straightforward answer."
Colonel Rawlings also said, and FBI records confirm, the tank and tear gas assault began about 6 am on April 19, 1993 and the Davidians began talking about spreading fuel within five minutes. Because the area was bugged, according to Rawlings, Davidians who took shelter there could be heard crying, talking and praying. Rawlings said the other Davidians could also be heard talking about spreading and pouring fuel and keeping federal agents out of the building. Thattalk produced little visible reaction from the FBI command post.
In the story Rawlings said he believes the FBI had access to the best technology during the Davidian siege, including equipment from the CIA and military special operations. "They had enough electronic gear in there, they could have relayed it to Hawaii and you still could have heard what was going on in that compound. The FBI is going to deny that they have all this recorded. They are not going to want to compromise any of the technology they have used to gather and eavesdrop. But it was clear. Saying they couldn't hear is a crock."
A senior FBI spokesman in Washington declined comment on Rawlings remarks citing an ongoing investigation by independent counsel John Danforth.
from TPD 1999-Oct-9, from The Dallas Morning News, by Lee Hancock and David Jackson:
Siege tactics weighed by FBI detailed
Davidian files reveal plan to drug waterWASHINGTON - Thousands of recently disclosed internal FBI documents show that some bureau officials proposed drugging Branch Davidians' water supplies and faxed a formal assault plan directly to the White House in the first weeks of the 1993 siege.
The documents reveal intricacies of the FBI's 51-day operation never previously made public in the six years since the nation's most deadly law enforcement tragedy.
Among the thousand of pages of internal FBI tactical documents are notations indicating that tanks used by the hostage rescue team near Waco carried such military ordnance as high-explosive grenades, illumination rounds and pyrotechnic tear gas cannisters.
The=20notes also indicate FBI tactical experts in Waco asked for permission to shoot any unarmed Branch Davidians who left the compound and approached their armored vehicles. That proposal was rejected by FBI officials in Washington, who ultimately imposed rules authorizing deadly force only if the Branch Davidians fired 50-caliber rifles capable of piercing the armor of tanks.
House and Senate investigators are poring over the documents, some of which were not disclosed despite previous exhaustive congressional requests for detailed information about the government's handling of the siege near Waco.
They were discovered last month at the headquarters of the FBI's hostage rescue team in Quantico, Va., stacked in four boxes. They included infrared videotapes shot during the early hours of the FBI's April 19, 1993, tank-and-tear-gas assault on the Davidian compound. FBI officials had previously sworn in court that such tapes did not exist.
FBI officials said that the boxes - containing notes, sketches, cartoons, personnel rosters, interview reports and other information - were overlooked when bureau officials responded to previous inquiries or were not specifically sought by congressional investigators.
They came to light last month after a former senior FBI official acknowledged for the first time that the hostage rescue team had fired military tear gas on April 19. That reversed six years of government denials that anything capable of sparking fires had been used in the final assault.
Attorney General Janet Reno has said she expressly banned the use of any pyrotechnic devices in the tear-gas operation.
The compound caught fire that day, six hours after FBI tanks began inserting tear gas and dismantling the wooden building in an attempt to force the sect's surrender. Leader David Koresh and more than 80 followers died. Arson investigators later ruled that the fires were set by compound occupants.
FBI officials maintain that they fired only two military tear gas rounds, aiming them at an area next to the main compound hours before the fire erupted.
The FBI documents kept secret for years at Quantico indicate that agents had at least 60 of the military gas rounds, known as M-651 canisters, near Waco.
FBI spokesman John Collingwood said those devices and the high-explosive rounds deployed in FBI tanks during the siege are standard equipment for all of the bureau's SWAT teams as well as the hostage rescue team.
Military records indicate that the FBI obtained 250 of the high- explosive rounds from nearby Fort Hood.
"This is part of their normal ammo load," Mr. Collingwood said. "What I'm confident of is that none were used at any time during the entire standoff."
Consulting military
The documents also suggest that the FBI was consulting U.S. military experts regularly during the standoff.
One undated document stated an Army general with an extensive special-operations background had been given special permission to go to Waco despite questions about the military's authority to send him.
U.S. military special-operations lawyers had previously ordered Special Forces soldiers not to go to Waco even to watch the botched Feb. 28, 1993, raid that began the standoff. Four agents from the federal Bureau of Alcohol, Tobacco and Firearms died in a gunfight that broke out as they tried to search the compound and arrest Mr. Koresh on weapons charges.
Federal law prohibits any military involvement in domestic operations against U.S. citizens without authorization from the highest levels of government.
"No auth. for Gen. Shoomaker [sic] to go. Has been approved, but approved by SEC DEF," the note on stationery from an FBI commander in Waco. "SEC DEF" is an abbreviation for the secretary of defense, then Les Aspin.
The general, Peter J. Schoomaker, had once headed the Army's secret, anti-terrorist Delta Force unit and now is at U.S. Special Forces Command at Macdill Air Force Base in Florida. He was one of two senior military special operations officers who visited Waco during the standoff and then attended FBI briefings with the attorney general before she approved the final tear gas plan.
Another undated, handwritten note mentions that Delta Force commandos and intelligence experts should be "invited" to Waco, stating "Delta commo/intel guys - helpful in observation role."
A March 8 note states that a formal assault or "ops plan" had been faxed directly to the White House by FBI tactical officials.
An FBI official in Washington said that was done at the direction of Assistant Attorney General Webster Hubbell.
During 1995 congressional hearings, Mr. Hubbell said he often consulted with the White House counsel's office about the standoff. He said that the White House was not involved in decision-making during the FBI operation.
The compound fire ended a 51-day siege in which the FBI's tactical commanders steadily racheted up pressure on the sect. In the final weeks, agents disrupted the sect's nights with loud noises and lights, constantly circled their building with armored vehicles and fired flash-bang explosive devices at anyone who ventured outside to drive them back in their compound.
Chemical-use proposed
The documents - many marked "secret" and "confidential" - indicate that FBI agents considered and rejected a number of even more intensive tactics.
One undated, handwritten document indicates that agents briefly considered introducing a foul-smelling, nausea-inducing chemical known as ethyl mercaptan or ethane thiol in the compound's water supply.
Vapors from the chemical irritate eyes and skin and can induce headaches, and they would spread each time someone turned on water taps, according to a report from the Texas Poison Control Center.
Center officials said the chemical has caused death in rare cases. It is sometimes used by law enforcement to incapacitate subjects.
The FBI documents indicated that its use was rejected against the Branch Davidians because of the sect's children. "Young and smaller=3Dworse/more serious," noted one document bearing the name of an ATF agent.
At one point during the siege, FBI agents suspected that some reporters at the scene might be monitoring law enforcement cellular phone conversations, according to the documents. Justice Department officials proposed infiltrating reporters' ranks with undercover officers to check that report. The records include no indication that the plan was carried out.
Records show the bureau's tactics at the siege drew complaints from compound neighbors. One FBI log notes that a farmer near the compound wanted the FBI to stop blasting sounds of screaming and dying rabbits because it was disturbing his pregnant cattle.
Even after the standoff ended in mass death, the newly disclosed FBI documents indicate, FBI agents who led the bureau's efforts in Waco and Washington proposed rewarding members of the hostage rescue team with FBI medals.
One memo noted "there may be reluctance to award such a high number of shields of bravery, but the discipline and courage which was exhibited by the HRT for the seven-week siege . . . cannot be overstated."
The FBI Waco commanders also proposed cash awards for the hostage rescue team, its intelligence analysts and its clerical staff.
The proposed awards were ultimately rejected as inappropriate, an FBI spokesman said.
from TPDL 1999-Sep-22, from NewsMax, by Carl Limbacher et al.:
Media Played Dumb on Official Waco Dissent Three Years Ago
As Congress and the press take a second look at Waco, mainstream journalists and administration spokesmen (if that's not redundant) regularly remind us that all previous investigations are in basic agreement on one key point: the Branch Davidians were at fault.
The Davidians shot first in the initial Feb. 28, 1993 BATF assault on Mt. Carmel and they started the fire that consumed their compound 51-days later, according to every investigation with legal jurisdiction to examine the matter. At least that's what the press is telling us now.
But the notion that there hasn't been any official disagreement by Waco probers over the last six years has one serious flaw. It's not true.
In fact, in a four page dissenting opinion to the House's August 2, 1996 report on the "Investigation into the Activities of Federal Law Enforcement Agencies Toward the Branch Davidians," many of the same nagging questions that have driven a month's worth of recent headlines on Waco were presented quite starkly.
The extraordinairly prescient report, submitted under the name of the late Rep. Steven Schiff (R-NM) and actually authored by Rep. Bob Barr (R-GA), critiques the findings of the majority of a joint House committee that probed Waco in 1995, asserting that the official conclusions failed to address "several extremely important matters that came to light during the hearings and which deserve far more scrutiny than accorded heretofore."
Here are a few excerpts, which the establishment press didn't see as particularly newsworthy when Barr's report was released at the time.
MILITARIZATION OF LAW ENFORCEMENT
"Unfortunately, we saw in the Waco tragedy the blurring of the lines between domestic law enforcement and military operations: an operation carried out pursuant to a strategy designed to demolish an 'enemy,' utilizing tactics designed to cut off avenues of escape, drive an enemy out, and run roughshod over the 'niceties' of caring for the rights of those involved. The protestations of the Attorney General to the contrary, that she authorized the injection of debilitating CS gas into closed interior quarters with no ventillation where dozens of women and children were concentrated out of concern for the children, do not match the Government's actions....."
POSSE COMITATUS AND MILITARY INVOLVMENT
"I seriously question the role of military officers being involved in strategy sessions, as on sight 'observers' and the presence of foriegn military personnel, and the use of military equipment such as armored vehicles. Contrary to the conclusion of the (majority) report, I am not convinced that the separation between military operations and domestic law enforcement, codified in the U.S. Code's 'Posse Comitatus' provisions, was not violated in the Waco operation."
FLIR TAPES AND WHAT THEY SHOW
"The Government used the (Forward Looking Infrared Radar) [drop the "Radar" -Ed.] tapes to buttress their arguments that no shots were fired on April 19 from the outside of the compound into the compound, and that the fire that destroyed the compound was not started from the outside or by the Government vehicles....On further examination of the FLIR tapes, after the hearings and in discussions with private parties who have reviewed the tapes, I believe sufficient questions have been raised to warrant further study of these two issues: were there shots fired from outside the compound into the compound on April 19th, and were the fires started -- intentionally or unintentionally -- by the armored military vehicles or personnel therein."
THE FIRE
"While the (majority) report concludes that the evidence clearly establishes that the fire that eventually consumed the Branch Davidian structure was started inside by the Davidians, I think that the most that can be said is that the fire may have been started inside, and even if it did, the evidence that it was deliberately set is inconclusive.....At least some of the fires may have been caused as a result of the demolishing efforts of the armored military vehicles."
BREACH OF ETHICS AND POSSIBLE OBSTRUCTION
"Government documents clearly show deliberate efforts by Government attorneys to stop the collection of evidence and possibly cover-up evidence the Government did not want to be available later on....I consider it extremely serious, especially when considered with evidence that two of the ATF agents (were) first disciplined and fired and then later reinstated and (had their) records sealed.....Documents explicitly showed that -- 'DOJ (Department of Justice) does not want Treasury to conduct any interviews...(that might) generate....material or oral statements which could be used for impeachment' -- of Government witnesses....In handwritten notes, taken at some point during the seige, Government attorney Ray Jahn directs that interviews are to stop because exculpatory statements may be generated."
COMMITTEE RULES AND RESTRICTIONS
"Important evidence was not available (to the committee) because of tactics by the Government and minority members of the subcommittees to keep evidence out of our hands; such as the weapons taken by the Government from the burned Davidian compound. We were never able to test the weapons to determine whether they were in fact unlawful weapons as the Government charged (which provided a primary justification for the Government's initial action against (David) Koresh and the Branch Davidians)."
There it was in black and white, an official report issued by Congress three years ago with all the "dark questions" about Waco laid bare for the world to see. Yet the the establishment press didn't breathe a word.
If the Waco cover-up survives intact after this latest round of Congressional scrutiny, it will be because the mainstream press has a vested interest in keeping their own laziness and bias on Waco under wraps.
from the Associated Press, 2000-Jul-25, by Lawrence L. Knutson , AP Writer:
Clinton: 'Terrible Mistake' on Waco
WASHINGTON (AP) - President Clinton told investigators in April he made ``a terrible mistake'' in yielding to Justice Department pleas to storm the Branch Davidian compound at Waco, Texas seven years ago and feels personally responsible for the tragedy.
``I gave into the people at the Justice Department who were pleading to go in early, and I felt personally responsible for what happened and I still do,'' the president said. ``I made a terrible mistake.''
Clinton's comments are contained in a transcript of his interview by federal investigators probing campaign fund-raising controversies. It was made public this week.
In the interview, Clinton explained that his memory of a visit to the White House on April 13, 1993 by Indonesian political supporter James Riady is blurred and incomplete because the events at Waco were unfolding at exactly the same time.
``Once this Waco thing happened I was totally preoccupied with it, because I felt responsible for it,'' the president said.
The siege at Waco began Feb. 28, 1993, when agents of the Bureau of Alcohol, Tobacco and Firearms tried to arrest Branch Davidian leader David Koresh. A gunfight broke out, leaving four ATF agents and six Davidians dead, and the standoff began.
It ended 51 days later on April 19, 1993, when tanks driven by FBI agents pumped tear gas into the compound. A fire broke out and 80 Davidians, including Koresh, died, some from the fire, some from gunshots.
Clinton asserted that in a similar situation when he was governor of Arkansas ``we quarantined the area and got everybody else out safely.''
``And that's what I thought we should have done'' in Waco, he said. However, he did not say whether he pressed his view that the Davidian compound should have remained quarantined.
Attorney General Janet Reno, only a few weeks on the job, took full responsibility on April 19, 1993: ``I made the decisions. I'm accountable. The buck stops with me.''
``Obviously, if I had thought that the chances were great for mass suicide, I would never have approved the plan,'' she added.
Clinton said at the time that he had advance notice of the operation and had approved it but that ``the tactical decisions'' had been made by Reno and the FBI.
He firmly backed the actions of federal agents in Waco, saying the FBI ``made every reasonable effort to bring the perilous situation to an end without bloodshed and further loss of life.''
Just this week, after a 10-month independent investigation, Special Counsel John Danforth concluded that the blame for the fire and deaths that April 19 rests solely with cult leader Koresh.
``There are no doubts in my mind; this is not a close call,'' said Danforth, a former Republican senator from Missouri.
On July 14, a five-member jury in a civil trial in Waco decided the government was not responsible for the deaths at Waco. The ruling came in a $675 million wrongful-death suit brought by surviving cult members and the victims' families.
from NewsMax.com, 2000-Jul-22:
Klayman: Waco Whitewash
Washington - As Judicial Watch predicted when former Senator John Danforth, a Republican, was first appointed special counsel by Attorney General Janet Reno to investigate the Waco scandal, this venerable establishment figure has failed and thus thwarted justice for the American people.
How can anyone conceivably justify the excessive force used by federal government agents in triggering the deaths of over 80 people, many of whom were women and children?
John Danforth, unfortunately, was plucked from a mega-law firm with huge corporate interests intertwined with the Clinton-Gore administration through government contracts and other perks.
As an establishment figure, Danforth was ill-equipped to investigate a scandal that rocks the very foundation of the U.S. Department of Justice and our government as a whole.
The unfortunate thing is that the lack of justice for the more than 80 dead Davidians will now increase the divide between large segments of Americans and their government.
"Indeed, the American people now, to some extent, can understand how certain minorities in this country, such as poor African-Americans, have come to believe that our system of justice does not represent the `little people,' " stated Judicial Watch Chairman and General Counsel Larry Klayman.
Judicial Watch will continue its lawsuit aimed to uncover the true facts and obtain justice for the victims of the Waco massacre.
from TPDL 2000-Jul-24, from The Dallas Morning News 2000-Jul-23, by Lee Hancock:
Waco report says earlier Justice inquiry incorrect, incomplete
Special counsel's inquiry alleges 'substantial resistance' in Branch DavidianST. LOUIS The Waco special counsel's report emphatically clears Attorney General Janet Reno of wrongdoing in the Branch Davidian siege and its aftermath, but it doesn't extend that finding to her Department of Justice.
The preliminary report released Friday by special counsel John Danforth reserved some of its strongest criticism for the Justice Department's actions in seven years of inquiries that have followed the 1993 Waco tragedy.
Although it found no evidence of a massive or deliberate cover up, the report details repeated instances of nondisclosure and resistance to thorough examination of government actions in Waco - a pattern that began with the agency's own 1993 post-siege review and continued in Mr. Danforth's ongoing investigation.
Justice Department officials initially tried to impose "a certain degree of control" over the Danforth probe, the preliminary report states. There was then "substantial resistance," within the agency to Mr. Danforth and his investigators' requests for access to internal agency documents, despite Ms. Reno's vigorous, public promise of "total openness and independence" for her Waco special counsel, the report says.
In some cases, it took direct intervention from FBI Director Louis Freeh or the acting attorney general named to oversee the agency's response to the Waco probe to force officials to surrender some of the estimated 2 million documents so far turned over to the special counsel's office, the report states.
The special counsel's preliminary report concludes that problems have been resolved, and the Justice Department is complying with requests for access to about 300,000 remaining Waco documents. But some congressional sources say they fear that cooperation has not extended to Capitol Hill.
A Senate subcommittee headed by Sen. Arlen Specter, R.-Pa, has asked Mr. Danforth for a formal briefing on his preliminary report.
One official on Capitol Hill said, "We'd like to hear directly from Senator Danforth as to whether he's met the same fate as the Senate, and as well as the House committee investigating this matter. We'd like his thoughts on why the Department of Justice in July 2000 has yet to turn over thousands of documents on Waco."
"We know that the Department of Justice has had some relevant FBI documents, including significant documents, for months. Yet they have sat on them despite congressional subpoenas and repeated requests from the office of special counsel," said the official. "This does not bode well for Janet Reno's Department of Justice, and it deserves a lot more critical look than it has received to date."
Mr. Danforth said Friday that the "lack of openness" is partly rooted in the country's current inquisitorial and often highly partisan mindset. "If something happens, you need to investigate it," he said. "And people who are under investigation get scared. =85 They hunker down."
But he said he found odd the agency's aversion to disclosure of information, especially when his 10-month examination - like past congressional and agency inquiries - conclusively cleared the government of any blame for the standoff's tragic end.
About 80 Davidians died when a fire leveled their compound on April 19, 1993, some six hours after the FBI began trying to force them out with tanks and tear gas. The Danforth report released Friday said all blame for the deaths lays with leader David Koresh and his followers. It also found no basis for charges that government agents might have set or spread the compound blaze or machine-gunned the burning building.
"The only antidote to =85 public distrust is government openness and candor," the former Missouri senator wrote in the preface to his interim report. "Instead, and tragically, just the opposite occurred after Waco. Although the government did nothing evil on April 19, 1993, its failure to fully and openly disclose to the American public all that it did has fueled speculation that it actually committed bad acts that day. Even in their dealings with this investigation. Some government officials have struggled to keep a close hold on information."
Justice Department officials in Washington could not be reached Saturday. They have maintained that they are cooperating fully with all ongoing Waco inquiries.
A Texas federal prosecutor assigned to coordinate collection of government records on the incident for the federal court in Waco said Saturday that there was initial wrangling between Justice officials and Mr. Danforth's office over the breadth of access to internal agency computers and records considered attorney-client privileged.
But the prosecutor, U.S. Attorney Mike Bradford of Beaumont, said those disputes centered on valid concerns about setting precedents for future outside inquiries and fears of inadvertent disclosure of case information unrelated to Waco that is strictly protected by federal law.
Mr. Bradford, whose cooperation with the Danforth probe was praised in the special counsel's report, said he was not directly involved in most discussions between Justice and the special counsel.
But he said he helped resolve some problems after being asked to oversee the turnover of documents to the court and then asked in January to lead the government trial team that successfully defended a recent Branch Davidian wrongful death lawsuit.
"I don't think any of it was in bad faith. =85 Sometimes, I think they were being overly cautious," he said. "And frankly, it's like any large organization. It's like any bureaucracy. Things move slowly. Things have to be done by committee.
"I think in general, we did not do as good a job as we should have from the beginning of paying attention to the public perception of things."
Mr. Danforth's criticism of Justice and FBI officials centered largely on the long failure to disclose the use of three military pyrotechnic tear gas grenades on April 19. A senior FBI official acknowledged the use of the devices for the first time last August.
Ms. Reno had expressly banned the use of anything that might spark fires in the April 19 tear gas operation, and the furor over the revelation prompted her appointment of Mr. Danforth to examine the government's actions at the end of the siege.
Mr. Danforth's preliminary report faulted a 1993 Justice Review of the incident for not identifying and disclosing the use of the devices. It concluded that the department's failure was grounded in the "assumption that the FBI had done nothing wrong." As a result of that "clearly negligent" assumption, the report stated, the review that the Justice Department presented to the public in September 1993 as a x complete assessment of FBI actions was neither thorough nor complete.
But when two House subcommittees opened a lengthy inquiry into the Davidian siege, Ms. Reno's special assistant Richard Scruggs and his chief assistant from the 1993 Justice Review were asked to lead the Justice Department's preparations for the congressional hearings.
The department's prevailing attitude was that the 1995 hearings would be aimed at partisan bashing of Ms. Reno, the report states.
Internal Justice documents generated for the hearings and FBI and Justice Department briefings of congressional investigators erroneously insisted that nothing pyrotechnic was used on April 19, the report states.
The special counsel is still investigating whether the misstatements in the documents were product of intentional wrongdoing.
After the Waco controversy resurfaced and Mr. Danforth was brought in to investigate, some Justice officials improperly tried to assert control over the inquiry, the report states.
Some officials tried to deny access to any records on Waco generated after Mr. Danforth's September appointment, and they "resisted" efforts to obtain access to departmental e-mail.
Justice officials also claimed that some information was protected by attorney-client privilege.
"The office of special counsel encountered substantial resistance from some federal agencies to the production of some of these records," the report states.
In some cases, the report states, the resistance continued even after Justice acknowledged that "it had no right to withhold privileged communications from the office of special counsel (because the office is technically part of the Department of Justice)."
Mr. Danforth's investigators also learned from some witnesses that records had not been divulged even after "repeated assurances from the Department of Justice" that they had been turned over. There were repeated instances in which witnesses arrived for interviews with notes, videos and diaries that the Justice Department had never told them to turn over to the Danforth inquiry, the report states.
At one point, the special counsel's office had to ask FBI Director Louis Freeh to intervene after it learned of possible "similar omissions in the FBI's production of documents." In response, the report stated, Mr. Freeh dispatched 11 agents and three attorneys to search offices of FBI lawyers, and they "obtained important records in the process," the report states.
By last week, the special counsel's office was "satisfied" that it had all Justice documents except for some departmental e-mails, which the department has promised to produce, the report stated.
Justice officials also tried unsuccessfully to demand the right to be consulted in actions that might impact the Davidian wrongful-death lawsuit. That demand came after Mr. Danforth's office endorsed a call by a lawyer in the wrongful death lawsuit for a field test to resolve whether government gunfire caused flashes on an FBI infrared video recorded just before the April 19 fire, the report says.
Government lawyers initially fought the proposal but ultimately acquiesced after intense negotiations. After the March test, a British infrared expert who supervised it for the special counsel and the Waco federal court reported in May that the flashes came not from gunfire but from sunlight glints.
Plaintiffs' lawyers in the wrongful death lawsuit have challenged that finding, which has yet to be ruled on by U.S. District Judge Walter S. Smith Jr. But government lawyers have said they are confident that Judge Smith will reject the gunfire theory, just as an advisory jury recently rejected all other claims of government wrongdoing.
After Mr. Danforth's appointment, the preliminary report states, Justice officials also tried to convince Mr. Danforth to ask Judge Smith to delay the wrongful death trial. The judge had already rejected repeated government bids to delay the trial until at least late this year, but some Justice officials argued that Mr. Danforth should seek a delay until his inquiry was completed.
The report states Mr. Danforth rejected that, adding, that he "did not want to delay or deprive the Davidians of their day in court and [considered] the legal precedent for such a stay =85 weak since the investigation was not initially criminal in nature."
The wrangling with Justice officials - particularly fights over access to evidence - ultimately were all resolved, the report states. But it adds that the efforts were often "contentious" and took "an unnecessarily large amount of time and resources."
"The office of special counsel did not allow these problems to affect the integrity of its investigation, and ultimately obtained all the information that it requested," the report states. "However, the office of special counsel strongly recommends that the Department of Justice draft more specific guidelines outlining the relationship between a special counsel and the Department of Justice in situations where the Department =85 is the subject of an investigation."
Addressing such problems fully with not only the current special counsel's probe but with all legitimate oversight inquiries could prevent a repeat of the seven-year controversy arising from the Waco tragedy, the Capitol Hill official said.
"No one short of the 40 conspiracy nuts on the Internet who are still obsessing about Waco take issue with Danforth's findings of no serious wrongdoing by the government. But the embers weren't even cool in Waco before the Justice Department began stonewalling and blocking legitimate congressional oversight, legitimate discovery requests from both civil and criminal lawyers, and even a legitimate review by their own agency," the official said.
"The American public would not be at the point of learning about these things only seven years after the fact if the Department of Justice had been open from day one," the official said. "Millions of dollars have been spent to answer questions that should have been readily and fully answered immediately after the fire."
ONGOING ISSUES
The siege
After a 10-month independent inquiry, former Missouri Sen. John Danforth issued a 152-page report Friday clearing the government of wrongdoing during the Branch Davidian siege. He found that:
Federal agents did not start the fire at the Branch Davidian compound near Waco on April 19, 1993.
Federal agents did not shoot at Branch Davidians as the compound burned, killing about 80 people inside.
Pyrotechnic tear-gas devices fired on the last day could not have set off the compound fire because they were used four hours before the blaze in an area 75 feet from the compound.
Government officials in Washington, D.C., and Waco did not act wrongfully during the siege.
The investigations
Mr. Danforth said the government did not engage in a "massive conspiracy and cover-up" in the years after the siege, but he did find irregularities that he has said to date do not merit criminal prosecutions. Among those findings:
He found no wrongdoing by Attorney General Janet Reno or former FBI Director William Sessions.
On-scene Hostage Rescue Team commander Richard Rogers who authorized the use of the pyrotechnic tear-gas devices failed to inform superiors about their use, even when sitting directly behind Ms. Reno as she testified to Congress in 1993 that they were not used. His failures to say the grenades were used "contributed to a public perception of a cover-up," the report said.
Some other members of the hostage rescue team had openly admitted using the pyrotechnic grenades at various times since 1993.
Investigators led by Richard Scruggs in the 1993 Justice Department review of the siege were negligent and failed to conduct a thorough investigation because they proceeded "with the assumption that the FBI had done nothing wrong."
FBI attorney Lynn Brown made "inconsistent, self-serving, misleading and false" statements about the use of the pyrotechnic grenades. The report says she knew about the use of pyrotechnic tear-gas grenades as far back as 1996.
Still being studied
Mr. Danforth said his report later this year will seek to answer these questions:
Did Justice Department attorneys "intentionally" conceal the use of pyrotechnic tear-gas rounds when they failed to inform defense attorneys about them during the 1994 criminal trial in which eight Branch Davidians were convicted on weapons and other charges relating to the siege?
Did the FBI or Justice Department intentionally make "misstatements" in internal documents generated in connection with the 1995 congressional hearings that detail use of gas grenades in Waco and that say none of the gas was pyrotechnic?
What happened to the pyrotechnic tear-gas grenade shells?
Why did the FBI not reveal until 1999 the existence of infrared tapes from the last day of the siege that contain audio tracks showing Mr. Rogers authorizing use of the pyrotechnic tear-gas rounds?
U.S. District Judge Walter S. Smith will make final rulings within a few weeks in the lawsuit by surviving Branch Davidians and their relatives. An advisory jury on July 14 found federal agents not guilty of using excess force at the beginning of the siege and not guilty of starting the fire at the end of the siege or being negligent for not having firefighting equipment nearby. The judge will also rule on whether FBI agents shot into the burning compound, thereby preventing sect members from escaping.
Mr. Danforth is expected to be asked to appear as soon as next week before a Senate Judiciary subcommittee to discuss his findings and how he conducted his investigation.
The House Government Reform Committee, which also has been examining issues arising from the siege, has yet to determine whether it will hold hearings.
from TPDL 2000-Jul-22, from The Dallas Morning News, by Lee Hancock:
Report clears U.S. in Davidian siege
Sect alone is to blame, counsel findsST. LOUIS - Exonerating the government of "bad acts" in the Branch Davidian siege, Waco special counsel John Danforth said Friday that his 10-month inquiry had found that David Koresh and his followers were solely responsible for the 1993 tragedy.
Releasing a lengthy preliminary report of his 10-month investigation, the former Missouri senator said he found with "100 percent certainty" that the government did not fire guns at the end of the 1993 siege or cause the fire that gutted the Branch Davidian compound with about 80 sect members inside.
Mr. Danforth said there was no evidence of a "massive conspiracy and cover-up" after the siege and there was no support to allegations that the military played an active role in the incident, which would have violated federal law. He added that the report "fully exonerated" Attorney General Janet Reno of any wrongdoing or effort to mislead Congress or the public about the case.
"This is not a close call. These dark questions are answered with total certainty," he told reporters at a noon-hour news conference. at a downtown St. Louis hotel."I hope that it lays these questions, the darkest questions relating to Waco, to rest."
The 152-page special counsel's report was released one week after an advisory jury in Waco cleared the government of any negligence in its handling of the siege. A federal judge must still issue a final ruling in the wrongful-death lawsuit. But during a four-week trial, the five-member jury found no evidence that federal agents fired indiscriminately in the gunbattle that began the siege or contributed to the fire and massive loss of life that ended it.
Four agents from the federal Bureau of Alcohol, Tobacco and Firearms died in the gunfight on Feb. 28, 1993, that broke out as they tried to search the Branch Davidian compound and arrest Mr. Koresh for weapons violations. Six Branch Davidians also died that day.
Mr. Danforth said he began thinking six months ago about issuing a preliminary report but decided to wait, to avoid influencing the Waco civil wrongful-death trial.
"We didn't want to create any sort of pressure on the jury," he said.
He said he was not surprised by the jury's decision and found it "very telling" that a verdict was reached after only a few hours.
Not about judgment
Although he said his inquiry focused only on "bad acts and not bad judgments," the report released Friday made a point of trying to discount criticisms of the government's conduct during the incident. That criticism, rooted in dozens of internal documents, formed the core of the arguments in the lawsuit made by lawyers of sect members who survived the fire and the relatives of those who died.
The report found that government officials made "good faith" efforts to negotiate a peaceful ending. It accepted statements from FBI commanders who said they did not order the dismantling of the building in violation of a Washington-approved tear-gas plan. It also dismissed criticism of the commanders' decision not to bring in firetrucks when the building began burning, noting the Branch Davidians' firepower and demonstrated willingness to shoot at government forces.
The report concluded that any government wrongdoing in the incident or its aftermath was limited to the failure of a few individuals to disclose what they knew about the FBI's use of pyrotechnic tear gas on the day the compound burned.
"The use of pyrotechnics was not significant," he said. "It didn't have anything to do with the tragedy. But the fact is, if the government does not come clean with little things, it is not going to be believed on the big things."
Although he would not rule out possible criminal inquiries until his investigation has been completed, Mr. Danforth said, "There will be no prosecutions unless there is some additional information that comes to light." Mr. Danforth said his investigation involved interviews of almost 900 witnesses, the study of more than 2 million government documents and exhaustive forensic examinations of physical evidence collected after the siege.
In a remarkable departure from recent independent counsel investigations, the inquiry was conducted without a single leak. Mr. Danforth said staffers had to sign statements pledging objectivity and nondisclosure, and the secrecy pledge was viewed as a cornerstone of their effort.
In addition to government officials, agents and employees, investigators interviewed government critics and even a filmmaker who produced two documentaries critical of the government's role in the 1993 siege. "We spoke to everybody we could think of," he said.
Mr. Danforth said he found "quickly frustrating" the seemingly endless conspiracy theories that had to be examined and disproved during the inquiry.
"There's an old cliché: 'It's impossible to prove a negative.' We had the burden of proving the facts. It really is difficult once you've decided nothing happened to absolutely pin it down," he said. "I do think to spend almost a year so far - 10 months plus, and all of this money - addressing charges that are so flimsy as these, is frustrating."
Experts enlisted
Two fire investigators were brought in to confirm the finding of government arson investigators that sect members set the April 19 compound fire, and audio experts were also retained to examine FBI bug recordings that captured Branch Davidians talking about spreading fuel and lighting fires just before the blaze.
Explosives experts from Northern Ireland and the United States debunked a pervasive conspiracy theory, outlined in two recent documentaries, that contended an explosive charge was detonated on the roof of the concrete room where most of the Branch Davidians' bodies were found after the fire, the report stated.
Video recording experts also examined infrared videotape recorded from an FBI airplane in the hours leading up to the fire on April 19 and found no evidence to support claims that its audio track might have been erased, the report stated.
Toxicology experts examined tissue samples and concluded that Branch Davidians who died in the fire had not been killed by the tear gas or a chemical propellant used to spray it. Other experts concluded that the propellant, methylene chloride, played no role in the fire.
In what Mr. Danforth termed a high point for the inquiry, his investigators also persuaded convinced the government to participate in a field test to determine whether the FBI infrared video shot on April 19 captured flashes from government gunfire.
Experts hired by lawyers for the sect had concluded that flashes on the video could have only come from government gunfire. The test was ultimately ordered by the federal judge overseeing the Waco civil case and took place at Fort Hood in March.
But a British-based firm that supervised the test for the court and the special counsel's office concluded that the flashes came from sunlight glinting off ground debris. The report said a second, Swedish expert asked to evaluate the recording reached the same conclusion. It concluded that the claim was an unsupportable allegation based entirely upon flawed assumptions.
"The theory that the government deliberately shot or otherwise harmed the Davidians runs contrary to the overwhelming evidence, before, during and after the fire, that the government officials occupied themselves with resolving the standoff in a peaceful manner that would preserve life if at all possible," the report stated.
Mr. Danforth said the remaining "five percent of his investigation" would focus on why the FBI's use of pyrotechnic tear gas on the siege's last day was not disclosed by federal officials until last August. It will also try to resolve why none of the rounds were recovered during a post-fire investigation and why an FBI infrared recording that included radio broadcasts discussing use of the devices was withheld from the public and from federal courts until last fall.
But he said he hoped that the preliminary report outlining most of his conclusions would "allay public concerns" and clear Attorney General Janet Ms. Reno of wrongdoing.
Mr. Danforth was asked by Ms. Reno to investigate government actions at the end of the siege after her department was forced to reverse years of public denials that the FBI had used anything capable of sparking a fire on April 19.
That came after a former top FBI official told The Dallas Morning News that at least several pyrotechnic military tear-gas grenades had been fired by the FBI's hostage rescue team during an April 19, 1993 tear gas the assault on the compound.
The report concluded that Ms. Reno did not know anything about the use of pyrotechnic tear gas either before or after the siege.
"The evidence is overwhelming that, prior to the execution of the gassing plan, she sought and received assurances from the FBI that it would not use pyrotechnic gas rounds," the report states.
It also disputes as "totally baseless" allegations by some government critics and at least one FBI behavioral expert involved in the standoff that senior bureau officials misled Ms. Reno to get her to approve their plan to try to drive out the sect with tear gas.
The report found that members of the hostage rescue team did not try to conceal their use of three pyrotechnic gas grenades in the early hours of the their April 19 tear-gas assault. It says they readily informed investigators involved in a Justice Department review of the incident as well as federal prosecutors handling a criminal case against surviving Branch Davidians.
The report noted that it might have been difficult to understand the terms used by hostage rescue team members to describe the devices. The terms, such as military rounds or "cupcake rounds," did not immediately hint that the devices might be pyrotechnic.
But the special counsel's report criticized FBI hostage rescue team commander Richard Rogers for not disclosing their use to Congress or correcting Ms. Reno when she testified during May 1993 hearings that no pyrotechnic devices were used.
when she was summoned for May 1993 hearings on Waco. The now-retired FBI agent sat behind both Ms. Reno and then-FBI Director William Sessions when each testified that only non-pyrotechnic gas rounds had been used in the final tear gas operation.
The report states that Mr. Rogers "claims he was not paying attention." But it adds that his "failure to correct the misleading implications of the testimony of Attorney General Reno and Director Sessions was a significant omission that contributed to the public perception of a cover up and that permitted a false impression to persist for several years.
The report noted that his omission wasn't a prosecutable offense, adding that any statute of limitations on criminal wrongdoing would have expired in 1988.
Lawyers criticized
A Miami federal prosecutor brought in by Ms. Reno to lead a post-siege Justice Department review in 1993 was also criticized in the report for conducting an incomplete and "clearly negligent inquiry" that should have asked and reported on the use of pyrotechnic devices on April 19. The prosecutor, Richard Scruggs, told The Dallas Morning News in 1998 that his team had carefully examined that issue because of the role of pyrotechnics in fires that ended other high-profile police operations tragedies in Los Angeles and Philadelphia. But the special counsel's report said the Justice review team "went into the [Waco] project with the assumption that the FBI had done nothing wrong. ... Therefore, the Scruggs team did not even ask witnesses about the use of pyrotechnic rounds." The review team failed to pursue the issue even when an FBI pilot told them that he had heard about a military round being fired and that he saw smoke clouds near the compound, the report stated. That failure to report on the use of the pyrotecvhnic devices, "was clearly negligent." Mr. Scruggs could not be reached Friday. The report also faulted the failure of federal prosecutors to fully disclose use of the rounds to defense attorneys in a 1994 criminal trial or 1995 congressional hearings. It said the failure to recover any of the rounds in the post-fire investigation contributed to the appearance of a cover-up. An FBI attorney also was faulted for not disclosing the issue after getting a 1996 memo detailing the use of pyrotechnic gas rounds from FBI agents involved in the siege. The report concluded that the lawyer, Jacqueline Brown, "lied to the office of the special counsel." Ms. Brown could not be reached for comment. But the special counsel's office released a letter from her Washington attorney on Friday disputing the report's conclusions as "unwarranted and unfair."
from TPDL 1999-Aug-26, from The Dallas Morning News, by Lee Hancock:
More questions for FBI
DPS official says Army force present at Waco siegeA congressional committee chairman vowed a "thorough investigation" Wednesday as the FBI began its own inquiry and formally conceded that its agents "may have fired" pyrotechnic devices on the last day of the 1993 Branch Davidian siege.
In Texas, the chairman of the Department of Public Safety said that federal authorities also need to investigate and explain why members of the U.S. Army's secret Delta Force anti-terrorist unit were present the day the compound burned.
"Everyone involved knows they were there. If there is an issue, it was what was their role at the time," said James B. Francis Jr. of Dallas. "Some of the evidence that I have reviewed and been made aware of is very problematical as to the role of Delta Force at the siege."
A Department of Defense document released under the federal Freedom of Information Act confirmed that members of a classified Army Special Forces unit were in the area when the FBI's hostage rescue team used tanks to assault the compound with tear gas.
The document, written by one of two U.S. Army officers who met with Attorney General Janet Reno to help the FBI persuade her to approve their tear gas assault, stated that three Special Forces personnel observed "the assault . . . and were cautioned not to video the operation."
A Justice Department spokesman said late Wednesday that he could not comment on the matter. FBI officials could not be reached for comment.
Mr. Francis said Wednesday evening that Ms. Reno and FBI Director Louis Freeh need to expand their new inquiry on the FBI's use of military pyrotechnic tear gas to address "what the Delta Force did on April 19 and whether their role was advisory or operational."
The Special Forces document, dated May 1993, states that the military personnel sent did not give any technical advice and were warned about the legal restrictions prohibiting U.S. military personnel from engaging in civilian law-enforcement operations.
The four-page document was provided to The Dallas Morning News by a Tucson, Ariz., lawyer who has filed federal lawsuits and lengthy Freedom of Information Act requests to gather information on the siege.
Defense Department officials blacked out the names of the soldiers and their unit before releasing the document because they said that information was a military secret.
Not surprised
Danny O. Coulson, a former FBI official who served as founding commander of the bureau's hostage rescue team, said Wednesday night that he had no independent recollection of the Army Delta operators' presence but would not be surprised if they were there.
"There's a possibility they may have come as observers, and they may have put on FBI raid jackets so they could keep their cover," he said. "There was a Delta team at the Atlanta prison riot. There was a military commando team at the prison riot in Oakdale, La. They were used primarily for breaching operations and as observers and advisers."
He said the deployment of the special operations units in both 1987 prison riots required a formal presidential waiver of the federal Posse Comitatus Act, which prohibits the use of military personnel in domestic incidents.
Mr. Coulson, who was deputy assistant FBI director during the siege and helped supervise operations from Washington, was the FBI's tactical commander at the Atlanta prison riot.
"I would be surprised if they did anything wrong," he said. "They come, frankly, to learn. They come to watch us and learn in case they have to operate in a similar environment or if, for some reason, they have to operate here in the United States."
The FBI's hostage rescue team has regularly trained with Delta Force in the past, Mr. Coulson and other officials have said.
Delayed admission
The bureau's acknowledgment that the FBI used military tear gas capable of sparking fires came after two days of wrangling between FBI and Justice Department officials.
Officials said Justice Department lawyers delayed the statement for several days because of concerns about how such an admission might affect a wrongful-death suit filed against the government by surviving Branch Davidians.
The FBI's statement also came only days after Justice Department officials flatly denied statements made by Mr. Coulson to The News that FBI agents fired two pyrotechnic tear-gas grenades on April 19, 1993, the day that the Branch Davidian compound burned with more than 80 sect members inside.
Mr. Coulson's statement to The News marked the first time a current or former federal law enforcement official publicly acknowledged the use of pyrotechnic devices as FBI agents launched a tear-gas assault the final morning of the siege.
He said the two devices were used with permission of FBI commanders and played no role in the fire that erupted hours later.
Late Wednesday afternoon, FBI headquarters released a statement acknowledging that "the FBI may have used a very limited number of military-type tear-gas canisters on the morning of April 19."
While re-emphasizing the government's long-held assertion that law enforcement had nothing to do with the compound fire, Mr. Freeh and Ms. Reno ordered a full review of how and why the devices were used.
FBI officials said Mr. Freeh had ordered the bureau's inspection division to interview every FBI employee who was at the compound on April 19, and he also called House governmental affairs committee Chairman Dan Burton, R-Ind., to pledge a full report.
Mr. Burton, whose committee co-sponsored lengthy 1995 hearings into the incident, issued a statement Wednesday announcing that his committee investigators had already begun an inquiry.
"I'm deeply concerned by these inconsistencies," Mr. Burton said, referring to the Justice Department's denial that pyrotechnic devices were used. "This new information requires a thorough investigation of whether the Justice Department has misled the American people and the Congress about what happened at Waco."
Briefing from Rangers
Committee investigators received a lengthy briefing in Austin on Tuesday from the Texas Rangers, who began an investigation to try to identify the nature of a number of projectiles collected from the compound ruins.
The Rangers were brought in to investigate when the Branch Davidian incident began in 1993, and they have been custodians of the key physical evidence collected by state and federal investigators.
On Wednesday, officials in Texas acknowledged that Mr. Burton's investigators have asked the Rangers to submit a formal report to Congress.
Mr. Francis said Wednesday night that his agency's "goal is to tender the evidence to the court, and our only wish is for the truth and the facts to be fully aired and let the chips fall where they may."
A House Government Reform Committee member who was among federal law enforcement's harshest critics during the 1995 hearings said Wednesday that the FBI's admission calls into question all of the government's statements about its actions in the siege.
"If federal officials have been lying about these elements of the siege, their testimony on other matters should also be examined," said Rep. Bob Barr, R-Ga. "New evidence indicates the government fired into the compound and that military forces may have been involved in the assault."
The use of pyrotechnics by the FBI and the allegation that U.S. soldiers participated in a violent assault on the compound are major charges in a wrongful-death lawsuit filed against the federal government by surviving Branch Davidians. The lawsuit alleges that the tragedy was the direct result of government wrongdoing and negligence, which the government has denied.
Collecting evidence
Earlier this month, DPS officials became so concerned about what their evidence vaults might hold that they asked federal Judge Walter Smith of Waco to take control of all the evidence in the case to ensure its safekeeping and proper evaluation.
Judge Smith issued an unprecedented order Aug. 8 instructing every agency of the U.S. government to turn over every document, photograph and piece of physical evidence in any way related to the incident.
Officials in Texas said the Rangers' investigation then confirmed that a shell casing in DPS custody had come from an M651 CS pyrotechnic grenade and the device had been fired by the FBI on April 19. Officials said the Rangers' inquiry should be completed within the next few weeks.
On Monday, officials with the Department of Justice responded to Mr. Coulson's statement with a flat denial that the FBI had used any pyrotechnic devices. But a department spokesman withdrew that denial Tuesday, saying the matter was under review.
FBI and Justice Department officials privately acknowledged late Tuesday that they had learned that members of the hostage rescue team had used the devices early on April 19, hours before the compound burned.
In the statement finally released Wednesday evening, FBI officials said that a preliminary inquiry had determined that the devices may have been fired at the roof of an "underground bunker" and away from the Davidian compound.
"Although some questions about the use of military tear gas rounds remain unanswered at this time, all available indications are that those rounds were not directed at the main wooden compound, they did not land near the wooden compound, and they were discharged several hours before the fire started," FBI officials said.
Staff writers Robert Dodge, Richard Whittle and G. Robert Hillman in Washington contributed to this report.
from WorldNetDaily 1999-Feb-25, by David M. Bresnahan:
The military's new cowboys?
Heightened concerns
about Night Stalkers, Delta ForceA secret military organization took part in the raid at Waco, Texas, and has been training in civilian areas using live fire. It often ventures into civilian areas without permission from local authorities, according to a former member.
The Combat Applications Group is the secret organization within the Special Operations Command operating out of several military bases.
"Presidential Decision Directive 25 is the authority given to them to operate and to be not covered by posse comitatus. This is the Delta Force. It's also known as the CAG (Combat Applications Group). That's a cover name for their organization behind the fence at Ft. Bragg, (North Carolina)," explained a former Special Forces member who spoke to WorldNetDaily on condition of anonymity.
PDD 25 has been classified as top secret. All that is available to the public is an executive summary. Details of the document will be detailed in another article in this series.
Members of the elite Delta Force and Night Stalkers are carefully selected and screened from Special Forces and other groups in all branches of the military. The CAG is primarily run by the Rangers, according to a source, who has many years of experience with both the group, and with clandestine operations.
The Night Stalkers are actually the 160th Special Operations Aviation Regiment Airborne. Their job is to transport Delta Force troops to an area for a mission, then retrieve them. They are experts at flying black-painted helicopters just over treetops in the dark of night using special night vision equipment.
Their motto is "Death waits in the dark." They wear emblems that combine Greek mythology and occult symbols.
"And I looked, and behold a pale horse: and his name that sat on him was Death, and Hell followed with him . . . to kill with sword and with hunger, and with death," reads the Night Stalkers creed, taken from Revelation 6:8 in the Bible.
The Night Stalkers have a website filled with occult symbols of death, Greek mythical symbols, and writings mocking the creation story of the Bible, among many references to killing and death. It is no wonder why so many military members have expressed concern over this group.
A source confirmed the Night Stalkers and Delta Force were involved in the raid at Waco. They considered it a great opportunity for training and experience.
Delta Force soldiers are handpicked and are trained killers. They are expert at rescuing hostages, SWAT operations and surprise raids to kill an enemy.
"Yes indeed, these are the same people that were at the back of the (Waco) compound -- not the FBI HRT (Hostage Rescue Team). They were at the back of the compound at Waco and were shooting the people coming out. I did see the FLIRS (special films) at SOCOM (Special Operations Command). The HRT is a clone of them. They work very closely with the HRT," explained a knowledgeable source who requested anonymity.
The equipment used by the FBI HRT is identical to that used by the Delta Force. Whenever an HRT deploys, they use the Night Stalkers to get them in and out.
The Night Stalkers and Delta Force were recently confirmed to be involved in Operation Last Dance, conducting live-fire raids on sites in civilian areas in parts of Texas. Army public affairs officers claim the civilian sites are used because the elite forces get bored using military bases for training.
"In a manner to justify their fairly large budget, they have been performing these exercises. Not that they just get bored. It's political empire type things. Pretty vainly in some respects. In order to justify their budgets, and in order to keep them alive," said one source.
The Night Stalkers left Texas ready to plan similar exercises in some other unsuspecting U.S. neighborhood. They left behind a storm of controversy and frightened residents who have not stopped complaining. Some are even planning legal action.
"They usually pay for all their damage by the way. They have a bag person there, and they usually pay for all their damage with cash. You just make a claim to them and they pay you off right there on the spot," claimed the source.
City officials in Kingsville, Texas, where Operation Last Dance began, confirm that the Army Special Forces Command from Fort Bragg, North Carolina, has paid for the destruction of one building and the heavy damage to another.
Some military sources, too, are concerned with the way the CAG has evolved, and he is very concerned about the way the group has been granted authority to do just about anything with total immunity from the law, including the Posse Comitatus Act.
"They will follow and do whatever the president tells them to do. In that regard, they are somewhat dangerous," said one source of his concerns about PDD 25.
He claims the CAG forces were used by the FBI in the raid at Waco. He said he was repulsed when he personally observed films of the raid, known as FLIRS, in the U.S. SOCOM offices. Others watching were not affected in the same way.
"They (Delta Force) were shooting people who were coming out of the building," the source described. He said they considered Waco an opportunity for training.
"Everything is training for them. You train like you fight and you fight like you train. There's very little distinction between the two," he said.
The Delta Force wore the same black SWAT-style uniform as the FBI HRT agents, with the exception of a small insignia.
"The U.S. SOCOM released them and then they were under the direct control of the Department of Justice," explained the source. "Their orders did not come from U.S. SOCOM."
"I saw those FLIRS right after the action. There was no gasping, or anything like that, which I found to be somewhat repugnant."
"That's why I wanted to make a distinction between them (CAG) and the Special Forces, because the real Special Forces are really not into that activity of going in and rousting up people or hostage rescue. Special Forces still has a special operations mission, of course. They do fall under the posse comitatus act. They do not work here in the United States."
"There's the white side and the black side. Special Forces are generally on the white side and the CAG is on the black side," he explained.
This source is not a fan of Delta Force. He doesn't like the way it operates, the character of the people involved, or their commander-in-chief, President Bill Clinton. He says the Delta Force is made up of programmed soldiers who don't think for themselves.
"Delta Force is particularly screened. That's why they don't have many Special Forces people in there. Typically they are Rangers who are less thoughtful about what they are required to do and will fire when ordered to. Whereas the regular Special Forces guy is trained to think. He knows difference between a lawful order and an unlawful order.
"If they are told to shoot somebody they will shoot them, you know, without question," claims the source.
He says the Delta Force operations taking place around the country will continue because they are trying to create a need for their organization, and thereby justify their existence. He also says the actions at Ruby Ridge and Waco were also a test to see if the American public would tolerate such actions.
"We failed a test with Ruby Ridge and Waco. The American people failed miserably. These were obvious tests, in a manner of speaking. They wanted to see how the American people would react to this thing. Why in the world would you attack somebody like David Koresh? I mean with the forces that they did," he lamented.
Former Night Stalker, Sgt. Jeff Norgrove, a crew chief on one of the controversial black helicopters, confirmed what the source disclosed. He said live-fire exercises have taken place for many years and are on the increase. He also claims exercises often take place over U.S. cities with no permission from any local authorities.
personal email from a concerned reader:
From: "John Rohmfeld" <jrcctx@intcomm.net>
To: <douzzer@ai.mit.edu>
Subject: WGC
Date: Mon, 8 Feb 1999 22:17:28 -0600Thought I would let you know that tonight in Kingsville, Texas, the FEMA along with local law enforcement officials literally took over our town! It started this afternoon when I noticed "black" helicopters fly over the town. Later this evening at about 7:30pm, it appears that the police and military made an "all out attack" upon this small town. I witnessed the police blockading then main streets in town. I saw several "black" helicopters flying at a low attitude over the town. It was a very noisy scene indeed. I was informed a local resident witnessed troops repelling over the town from one of the black helicopters. This went on for almost an hour and a half. I contacted the local police and to my surprise, a police lieutenant answered the phone instead of the usual shift personnel. I was informed the police and military were only performing a joint operation to insure our "safety!" Please help get the word out!
From: "John Rohmfeld" <jrcctx@intcomm.net>
To: "Daniel Pouzzner" <douzzer@kill-9.douz.ai.mit.edu>
Subject: Re: WGC
Date: Mon, 8 Feb 1999 22:45:22 -0600Less than an hour ago I contacted local Channel 3 News in Corpus Christi. Apparently they heard about what had happened, and I was assured there was to be an announcement that it was only an exercise. I watched the news at 10 and nothing at all was mentioned. The guy I spoke to said,"wow that sounds pretty wild." I see the brotherhood has everything in control.
Date: Tue, 9 Feb 1999 00:19:14 -0500 (EST)
From: Daniel Pouzzner <douzzer@kill-9.douz.ai.mit.edu>
To: jrcctx@intcomm.net
Subject: Re: WGCThe exercise is all done now, right?
From: "John Rohmfeld" <jrcctx@intcomm.net>
To: "Daniel Pouzzner" <douzzer@kill-9.douz.ai.mit.edu>
Subject: Re: WGC
Date: Mon, 8 Feb 1999 23:30:21 -0600Yes, it started about 1920 (central) and ended about 2045. I saw all the helicopters turn and leave town. The police all retreated back to the station. I have never seen the police station so full of cars in my life.
from WorldNetDaily, 1999-Mar-4, by David M. Bresnahan:
Government plans for the worst in Y2K
Consultant cites preparations for martial lawPlans have been made for mass evacuations, government takeover of private industries, and the use of martial law, according to a Y2K consultant to the state of Michigan.
All the mechanisms have been put in place for mass evacuations of people to government shelters, government takeover of utilities and private industries, martial law, and a complete transfer of power from local governments to the federal government, according to Franklin Frith.
Frith is a consultant hired by Michigan to conduct workshops for state, city, and county agencies on how to prepare for contingencies related to the year 2000 computer bug, which is expected to cause disruptions. The extent of those disruptions may be anything from minor inconveniences to massive infrastructure failures.
Frith became alarmed when Michigan's many government agencies opened their documents to him. In them he claims he found compelling evidence that a greater problem exists than has been admitted publicly.
Frith conducted a workshop Feb. 11 at which Lt. Tom Mattioli, the emergency management coordinator for the Michigan State Police, gave a presentation.
Participants were given a handout which showed a FEMA/Red Cross checklist for Y2K preparedness which is available to assist the public. One of the items on the list mentions the need to store a three to five days supply of food and water.
Frith asked Mattioli if it was expected that Y2K disruptions would only last a few days.
"The three-to-five-day period for preparations is not the expected down time for essential services, rather it is the expected response time for emergency response personnel to arrive and evacuate people to shelters," Mattioli told the group.
Mattioli confirmed that he made the remarks in a phone interview with WorldNetDaily. He pointed out that the recommendation is a generic one for general disaster preparedness and has been part of the FEMA and Red Cross disaster planning for many years.
Frith is also concerned that most local cities and counties have not done anything in the way of remediation of Y2K computer problems.
"Local governments deliver essential services. Those essential services allow the industrial base and the civilian base to operate," Frith told WorldNetDaily.
"What has really thrown up a red flag for me is that these people are not ready. Many have not even begun the assessment phase. In these meetings, they're saying that there are no resources available to fix this, once they find out what is wrong. There's entire counties out here that haven't done anything," said a very concerned Frith.
He was further alarmed when the President's Council on the Year 2000 issued a report Dec. 3, 1998, which stated that the country was now moving from contingency planning to crisis management. Frith says this is further evidence that the government knows there will be severe problems because far too few computer systems will be repaired before the start of the new year.
Frith contends that the federal government knows local and state governments will not be able to deal with the problems which will occur because of the Y2K crisis. He says plans are under way for martial law and the use of mass shelters.
Some states have already begun plans to use the National Guard as part of their Y2K contingency planning; others have not yet done so.
"The bureau reported to the DoD (Department of Defense) in November (1998) ... some states are 'reluctant to become too dependent on the National Guard for disaster response because they believe that the National Guard might be pre-empted by national priorities,'" the report says, according to an article in the January issue of National Guard Magazine.
WorldNetDaily has completed an extensive series of articles about National Guard plans for Y2K. Plans include an extensive nationwide exercise on May 1 and 2.
The guard will assume that all telecommunications services are out and will use only battery and generator operated radios to communicate. They will simulate a full mobilization of the guard, something that has not been done since World War II.
Frith said the National Guard exercise is not the only evidence of plans to use the military for the Y2K crisis. He pointed out the recent Operation Last Dance training conducted by the Army Special Forces Command in some Texas towns.
Frith says the use of live ammunition and explosives in civilian areas, along with the name of the operation itself are sufficient reason for concern. He believes this "really is the last dance," before use of the military begins as a domestic SWAT team.
"Consequently, as this year progresses, we will become increasingly involved in DoD support to others," said Deputy Defense Secretary John Hamre to a Senate Armed Services subcommittee recently.
Frith points out that Hamre is "the number two guy at the Pentagon, and the Pentagon's number one guy on Y2K."
"We are in the process of refining the list of assets that have utility in military support to civil authorities (MSCA). Because Y2K is a special case of MSCA, in that many concurrent emergencies may occur, special procedures may be required to ensure the most effective use of these resources," Hamre stated in a previous hearing.
Frith says he believes the federal government has plans to take control of many private resources, perhaps with the use of the military to ensure they get what they want. As evidence of this, he points to Executive Order 12919 and a statement by the president's Y2K guru.
"In a crisis and emergency situation, the free market may not be the best way to distribute resources... If there's a point in time where we have to take resources and make a judgement on an emergency basis, we will be prepared to do that," said John Koskinen in a Dec. 3, 1998, report of the President's Council on the Year 2000.
"The statements made by Hamre and Koskinen, along with the existing FEMA Federal Response Plan confirms the intention to invoke Executive Order 12919 and that the possibility of a national emergency being declared with the potential for martial law to follow is probable and should be planned for," warns Frith.
Among other things, EO 12919 delegates power and authority to various federal agency heads to take control of private property.
"(EO) 12919 gives FEMA coordinating power over all federal agencies and everything those agencies have jurisdiction over. They also have coordinating power over all free market resources," explained Frith.
"When you start looking at all these pieces, they are adding up. They are adding up," he stated.
Frith has an agenda to spread distrust of government and create fear, according to one Michigan Y2K emergency planning official.
"There's this tendency for people to think that there's something hidden somewhere in somebody's files, or some secret discussions going on," said Mike Prince, Michigan State Police Emergency Management Division, public affairs officer in a phone interview with WorldNetDaily.
"That's certainly not our feeling. Most of that is hype and most of that is people trying to generate mistrust, and people trying to generate fear, and people trying to profit or benefit from spreading misinformation and that kind of fear," he explained.
Frith pointed out that he does not sell anything. He is paid by Michigan as a consultant. He does not sell Y2K related books, or preparedness supplies.
from the Lowell Sun, 1999-Mar-4, by John Wolfson, Sun Staff:
Navy SEALs invade Lowell in night training session
LOWELL -- Four Navy Black Hawk helicopters thundered just hundreds of feet above the LaLacheur Park parking lot last night, churning up a torrent of dust before crossing the Merrimack River and dropping off about 30 elite Navy SEALs at the entrance to the Lawrence Mills.
The helicopters slipped off into the darkness and a sudden boom echoed through the night.
That explosion was the SEAL team breaching, or forcefully opening, a door into the mills as part of an urban tactical training exercise, according to Maj. Andy Lucas.
Hidden somewhere inside the mills was the team's target. Their goal was to secure the area, remove the target, call the helicopters back in and get out as soon as possible. Lucas didn't know what the SEALs' target was.
SEAL teams conduct two or three such training missions per year, Lucas said. Lowell was chosen this time because of the availability of the mills and because of the many obstacles it poses for the helicopters. "The high wires, towers, the infrastructure that's established in a place like this," Lucas said, his words punctuated by the pop-pop-pop of gunfire inside the mills. Live ammunition was not used during the exercise.
About an hour after dropping off ("inserting") the team, the Black Hawks returned, difficult to see for all their noise because of an almost complete lack of lights. They picked up their passengers and lifted off, noses pointed at the ground.
The SEALs (named for Sea, Air and Land) were formed in the 1962 during the Kennedy administration, when each branch of the armed forces created a counterinsurgency force. SEALs evolved from the Navy's combat swimmer and underwater demolition units.
The SEAL team planned to complete two training runs yesterday, but the afternoon exercise was canceled because of a mechanical problem.
This SEAL team, which has its headquarters in Virginia, spent a couple of days at Fort Devens planning the mission. They will now take their experiences back to Virginia and share them with other SEALs.
"This is like research and development," Lucas said. "You have to see what works and what doesn't."
Urban training has become increasingly important with the end of the Cold War, Lucas explained. America's military challenges are now more likely to come in the form of terrorism and require a tactical rather than a battlefield response, he said.
from WorldNetDaily 1999-Feb-22, by David M. Bresnahan:
Press charges rough treatment
Latest fireworks in Texas Army training exerciseFORT SAM HOUSTON, SAN ANTONIO, Texas -- Two members of the press claim they were harassed, intimidated, abused and arrested trying to cover a military training exercise. The Army denies the charges.
Operation Last Dance, which began Feb. 8 and continued through the weekend, conducted a large mock raid by members of the highly trained elite Night Stalkers and Delta Force out of Fort Bragg, North Carolina.
Criticism of the training event has centered around the use of civilian locations, exposing innocent bystanders to the use of live ammunition and explosives. The military has also been criticized for not providing people in the area of the exercises with advance warning. Many reported being badly frightened by what they thought was a real battle.
The exercise conducted Thursday night took place on the Army base, where the past concerns could be put to rest. The Night Stalkers flew members of the Delta Force to an abandoned hospital on the base, according to public affairs officer Phil Reidinger.
"There was a group of people, unidentified, who got into possession of some classified material without a hand receipt," Reidinger explained to WorldNetDaily of the scenario for the exercise. "So they came to get it. That's what it was (laughing).
"You have to have some kind of scenario. We prepared the building. We took out all the original windows in the building and put mock windows up there so they could rappel off the roof and jump into them like you see in the movies. And we took all the original doors off and put plywood doors up so they could practice getting through obstacles."
Reidinger explained that the entire base was placed on a special alert status, which was still in effect on Friday after the exercise was over, but clean up was under way. That status was what got the reporter and photographer in trouble.
"We're still under a threat condition alpha, anti-terrorist status right now, OK? So, since we are under a recognized, authorized threatcon, then anyone who is taking pictures or doing whatever, then the MPs have cause to question them. And that was their cause for doing that," explained Reidinger.
During the exercise itself, the media were permitted to observe the event from a designated location controlled by Reidinger, or from locations outside the base under the control of the local police. Safety was given as the primary reason for controlling press access.
"For example. These troops were in night vision goggles using night vision devices both in the aircraft and outside. So we had a no light policy," said Reidinger. Unlike previous exercises in Texas towns, the local residents were given warning of what would happen.
"We alerted the people in the neighborhoods around the post. We alerted them that we were going to do the exercise. It was a lawn chair and picnic basket event for them," he said.
Reidinger confirmed that the same soldiers who had been conducting training exercises in at least five different locations around Corpus Christi were the ones who were involved in the Thursday night event. He would not confirm that it was part of Operation Last Dance, but he did not deny it either.
Alex Jones, talk show host from KJFK radio, had gone to the base with his photographer, Mike Hanson to document what had happened. Both men said the base was open to the public. No signs were posted indicating there were any special restrictions, and there were no security guards posted at the entrance.
Both men said there were many civilians in the area taking pictures and looking around. They believe they were unfairly singled out, and treated improperly.
"There's these muscular guys walking around with short haircuts and sunglasses, and there's these guys on the roof who see us. Look like spooks. They point at us. All of a sudden the MPs come pulling up. Jump out. Run up," described Jones.
"They run up and say, 'National security.' We set the camera down. Then they grab the camera. Then they arrest Mike, and put him in the back of the car," he told WorldNetDaily.
"This is Fort Sam Houston. The home of Army medicine. This is not a secure base. It's wide open. There's businesses in there and stuff. It's a medical area. It's for retirees. There's even a museum," he added.
"When they came up I turned the camera on them, like we usually do on these kinds of stories," described Hanson. "They said, 'Turn the camera off. Turn the camera off. This is national security. National security.'
"If it's national security, then why don't they have guards at the entrances," asked Hanson.
"He got real mad and reached down and took the camera out of my hand and started pushing on the eject button. He couldn't get it. He was so embarrassed that he couldn't get it out of the machine that he just threw the camera down and broke the cordless mike off of the top.
"Then he said, ' Arrest him. Arrest him.' That corporal, or whoever he is, threw me on the ground and handcuffed me and started searching me," explained Hanson.
Jones claims Reidinger told him that the problems with the MPs would not have taken place if Reidinger had been there from the beginning. He did not arrive until about 30 minutes after the incident began.
Reidinger confirmed what Jones said, but did not confirm the rough treatment that Jones and Hanson reported. He also denied that either of the men were placed under arrest. He said they were simply detained.
"Right now I'm trying to get -- Alex is cool -- I'm trying to get Mike to calm down," explained Reidinger. "You know. Have a beer and forget about it.
"Mike has a little press card on his belt. So that really exacerbated the situation because the MPs saw that. And I wasn't there," he admitted.
Both Jones and Hanson claim they were singled out, harassed, and intimidated because they were members of the press. They say Reidinger's comments about the press card confirm that.
Hanson claims his camera was thrown to the ground, breaking his wireless microphone. He says he was slammed into the ground, and his face was pushed into the dirt while he was handcuffed. He said he did nothing to provoke the action.
"They had the camera and the tape. I was not threat to them," complained Hanson.
He said he was thrown into the waiting police car and told he was being arrested and would be taken to jail. He said one of the MPs tried to coerce him many times.
"He said this about 10 times," said Hanson. "He kept saying it. He said, 'Don't force me to defend myself, boy.'" Hanson was handcuffed so tightly the circulation to his hands was shut off, leaving him with cuts and welts. He was also strapped into the seat of the car, and the same MP suddenly slammed his fist against his neck, pressing it to the side and back against the seat.
Hanson wondered how he could force someone to defend himself in such a condition.
Reidinger would only say that he was not there and did not know what happened.
Jones claimed that the tape was taken without their permission, and that Reidinger forced $4 cash into his pocket over his objections as compensation for the confiscated tape. Hanson said he believes he was actually kidnapped and abused, not just arrested.
Reidinger claims the men were not arrested, stating instead that they were detained. He insisted that there was no harsh treatment or abuse involved.
By Friday afternoon Reidinger said he had reviewed the tape and would return it to the two men, who would have to travel from Austin to San Antonio to retrieve it.
"Hopefully I'll get my $4 back," Reidinger told WorldNetDaily.
"What's more against our national security," questioned a frustrated Hanson as he discussed the contrast between the encounter he had with MPs and the civilians endangered by live-fire exercises during Operation Last Dance.
"These black helicopters are endangering our cities. I was down there (Kingsville). These people are actually scared. Bombs going off. Machine guns. Fires. I don't understand why they think that we're criminals, but they can turn around and attack a civilian area with no warning using live ammunition.
"I don't understand how they can get away with this," said Hanson.
from the Libertarian Party USA, 1999-Feb-19, by George Getz:
Stop terrifying small-town "invasions,"
Libertarians demand of U.S. militaryWASHINGTON, DC -- How would you like the U.S. military to "invade" your town? That's what happened -- complete with swooping attack helicopters, live weapons fire, flashbang grenades, and buildings burnt to the ground -- without warning in at least five towns in Texas and Louisiana over the past several weeks. The raids have got citizens of those towns panicked and outraged -- and they've got the Libertarian Party demanding that these military "urban warfare training" exercises be halted immediately. "To the U.S. military, these may be routine war games. But to Americans, they're all too real and all too terrifying," said Steve Dasbach, the party's national director. "Our nation's armed forces are supposed to make us more secure -- not turn peaceful towns into war zones." Even worse: More such exercises are planned, including an "invasion" of Oakland, California in March that will feature troops, Humvees, and helicopters. It's all part of what military officials say are harmless combat exercises designed to prepare the armed forces for "urban battle environments in foreign nations." But citizens of Kingsville, Texas -- where at least 700 soldiers from the Army Special Operations Command at Fort Bragg took part in a nighttime mission they called "Operation Last Dance" -- say the exercises are anything but harmless. Last week, at least eight unmarked helicopters swooped into the small Texas town (population: 25,000), dropping off hundreds of soldiers. The town was then rocked by explosions and the sound of rapid gunfire. During the "invasion" of Kingsville, a former Exxon building was damaged by explosions, and a vacant police building was accidentally burnt to the ground. Citizens, who weren't warned about the exercise, flooded the town's 911 line with hundreds of panicked calls. Military officials say civilians weren't notified so the training exercise could be conducted in a "realistic environment." Outraged Kingsville residents say they may file a complaint against the military, and some are threatening legal action. An Army spokesperson said the town will be reimbursed for the damage to the police building. But Dasbach said a reimbursement isn't enough. "First, the military should apologize to the residents of these towns who were so thoughtlessly traumatized," he said. "Second, they should promise to never again engage in such unnecessary and terrifying military assaults on American soil." Although no civilians were killed or wounded in the Kingsville "invasion," innocent blood could have been shed, Dasbach noted. "The raid on Kingsville only destroyed property -- but could have destroyed lives if a helicopter had crashed, or if gunfire had strayed into civilian areas," he said. "The military should protect Americans, not subject them to the risk of being needlessly killed or injured." Unfortunately, Kingsville wasn't a unique occurrence: Other "urban warfare training" exercises have taken place recently in Port Aransas, Corpus Christi, and Fort Houston, Texas, and near Fort Polk, Louisiana. In 1996, a similar training event took place in Pittsburgh, Pennsylvania, generating hundreds of calls to the police department. And military officials say "invasions" have been conducted in Chicago, New York, Jacksonville, Florida, and Charleston, South Carolina. Enough is enough, said Dasbach. "The fact is, these urban warfare training exercises are not necessary for national security," he said. "This country hasn't been invaded since 1812 -- so there is no need to practice defending our cities. And our armed forces should not be acting as policeman to the world -- so there is no need to practice invading foreign cities. "Instead, our military should end these urban warfare training invasions, and turn American cities and towns into demilitarized zones -- permanently. There's no reason why the greatest threat to domestic peace and tranquility should be the U.S. military."
from TPDL 1999-Feb-10, from WorldNetDaily, by David M. Bresnahan:
What happened in Kingsville, Texas, Monday night?
Residents report unmarked helicopters, soldiers dropping from ropesKINGSVILLE, Texas -- Local residents are distraught over a near disaster during a secret Army training exercise.
Local officials claim they were sworn to secrecy. Getting factual information about what happened is next to impossible.
Reports from residents told of low flying, unmarked helicopters and soldiers dropping down from ropes in the center of the town after dark Monday night. WorldNetDaily was told that the police station burned and a commercial building was severely damaged.
The assistant police chief confirmed what no one else would admit.
"The United States Army Special Operations Command was conducting a training exercise in our area," admitted Arthur Rogers when the police chief was unavailable for comment. He refused further details.
That was more than Mayor Phil Esquivel would disclose. He said he was sworn to secrecy for national security reasons. His answers were evasive and without detail.
When Esquivel was asked about damage he denied there was any. When he was told that damage was reported by a witness, he revised his comments.
"If there was any damage done, they were going to repair it, but I haven't gotten an assessment of the properties," the mayor stated. He then admitted there was a fire, but would not comment on the cause or the extent of damage.
Was there damage to a building?
"Possibly," said Esquivel. "An abandoned building that was going to be torn down anyway." It was learned from another witness that the damaged building was a commercial building that is not going to be torn down.
Witnesses reported that black helicopters with no identification markings flew into the city just after dark. They arrived in the center of the city, which had been evacuated by police. The secret training exercise lasted several hours.
When it was over an abandoned police station had been accidentally set on fire and the Exxon building was badly damaged when one or more helicopters landed on the roof. Windows of buildings were also broken.
"I live out in the country and they flew right over us and our house just trembled. That's how low they were going," said Thelma, a resident who would give only her first name.
Esquivel claims he is just being a good citizen by not giving the details. He confirmed that he had granted permission for the exercise, but he refused to say how long ago permission was granted or which branch of the military was involved.
"They asked me to keep it secret," repeated Esquivel several times. "I respect national security. It was very well controlled and no one was hurt.
"It didn't expend city taxpayers dollars. It did not put citizens of Kingsville in jeopardy. The police department warned all surrounding neighbors. We're supporting national security."
Many residents have been complaining extensively. In between life insurance sales appointments, the mayor has been fielding angry phone calls.
"I'm glad that this gets out. This is total B.S. If we don't stop it now it's going to get worse," John Rohmfeld, who lives there, told WorldNetDaily. "Apparently this was a secret operation.
"They meant to come in here and see what the hell they can get away with. I'm not going to let them get away with it," he stated.
The mayor tells all the concerned callers the same thing:
"It was a training exercise that would insure national security if we ever need it. It was asked not to disclose what armed services or what division of the armed services it was in, but it is supporting national security."
There are 25,000 residents of Kingsville, a town near Corpus Christi and home of the Kingsville Naval Station. Residents are used to seeing military people around town, but not repelling down from helicopters.
They want to know what happened in their town. Not knowing causes fear, and refusal to answer questions causes them to lose trust in their leaders.
The local barber shop is usually the center of gossip and discussion of current events. The day after the exercise there were only questions and doubt, which were the result of no official word on what happened.
"I don't like something like that. I don't like what was going on," said barber Joel Gant.
For now, the questions remain. The army public relations officer failed to return calls from WorldNetDaily, and no one in an official position was willing to explain what happened.
from WorldNetDaily 1999-Feb-15, by David M. Bresnahan, from http://www.worldnetdaily.com/bluesky_exnews/19990215_xex_is_army_inva.shtml:
Is the Army invading Texas?
Officials, residents concerned
about rash of exercisesOne Texas police chief has complained of attempts to bribe him into letting the Army Delta Force into his town for training exercises. Other Texas towns have seen recent exercises as part of Operation Last Dance, and complaints from citizens are numerous.
"End runs were done around various community leaders," San Antonio Chief of Police Al Philipus told Austin radio talk show host Alex Jones, on assignment from WorldNetDaily. He was asked to host the exercises last May, but refused.
"Once I said no, they went to various individuals in the community to bring pressure to bear to get me to change my mind," explained Philipus. "For example, there was a community leader who I have a great deal of respect for, and we have a very good relationship. I get a call from him and he says, 'Chief, there's some people in here. They're in town and it's part of their role here, they need to meet with the mayor and the police chief.'
"Of course, this gentleman, who I've worked very closely with on a number of projects, I told him to have them give me a call. Now I'd already said no. Well now I find out they're the same group. So they identified somebody that I know that's very high in the community to make an approach to me and get me to change my mind. Then when we said no, some elected officials were contacted to bring pressure to bear," said Philipus.
"Then offers were made to give money, cash money to elected officials' charities if they could get us to change our minds. As one of my deputy chiefs said, in some circles, that's called bribery."
Operation Last Dance began Feb. 8 with an explosive exercise in Kingsville, Texas, near Corpus Christi. Community leaders have come under heavy criticism from residents who were badly frightened when Night Stalkers fired live rounds and set off explosions very close to innocent civilians.
Army spokesmen have confirmed plans to continue with additional exercises in the Corpus Christi area until Feb. 20. Several reports of military activity throughout the area have been received by WorldNetDaily.
The town of San Augustine had an unconfirmed military exercise within the past few days. Residents report they were frightened by black helicopters at night. Further details were unavailable, and local officials could not be reached last night.
A confirmed exercise took place on Friday in the little town of Port Aransas. The mayor there claims he knew nothing of the exercise until it happened. Port Aransas Mayor Glenn Martin said he did not know what to say to the many angry residents who were calling to complain. Port Aransas is just outside Corpus Christi, and has a population of just over 2,000.
The soldiers involved come from Ft. Bragg Army Special Operations. Military sources told WorldNetDaily the specific group is called the Night Stalkers, an elite group from the Delta Force. They are a secret group trained to get into an area quickly, kill, and get out.
"It happened right at the ferry landing," explained Tomas Sanchez, the emergency management coordinator working for the Federal Emergency Management Agency in Kingsville. He said the ferry is a very busy area that operates 24 hours a day.
The local constable was upset that he had not been notified in advance of the exercise at the Port Aransas ferry. He had been on duty and observed the very brief exercise.
Black helicopters flew in low over the city and hovered over some large fuel tanks in the beach area. The tanks are enclosed in a fenced area. Soldiers dressed in black rappelled down ropes to the tanks, and within a few minutes took off again, and it was all over.
No one seems to know what it was all about.
"I just wonder how the mayor's going to handle this thing. They really caught him with his pants down. The police department was not really involved in this. None of the law enforcement was," explained Sanchez.
Sanchez lives in Kingsville, where the first and most dramatic exercise took place. As a highly decorated Navy veteran, wounded in Vietnam, Sanchez has many concerns about what is going on. He was personally involved in many special operations and top secret missions.
Sanchez is now a lieutenant colonel in the Texas State Guard military police. He is extremely concerned about Operation Last Dance because live rounds have been fired and explosives used in civilian areas.
"They pulled the same stunt in a little county south of us in a little town called Sarita, population 500," Sanchez disclosed. Black helicopters were reported hovering over a private residence with search lights. That incident happened prior to the start of Last Dance.
Another suburb of Corpus Christi was "attacked" by Army Special Forces. Residents in Calallen were badly frightened when Last Dance came to their back yard. This attack took place at an abandoned water plant on the Nueces River along route I-37. Houses and an apartment complex are located within a few hundred yards, according to residents.
More details are needed, but initial reports from witnesses claim the military used the water plant for practice bombing runs. Police had surrounded the area to keep bystanders away, and printed notices were placed on resident's doors about 30 minutes before it began. The notices did not disclose the nature of the exercise.
Residents who called 911 and asked for help were told they could not be serviced because they lived outside the response area.
Last Dance is not over, according to Carol Darby from Fort Bragg public affairs. She says to expect more activity in the same area until Feb. 20. She would not give details, and said the operation is secret. She also denied a request for a WorldNetDaily reporter to observe, saying it was not safe.
from WorldNetDaily 1999-Feb-15, by David M. Bresnahan, from http://www.worldnetdaily.com/bluesky_exnews/19990215_xex_fear_and_loa.shtml:
Fear and loathing in Kingsville, Texas
Local residents fuming
over Army live-fire exerciseA group of Kingsville, Texas, citizens now plan to pursue action against their city for permitting the Army to use live ammunition during an exercise in their town known as Operation Last Dance.
Angry citizens are expected to crowd the next city council and county commission meetings, both scheduled to be held Feb. 22. At least one citizen is looking into legal action.
Back door to building blasted open. Some residents said they were terrified when helicopters swooped into town from the Army Special Operations Command, Ft. Bragg, North Carolina, last Monday night. One helicopter hit a telephone pole, which started a fire and horrified residents who saw it happen.
At least eight helicopters are reported to have participated in an assault exercise using live ammunition and explosives very close to innocent bystanders who were not warned of the planned action.
Fire officials confirmed that they responded to the resulting fire, but had no warning that the exercise would take place. They were also summoned to put out a building fire caused by explosions set off during the exercise.
It has since been learned from military sources that the actual group involved in the exercise is known as the Night Stalkers, an elite group from the Delta Force. They are trained to conduct assassination missions, according to several retired military officers who had served in various special operations assignments.
The Army Special Operations Command at Ft. Bragg, North Carolina, has acknowledged that the event was the kick-off of a series of similar training operations going on in Kingsville, Corpus Christi and Fort Sam Houston, but would not confirm that the group was the Night Stalkers. Additional training events have been confirmed in the area.
Austin radio station talk show host Alex Jones went to Kingsville to investigate for WorldNetDaily. He arrived just in time to find work crews covering up the evidence of the extensive damage caused by the exercise.
A former police station and an old Exxon office building were nearly destroyed. Evidence of bullet holes in walls, explosions from grenades, and other explosive charges could be seen. Fire damage was also extensive in at least one of the buildings.
"There was a joint training session between the United States Army and the Kingsville Police Department," Lt. Judy Hayes, third in command at the Kingsville police told Jones.
Lt. Judy Hayes, 3rd in command at Kingsville Police Department "The Army was doing some sort of extraction type thing. They used eight helicopters. Our training involved sealing off the area, as if we were involved in taking care of a hazardous materials type incident. We were rerouting traffic and making sure there was no civilian foot traffic in the area. So we got quite a bit of training in that area.
"The only participation on the part of the Kingsville Police Department was in a hazardous materials training session. We did not participate in any way with what the Army was doing," insisted Hayes.
Throughout the interview with Jones, two men in black SWAT team uniforms stood behind her. Jones believes it was an attempt to intimidate him.
The Kingsville Fire Department was not given notice of the exercise, and it was not invited to participate in the alleged hazardous materials training, even though it would be called in if there were a real even of that kind.
The fire department spokesman claimed officials were not aware of the event until they were called to respond to the telephone pole fire and the fire at the former police station.
An elderly lady who lives in an apartment across from where the exercise took place told Jones that she was frightened to death and crying. She was sitting on a bench in full view of the area where the helicopters first appeared and where all the shooting took place.
"I sit on the bench, and then I get scared because the noise. It was so terrible and too loud, you know. They were throwing some bombs. I think they were using some rifles too, and the other kind of rifles that go pop, pop, pop, pop, pop, you know," said the elderly woman, identified only as Gracie.
She described seeing many black helicopters with men in black coming out of them. She heard explosions and apparently machine gun fire. She said it lasted at least two hours.
"I was so scared I went back to my apartment, but I could still hear the noise," Gracie said. She said she was so scared that she cried and her heart hurt. She said no one warned her or came to tell her what was going on.
Business owners are also complaining. The police claim they warned businesses in the area of the exercise in advance. If they did, WorldNetDaily was unable to find any that would confirm that. The businesses in the area that were open at the time of the exercise had no idea what was going on.
A former police chief and former city council member have expressed dismay over the incident and are contemplating filing an official complaint.
Police Chief Philipe Garza has been the object of a number of investigations lately. Currently the U.S. Department of Justice has been asked to investigate accusations of police abuse. Several residents, who did not wish to be identified, claim that Garza is very abusive with citizens and rules by intimidation.
Police Chief Philipe Garza was appointed to his position even though he did not have the required training. He is currently under investigation for police brutality and abuse. Garza claims there are very few complaints from residents of Kingsville. He says the only complaints are coming from people in other parts of the country.
The head of emergency management for Kingsville is the Federal Emergency Management Agency coordinator Tomas Sanchez. He is a highly decorated Navy veteran, wounded in Vietnam and retired after 30 years of service. He now continues to serve as the head of the military police unit of the Texas State Guard, which is under the National Guard.
Sanchez has had extensive experience and training in special operations, and he expressed deep concern to WorldNetDaily about events in Kingsville. He was asked what was the purpose of the exercise. He said the plan involved a scenario that required military action because local police could not deal with civilians effectively.
"Martial law has been declared through presidential powers and war powers act, and some citizens have refused to give up their weapons. They have taken over two of the buildings in Kingsville. The police cannot handle it. So you call these guys in. They show up and they zap everybody, take all the weapons, and let the local P.D. clean it up," described Sanchez of the scenario the Night Stalkers were likely given.
Sanchez says the military exercise in his town was illegal under the Posse Comitatus Act, but he says that Presidential Decision Directive 25 has given an exception to Special Operations. He believes the men involved have total immunity from any legal action against them. Although PDD 25 is top secret, Sanchez has seen it because of his position with FEMA, and he has a security clearance. He would not provide a copy to WorldNetDaily.
"Some folks are talking about seeking some legal counsel. Some are asking for the crisis incident stress management counseling. They would like to see some of that," said Sanchez.
"When the helos are right above the rooftop, and the windows are vibrating, and people are ducking under the bed, and so on and so forth, they need that," he explained.
Shell casing used by Night Stalkers to blast their way through doors. Sanchez was able to locate some of the helicopters and some of the soldiers used in Operation Last Dance. He decided to take a drive to the Corpus Christi Naval Air Station and the Corpus Christi Army Depot where all the helicopters are given maintenance.
"Parked between hanger 45 and 46 on the tarmac were four Blackhawk, no marking, helicopters. They've got it all blocked off with a chain link fence that says ID card required to gain access. No security guard. One can drive up close enough to look through the fence and see the Blackhawk helocopters. Only four of them were parked there," said Sanchez of his findings.
He said the men involved are most likely staying at the bachelor- enlisted quarters, which is a three-story barracks building. Some of the men have been observed eating in a fast food restaurant right near the bachelor-enlisted quarters.
"You can always tell these guys because even when they put on civilian clothes they still look like Army Rangers. White sidewalls we call it. Short crew cut," Sanchez explained.
from TPDL 1999-Feb-18, from WorldNetDaily, by David M. Bresnahan:
Training ammo claim disputed Military sources say
Army is lying about Kingsville raidThe Army claim that only training ammunition was used in a recent mock raid on a small Texas town is a deliberate lie, according to other Army sources and an investigator.
Army Special Operations Command at Fort Bragg, North Carolina, has confirmed that elite Night Stalkers and Delta Force troops were involved in a training exercise, code named Last Dance. Walt Sokalski confirmed that the operation began Feb. 8 in Kingsville, Texas, and will continue in the area until February 20.
He also confirmed that live ammunition and explosives were used in the middle of a populated area with no advance warning to residents. Sokalski insisted that every possible safety precaution was taken, including the use of training munitions and special stray bullet "traps."
He told WorldNetDaily that full-powered ammunition and explosives are never used in areas where civilians are located. The "simunition" is less powerful and uses plastic bullets that can only travel 100 yards. Such bullets are not considered lethal.
Residents of Kingsville reported hearing machine-gun fire and explosions lasting two hours when the Night Stalkers arrived in their little town unannounced. Many suffered sufficient fear over the incident to seek medical treatment, and some are talking to lawyers about possible legal action.
County commissioners ordered the county judge to send a letter to the city council and to the Army to protest the attack on their town and the fact that they were not informed.
Night Stalkers are some of the best pilots in the world. They are expert at flying high speed helicopters at low altitudes. They delivered another elite group, the Delta Force to the site in Kingsville. They arrived in a hail of bullets and explosions that rocked the town and scared some residents nearly to death. Residents of a retirement home across the street were reported to be on the floor under their beds thinking the world was coming to an end.
WorldNetDaily sent Alex Jones, an Austin talk show host, to Kingsville to inspect the damage caused to two buildings used in the dramatic attack. He reported finding brass shells from spent .308 ammunition, used shotgun shells marked "HATTON Pattern Solid," extensive blast damage from grenades, multiple fires in different parts of the building, bullet holes in the floor and walls and all the windows of the building blown out completely.
"That doesn't sound like fake stuff to me," Jones responded when he was asked if he agreed with Sokalski's statement that less-
powerful training bullets were used. An active-duty Army captain who asked that his name be withheld contacted WorldNetDaily after reading Sokalski's claim. He has many years of experience and is concerned about the nature of the exercise. He knows what to look for to determine if training munitions were used.
"Simunition and plastic bullets do not make holes. Only live rounds do. I saw the picture of the discharged shotgun shell which may have been used for entry," Jones told WorldNetDaily. He was impressed that evidence was obtained before the scene was cleaned up.
Cleaning crews were actually on site at the time Jones arrived to take pictures and gather evidence. Both buildings are now cleaned up, the evidence has been removed, and they are all boarded up with plywood.
"Practice grenades (grenade simulators) are made of paper and look similar to a very thick toilet paper tube with clear plastic on each end. They do not function the same as a grenade (they don't cause damage when they explode). Their purpose is only to make noise. They leave paper residue that is easy to find," explained Smith.
"We didn't see anything like that," said Jones when told about the practice grenades.
"What you were told by the PA (Sokalski) isn't necessarily true," the captain charged. "Simunitions were not used. They never use that. It's a good thing your guy collected the brass because I'm sure there's none to be found now.
"Live rounds are used, and that's just the way they train. Also, my thoughts on that .308 round. Most entry teams don't use that as a primary weapon, however depending on what kind of air support was available you may have had mini-guns firing (from the helicopters)."
Numerous other military officers and former officers also contacted WorldNetDaily about the claim that training ammunition was used. They all stated that it was obvious that Sokalski was either uninformed or deliberately misrepresenting the facts.
"They really think we're so stupid that we can't figure this out," said Jeff Norgrove, a former Night Stalker. He said that most Night Stalkers and Delta Force members are young and unaware of what is really going on.
"They just do what they're told. It's exciting, and the pay is very good. They get paid much more than anyone else, and they have a great time," he told WorldNetDaily.
Norgrove said that a very select group of young men are recruited for these two elite groups. They receive intensive training, and are considered the very best there is. He said that he is concerned about the urban assault training that is taking place.
"These aren't really military exercises," remarked the captain. "What they are is SWAT training. The Army will never admit that to you, but that's what it is."
The exercise is always conducted in the dark of night. The helicopters are painted dark with a special paint that resembles sand paper and appears black to avoid radar detection. They fly with no lights on and have markings that cannot be seen under those conditions, according to Sokalski.
They fly just feet over the tops of trees and houses at high speed. One helicopter in the Kingsville raid was so low that it hit the top of a telephone pole, causing a fire by a house.
Soldiers get out quickly wearing black uniforms and begin firing machine guns. Sokalski was asked what would happen if a frightened resident concluded that these were unfriendly forces and decided to shoot at them.
"They are under orders not to return fire," Sokalski explained. The soldiers involved would call the local police to handle the shooter in such a situation.
Despite not knowing the circumstances of the mock attack, no one in Kingsville opened fire on the soldiers or brandished arms during the exercise.
from WorldNetDaily 1999-Feb-16, by David M. Bresnahan, from http://www.worldnetdaily.com/bluesky_exnews/19990216_xex_bush_says_ma.shtml:
Bush says maneuvers not his business
It's a matter between Army, local officials, governor saysGov. George W. Bush, R-Texas, says it is not his job to get involved in the concerns over Army Night Stalkers using live ammunition in a civilian area of his state.
The Army Special Operations Command at Fort Bragg, North Carolina, has confirmed Operation Last Dance began in Kingsville Feb. 8 and has been continuing in other small towns near Corpus Christi.
Little warning was given to civilians in Kingsville prior to the event that has prompted some to seek crisis intervention counseling.
Angry citizens are now calling for the dismissal of the police chief and his assistant.
The exercise involved the elite forces of the 160th Special Operations Aviation Regiment -- the Night Stalkers. A specially trained helicopter regiment stationed in both Fort Campbell, Kentucky and Hunter Army Airfield, Georgia.
Night Stalkers got their name because of their special training to fly just over tree tops at high speeds in the dark. They were on just such a training mission in Kingsville last week.
Eight black helicopters roared into town, with one nearly crashing as it hit the top of a telephone pole and started a fire near a residence. The soldiers on board staged a mock raid on two empty buildings, using real explosives and live ammunition in machine guns. The two-hour gun battle has residents and some officials furious -- and some scared to death by what they heard and saw.
Police Chief Felipe Garza and Mayor Phil Esquivel were the only city officials in Kingsville involved in approving the military training exercise. At least one other Texas Mayor turned the military away for a similar request and accused them of offering a bribe.
Both Garza and Esquivel have refused to provide details, insisting that they were sworn to secrecy by the Army.
Numerous attempts were made to find out the reaction of Bush. When WorldNetDaily contacted his office, aides were not aware of Operation Last Dance. On Monday an aide acknowledged that calls had been coming in about the event, but no statement had been issued by Bush.
Late on Monday a public relations spokeswoman called with a response.
"Apparently you need to contact Fort Bragg if you need more information about this," she said. "Apparently in these types of exercises the Army goes through local law enforcement and local officials and not through the state.
"So this really isn't an issue that would be dealt with by the governor's office. We're going to look into it further, but at this point all I can tell you is that you need to contact Fort Bragg for more information. According to the Army, they have notified local law enforcement in all the communities that they are doing these exercises in," she told WorldNetDaily.
Kingsville is not the only place to experience Operation Last Dance. Other Texas communities are also witnessing similar events.
Tomas Sanchez, emergency management coordinator for the Federal Emergency Management Agency is not pleased about what happened in his town. Yesterday he met with county commissioners in a special session to brief them on his own investigation.
Sanchez was not notified of the exercise in advance. The police claim they were engaged in a hazardous materials training drill with the Army; however the fire department and Sanchez were not included in that training. Sanchez does not believe the police department claims and told WorldNetDaily that there is a group asking for the removal of Garza and his assistant.
Sanchez is a highly decorated Vietnam veteran with 30 years service in Navy intelligence work. He has worked with Special Operations and knows how they operate. He was asked by WorldNetDaily to describe the nature of the training mission.
"I can tell you specifically. In my humble opinion, based on my background, the scenario if I were creating this ops plan," he described. He gave his belief as to the scenario the Night Stalkers were working under.
"Martial law has been declared through presidential powers and war powers act, and some citizens have refused to give up their weapons. They have taken over two of the buildings in Kingsville. The police cannot handle it. So you call these guys in. They show up and they zap everybody, take all the weapons, and let the local P.D. clean it up," he said.
"In urban warfare, the militarization of the police, this thing got out of order. The citizens did not comply with executive order so and so. They refused to give up their weapons," he re-emphasized.
Sanchez and other military experts questioned by WorldNetDaily all pointed to Presidential Decision Directive 25 as the document being used to authorize the military to participate in domestic police action. PDD 25 is classified as Top Secret, and even Sen. Orrin Hatch was unable to obtain a copy as chairman of the Senate Judiciary Committee. Only a brief summary is available to the public.
Sanchez and others believe the 1878 Posse Comitatus Act has been eliminated by PDD 25. The posse comitatus act forbids the use of the military as a domestic police force.
"That was a big issue a few years ago, because when they set this thing up back a few years ago, the legal folks, the jack folks were saying, 'Hey, that may have applied one time, but no more. It doesn't apply anymore.' So that's the reason," explained Sanchez.
"They kind of give them the carte blanche where they can do what they want to do. They are guaranteed they will not be tried under the uniform code of military justice. They're exempt. There's no way to nail these guys. Even if we got them to court they would get presidential pardons," said Sanchez.
"It's a done deal. I think there's some U.N. folks involved in this thing too," he added.
Sanchez, 56, is now a lieutenant colonel in the Texas State Guard. He says that he takes the oath he raised his hand to very seriously.
"You know, we took an oath when we got sworn in to defend the country against foreign and domestic enemies. It doesn't say what kind of domestic enemies. It could include guys in black uniforms in the assassination squads and so on," he declared.
Sanchez was cleared for top secret clearance and was what he calls a "spook" for Naval Intelligence. One of the most decorated veterans of Vietnam, he was disabled and wounded in action. He survived two plane crashes and other close brushes with death.
In the Navy he was assigned the responsibility to find bad officers and bad military police. He says he is just continuing to do what he once did for the Navy.
from WorldNetDaily 1999-Feb-11, by David M. Bresnahan, from http://www.worldnetdaily.com/bluesky_exnews/19990211_xex_shroud_secre.shtml:
Shroud of secrecy over urban war game
Police station torched in pitched grenade battle in TexasWhen Operation "Last Dance" began in Kingsville, Texas, soldiers arrived in unmarked helicopters. Explosions were set off. A gunbattle ensued. One building burned and another was badly damaged.
It was all part of a secret training exercise that took place Monday night in a town of 25,000 not far from Corpus Christi. The local police were involved, as was the mayor, but almost no one will talk about it.
The Army Special Operations Command at Fort Bragg, North Carolina, has confirmed the event was the kick off of a series of similar training operations going on in Kingsville, Corpus Christi, and Fort Sam Houston. Additional training events will take place each day until Feb. 20.
Little warning was given to civilians prior to the event that startled many. The police first fibbed to local businesses early in the day, telling them that a police exercise would take place that night. One hour before the helicopters arrived they decided to go back to the businesses and tell them a military exercise would take place and not to be concerned.
A warning would have helped the many residents avoid panic, but they were not told in advance. The sound of the eight or more helicopters, explosions, and rapid gun fire caused hundreds of calls to the 911 dispatch center. Additional people were placed on duty to take the many anticipated calls.
City officials claim they were not permitted to warn residents. The Army wanted the exercise to be conducted in a realistic environment.
"The training has an emphasis on urban environment training and land navigation. Before we even rolled into Texas we did a thorough risk assessment and a safety study to ensure risks to the local population is minimized, as well as any risk to our soldiers," explained Carol Darby, a civilian public affairs officer for the Army Special Operations Command at Fort Bragg.
An unidentified soldier involved in the exercise came from Kingsville and recommended the location. Planning began many months in advance, but the actual plans for the event by the soldiers involved began only hours before they carried out the mock mission.
The scenario was staged as a real event would be, with soldiers having to deal with a situation quickly and without preparation.
"The benefit that this kind of training has is having something that is done in a realistic time frame. A lot of times it's a very, very short notice (to the soldiers involved)," Darby told WorldNetDaily.
"We do this type of training in urban areas because of the increased urbanization of the world. Urban environments is one of the environments that we have to train in because of our deploy ability requirements to be able to conduct operations world wide.
"We look at different areas because of the characteristics in those areas and the challenges that those characteristics present to our training."
She said soldiers cannot always train just at the Fort Bragg facility. Soldiers need a real environment to train in, rather than the fake city used at Fort Bragg known as "Military Operations in Urbanized Terrain." The Marines have a similar training facility at Camp Lejeune, N.C.
She said there will be a different scenario for each part of the exercise with many soldiers participating. The number involved, and their nationality was not disclosed.
One witness to the exercise told WorldNetDaily that the soldiers appeared to be multi-national, but this could not be confirmed.
This exercise was not the first, nor will it be the last. Similar events are planned form many locations all over the United States, and a "peace training" exercise is taking place in Louisiana at the same time as Operation Last Dance.
"We look at different sizes of urban areas from a smaller area to a larger area because of those challenges that it presents, because we don't know where the next hot spots in the world will be," Darby explained.
Although the training takes place in many U.S. cities and towns, the troops involved could be called to respond to problems anywhere in the world.
WorldNetDaily requested permission to observe a future exercise. The request was turned down.
"The press cannot observe because of some of the tactics that we use. We do try to protect those. Another reason is safety," said Darby.
She was not aware of any coordination with other branches of the military, and she did not know if this had anything to do with President Clinton's recent proposal for a Homelands Defense Command.
The purpose of the training exercise also was not disclosed. She would not say if it dealt with terrorists, hostages, domestic, or foreign scenarios.
Witnesses described the exercise as extremely frightening.
The estimated eight helicopters landed one after another with soldiers jumping out quickly. The helicopters left as quickly as they arrived.
Explosions came from within a two-story former Exxon building, then rapid gunfire was exchanged between two warring factions. Extensive damage to the building was caused by grenades used in the explosions.
A vacant police station was used by the forces as well. They were using a welding torch for some undisclosed reason and accidentally set off a fire that gutted the inside of the building. The fire department, which was notified to be on standby, was able to extinguish the blaze before damage to other buildings took place.
The city has been promised it will be compensated for the damage to the old police station, which is considered to be destroyed. The Exxon building also suffered extensive damage.
When asked about the damage, Esquivel first denied that it even happened, then he explained that he had not yet received a report of damages but confessed he knew of the damage.
No one was injured, according to Police Chief Felipe Garza, who would not discuss the exercise. He and Mayor Phil Esquivel refused to give much information. They claimed they had been sworn to total secrecy.
Residents who spoke to WorldNetDaily complained, expressed fear, and did not want such an exercise in their town again. Several spoke harshly against their elected leaders for permitting the exercise.
from the Corpus Christi Caller-Times, 1999-Feb-18, by Novelda Sommers and James A. Suydam, Staff Writers, from http://www.caller.com/autoconv/newslocal99/newslocal417.html:
Old courthouse stormed in mock rescue
Special Forces use guns, explosives in practice operation
Army Special Forces troops took the Old Nueces County Courthouse by storm Wednesday night in a mock-hostage rescue of an ambassador from one of the jail cells.
The crack of gunfire and the low, loud boom of grenade explosions could be heard across the city.
"All of a sudden, we saw cops blocking the streets and we heard gunshots," said Conrad DeLaPaz, 19, who pulled his minivan over and parked to watch the maneuvers.
DeLaPaz said he was at first frightened by what appeared to be an assault on the city.
The exercise by the Army Special Operations Command from Fort Bragg was the last in a series performed in the Corpus Christi area, Police Chief Pete Alvarez said.
"It was really a neat exercise, something we'll probably never see again in Corpus Christi," Alvarez said.
The soldiers' mission was to rescue an ambassador being held hostage by enemy forces, Alvarez said. In the process, they set up snipers outside the building whose mission was to kill guards, allowing soldiers access.
The sharp crack of gunfire seemed to signal the beginning of the exercise. An instant later, several black helicopters without lights landed and dropped off soldiers.
The soldiers used grenades and explosives to blow open doors, Alvarez said.
A helicopter also landed on the Mann Building.
The soldiers had to take out more than 60 bad guys - some real men, some plywood cutouts -in and around the courthouse before extracting the ambassador from the jail cell.
They reached the hostage in about 10 minutes and finished the operation in about 25 minutes, he said.
`An awesome display'
Mayor Loyd Neal, City Councilmen Ed Martin and John Longoria and City Councilwoman Melody Cooper witnessed the exercises from the driveway of Fire Station No. 1, just across the street from the courthouse.
"It was an awesome display; those helicopter pilots were fantastic," said Neal, a former Airborne Ranger with 30 years of military service.
One helicopter hovered inches above a crane at the worksite for the new federal courthouse, dropping off two snipers. The helicopter came back later in the exercise to pluck the men from the top of the crane.
Two of the choppers landed on the roof of the courthouse. The others landed around the courthouse square. A large Blackhawk helicopter then settled in just to the north of the courthouse.
"The pilot of that Blackhawk had more than 5,000 hours of flight time in that helicopters," said Neal, who had been briefed about the drill by Sam Joseph, an operations leader from Fort Bragg. "I've never seen anything as precise as what that guy was able to do under those conditions in the dark like that."
Smooth exercises
Joseph said the urban warfare training exercise in Corpus Christi was one of the smoothest ever.
"The cooperation from guys like your police chief was just fantastic," he said. "We really appreciate it. He's a hell of a guy."
On Tuesday, Army representatives briefed the council on the operations and addressed concerns about citizen safety related to the exercises.
During the exercises, helicopters have been seen swooping low over residential areas in Annaville, Kingsville and Port Aransas. The soldiers, wearing black face masks and night-vision goggles, use explosives and sometimes fire live rounds during the exercises, the soldiers said.
In Kingsville on Feb. 8, explosions and rifle fire startled nearby residents, and the attack caused a fire that gutted an abandoned police building and blew windows out of another building nearby.
Army officials have said that 50 to 60 soldiers were involved with the two-week exercise. The Army Special Operations Command in Fort Bragg had received permission from the city for the exercises.
The unit has encountered problems in other cities where the times and locations of the operations were widely known, Joseph has said. In one case, he said, 200 people crowded onto the roof of an abandoned factory to watch the operation, threatening to collapse the roof and slowing the unit's vehicles.
Dusty Durrill, owner of the company that owns the old courthouse, said he was approached by Army officials about six months ago. Durrill said he didn't receive any compensation for the exercise, but that Army officials agreed to pay for any damage.
Traffic disrupted
Traffic was shut off on the I-37 overpass going toward Portland from 7:45 to 8 p.m. and again from 8:20 to 8:30 p.m. Traffic leaving Portland could enter Corpus Christi. The Harbor Bridge walkway also was closed.
"We've had 10 times worse traffic jams during a major car accident," said Lt. Ken Ersland of the Corpus Christi Police Department. "Closing off the highway caused a minimal amount of inconvenience to the residents."
Army officials asked for road closures so the helicopters wouldn't distract motorists or send debris onto cars, Ersland said.
"The whole thing went off like clockwork, and I'm a Marine and I don't usually praise the Army," he said.
Staff writer Stephanie L. Jordan contributed to this report. Staff writers Novelda Sommers and James A. Suydam can be reached at 886-3683 or by e-mail at sommersn@caller.com or suydamj@caller.com
from the Washington Post, some time around 1997-Jul-23, from http://www.techmgmt.com/restore/swat.htm:
FRESNO, Calif. -- Sgt. Wade Engelson is preparing his new recruits for war. Dressed in fatigues, sporting buzz hair cuts, the new men are being trained in the use of submachine guns, explosives and chemical weapons. They have at their disposal a helicopter and, soon, an armored personnel carrier.
Engelson's men are not Navy Seals or Army Rangers. They are members of the Fresno Police Department, whose enemy will not be found in faraway lands but in the neighborhoods where the police routinely patrol -- fully armed and in urban camouflage.
In their expanding strength and mission, the SWAT team in Fresno mirrors a growing trend in U.S. law enforcement -- the rise in the number of police para-military units across the country and a rapid expansion of their activities, a controversial trend that police scholars refer to as "the militarization" of civilian police.
The explosive growth and expanding mission of SWAT teams has, in turn, led to complaints that an occupying army is marching through America's streets -- that they are too aggressive, too heavily armed, too scary -- and that they erode the public's perception of police as public servants.
"It's a very dangerous thing, when you're telling cops they're soldiers and there's an enemy out there," said Joseph McNamara, former chief of police in San Jose and Kansas City who is now at the Hoover Institution at Stanford University. "I don't like it at all."
In a new study, police researcher Peter Kraska and his colleagues have documented the explosive growth of SWAT, which stands for Special Weapons and Tactics. In a nationwide survey of 690 law enforcement agencies serving cities with populations with 50,000 or more, the researchers found that 90 percent now have active SWAT teams, compared to 60 percent in the early 1980s.
Even in rural communities and smaller cities, the researchers have found that two of every three departments now boast a SWAT team -- a phenomenon Kraska compares to "militarizing Mayberry," he said referring to the fictional small town in the Andy Griffith television show.
Yet more important than the raw numbers, Kraska says, the SWAT mission has expanded. Once limited to highly specialized actions, such as dealing with barricaded gunmen or hostage-takers, the SWAT teams are now increasingly engaged in more standard police work. There is a boom in "high risk warrant work," including "no-knock entries." The work is mostly related to the war on drugs, and by extension, "gang suppression."
"Where the SWAT teams were once deployed a few times a year, they are now used for all kinds of police work -- dozens of calls, hundreds of calls a year," said Kraska, a professor of police studies at Western Kentucky University. "In SWAT units formed since 1980, their use has increased by 538 percent." And some units, like those in Fresno, are being deployed full-time as roaming patrols.
The 30 members of Fresno's Violent Crime Suppression Unit now patrol crime- ridden neighborhoods day and night, serving warrants at homes of suspected drug dealers and criminals, stopping vehicles, interrogating gang members, showing a presence.
As they move through the city, they wear subdued gray-and-black urban camouflage and body armor, and have at the ready, ballistic shields and helmets, M17 gas masks and rappelling gear. More equipment is carried in a mobile command SWAT bus that roves the city. The deparment is purchasing an armored personnel carrier.
The tactical police here also carry an assortment of weaponry denied the normal beat cop -- battering rams, diversionary devices known as "flashbangs," chemical agents, such as pepper spray and tear gas, and specialized guns, including assault rifles and most famously, the Heckler and Koch MP5, the short, highly accurate 9mm, fully automatic submachine gun used by the Navy Seals.
While the phenomenal rise in SWAT work has drawn some fire, police officials say the change has been a necessary one that has made an impact on crime.
Fresno Police Chief Ed Winchester says that a highly armed and more violent criminal class requires an extreme response. Fresno formed its SWAT team in 1973, about a decade after the first such unit appeared in Los Angeles. Its creation occurred after an officer was shot and killed by a robbery suspect following a chaotic police response in which patrol officers fired hundreds of rounds at the suspect, borrowed an armored car and let fly canisters of tear gas, which then floated across the neighborhood.
"It was what we would call a fiasco," Winchester said, convincing everyone that a more highly trained, specialized and disciplined unit was required.
From 1973 until 1994, Fresno's SWAT team operated only in response to very specific call-outs, such as barricaded suspects. But by late 1994, Fresno was experiencing a crime wave. There were 55 shootings in five months, with 13 people killed, including three children. And so Fresno's traditional SWAT unit transformed itself into the Violent Crime Suppression Unit and took to the streets in constant patrols.
"The criminals aren't stupid," Winchester said. "They see eight guys surrounding them, all carrying submachine guns and wearing black fatigues, they don't want to get killed."
Fresno SWAT member C.D. Smith, writing in Police magazine in 1995, put it this way: "The streets of Fresno have become a war zone for cops, who find themselves in the heat of battle with the bad guys at least once a month."
Winchester credits the unit, in part, with reducing violent crime in Fresno by 8.7 percent in 1995 and 3.5 percent in 1996. Now, he is expanding the unit again -- for day patrols as well as night.
"Is there a downside? Sure there is," Winchester said. "It's a sad commentary -- sad when crime is so bad you got to put a SWAT unit on the street."
Yet critics warn the growing use of paramilitary-style police units threatens the very idea of a civilian police force -- just as many law enforcement authorities begin to apply a new technique known as "community policing," putting more beat cops on the street and letting them interact more with citizens to solve problems as well as crimes.
"Despite the conventional wisdom that community policing is sweeping the nation, the exact opposite is happening," said McNamara. "The police and their communities ought to think seriously about this. Is there a need for SWAT teams? Yes, for highly specialized functions. But the police love these units, and this is a disastrous image to project."
McNamara and other police scholars say that the positive impact of the SWAT teams on reducing crime is most likely short-lived -- and that the pressure must be maintained. They also fear that heavily armed, commando-style police -- if they remain in a neighborhood for long -- will eventually be seen as an occupying army.
Kraska said his research shows that the rise in SWAT activities has closely followed the increased resources applied to fight illegal drug use. "The drug war created the atmosphere for this kind of pro-active policing," Kraska said. "We have never seen this kind of policing, where SWAT teams routinely break through a door, subdue all the occupants and search the premises for drugs, cash and weapons."
Between 1980 and 1995, for example, Kraska found that SWAT units were employed in their traditional roles only for a minority of call-outs. Some 1.3 percent of their work was to quell civil disturbances; 3.6 percent for hostage situations; 13.4 percent for barricaded individuals. But 75 percent of their mission is now devoted to serve high-risk warrants, mostly drug raids.
Police chiefs and SWAT officers defend the practice, saying they are more aggressively rooting out and arresting drug dealers. And because of the more powerful weapons used by gangs and dealers, the work should be done by highly trained SWAT teams.
Fresno Police Chief Winchester says that the SWAT teams, because of their training and style of assault, actually fire fewer shots. "They overwhelm suspects," the chief said. "They don't need to shoot."
Kraska's survey of police departments finds many SWAT teams are instructed by active and retired U.S. military experts in special operations. The SWAT teams also receive training not only from the FBI, the Federal Law Enforcement Training Center and National Tactical Officers Association, but in classes organized by private companies.
One of the most popular courses is offered by Heckler and Koch, which trains hundreds of SWAT officers a year. The company also offers the units discounts on its popular weapons, such as the MP5. Kraska points to the private companies role in the encouragement of SWAT response as part of a new "crime control industry."
Larry Glick, executive director of the National Tactical Officers Association, said that some of the private training seminars are taught by "retired military personnel who don't know what they're doing." The training offered by Heckler and Koch is "very successful and credible, among the best," he said. "Their ultimate goal is to sell their guns."
Kraska and other police scholars said that even with the most community- sensitive training, the new weaponry and paramilitary-style tactics of the SWAT units attract a different kind of officer -- less the cop as social worker and more the cop as an elite special `ops' soldier. And most SWAT officers are paid a premium for the work.
"The SWAT teams love this stuff," Kraska said. "It's fun to fire these weapons.
It's exciting to train. They use `simmunition' -- like the paint balls and play warrior games. This stuff is a rush."
© Copyright 1997 The Washington Post Company
from a NetNews post by "Runway Cat" <Runway_Cat@hotmail.com>, January 24, 1999, downloaded from http://www.afn.org/~govern/weimar2.html:
In the March 1999 issue of Soldier of Fortune, there's an excellent overview of the merging and blurring of function between military and police in the US, which will apparently lead inexorably to a police state. Perhaps not news to this NG's regular readers, but worth perusing for discussion. Many of the developments noted are precise fulfillment's of Jacques Ellul's prophecies of about future technology state, from the 1950's. Some quotes below the line.
-RCThe North American Aerospace Defense Command (NORAD) admits that it is no longer capable of protecting Americans from incoming nuclear missiles. Yet NORAD enjoys hundreds of millions of dollars in annual funding, as part of a $1.8 billion systems upgrade, having convinced congress to assign NORAD the mission of tracking planes and ships that might be carrying drugs.
In 1986, the nation had 3,000 deployments of paramilitary police units. In 1996, it rose to 30,000.
The [black] helicopters, writes [Prof. David] Kopel, "are part of the National Guard's marijuana eradication program. They are flying over rural property as a result of 1981 and 1989 congressional amendments which created a partial drug exception to the Posse Commitatus Act."
These days it's not just the radical fringe types who warn of a police state. Rather it is quickly becoming a mainstream concern.
"Once the military is used for local police activity, however minor initially, the march toward martial law with centralized police using military troops as an adjunct force becomes irresistible." said Rep. Ron Paul R-Texas, addressing the United States Congress.
The reign of Hitler began with a mixing of police and military roles. "Modern societies are characterized by a rather neat separation between police and military forces; each maintaining very different principles of recruitment, training and organizational functioning and operating under completely different frameworks of legal rules and political supervision," writes Prof. Hans Geser, of the University of Zurich's Institute of Sociology, in a study of United Nations international policing.
"Law enforcement must serve persons who are guaranteed presumptions of innocence and right not appropriate when dealing with an enemy during times of war," Kopel writes. "Our citizens are not supposed to perceive themselves as subjects of an occupying force."
"A series of drug war amendments to Posse Commitatus during the 1980s under Presidents Reagan and Bush, has changed that and placed Marines on patrol at home," says Kevin B. Zeese, president of Common Sense for Drug Policy, explaining why Marines who shot Zeke Hernandez were patrolling the Texas/Mexico border in the first place. Unlike a cop, the Marine's career isn't founded on two fundamental rights: assumption of innocence and Miranda rights. "Our soldiers are not trained to make arrests, Mirandize and bring to justice. They are trained to kill," says Mr. Zeese.
Defense Secretary William Cohen went so far as to suggest border states sign agreements to provide immunity to local criminal laws, similar to the "status of forces agreements" the department has with foreign governments.
With constant advancements in technology, however, police are becoming more capable of finding crimes - and therefore articulable suspicion - that would otherwise go undetected. Random enforcement is becoming a thing of the past. Today's police are like small armies that target groups in the name of social reform. Now and in the future, you'll have to watch out who your friends are. You can be targeted for who you associate with."
"There's an unsettling trend among police to view demonstrations as crime scenes," says Blewitt. "Police are beginning to view crowds of demonstrators as enemies of the state, to be controlled, rather than groups of people exercising their constitutional right the police should be working to uphold."
"It's all being done out in the open, and many people don't see it as frightening," says defense lawyer Blewitt. "That's because Americans have been conditioned to think it will affect only criminals. They've been convinced society if being destroyed by crime - even though violent crime has steadily decreased in recent years - and these military style police are our only hope. What they should worry about is an emerging police state that threatens the very fabric of free society."
more from the same URL, from "Nikoli Krushev" <doomsday@y2000.com>, January 25, 1999:
We became an official police state last year with the passage of Janet Renos' wish list of extended powers. These powers were tacked onto existing legislation completely bypassing Congress. Under this expanded powers act any phone ascribed to a suspect can be tapped without a warrant or court order. Justice dept. Alphabet agents now can get blanket search warrants without a specific address or search target, (i.e. drugs, guns, etc.) Confiscation of assets was expanded to include a multitude of crimes and is no longer dependent on conviction. You can be charged with a crime, with absolutely no proof you committed one, and they can take everything you own. Court proceedings to recover your property will take years and cost hundreds of thousands of dollars. You cannot sue the government to recover court cost.
Now let's revisit that original power of wiretaps. Under this policy a government agency can move an undercover agent into a neighboring home or apartment. Using his clandestine cover as an enemy of the state they can then tap every phone surrounding his location including private residences without a court order or any evidence whatsoever that the owners of the phones are criminals. If one of the tapped lines belongs to a targeted person you now introduce an agent provocateur to either implicate the person in a crime or plant false evidence in his residence. The courts have also ruled that videotaping a person without their knowledge or consent is not a crime as long as there is no audio on the tape. Using a blanket search warrant they can enter your home while you are at work and install hidden surveillance cameras. These cameras can be placed in your bathroom, bedroom, anywhere they want them. Now if they have gone to this much trouble do you seriously believe they will not have a microphone installed separately? As long as it isn't an integral part of the camera this also would be legal.
Now this week Clinton proposes a completely new branch of the military to police the civilian population. We're not talking happy face national guard troops here, this is nothing more than an attempt to establish his own personal SS unit whose sole duty will be to smash any group that dares stand up to the nazification of America.
from New Times, 1975-Nov-28 (Vol.5, No.11, pp. 18, 20-24), by Ron Ridenhour with Arthur Lubow:
Bringing the War Home
BACKGROUND NOTE FROM PIR: "New Times" magazine was founded and published out of New York from 1973-1979 by George A. Hirsch, a Princeton-Harvard man who got his start in journalism at Time-Life International. Hirsch also published "New York" magazine and "The Runner."
New Times held its own during that brief window of serious journalism in America between Watergate and the Reagan years. At this time there were several Congressional committees investigating CIA misdeeds, revelations of political spying against 1960s activists by the police, military, and FBI, the final collapse of our Vietnam adventure, and a new JFK assassination investigation. All this was standard fare in the glossy pages of the biweekly New Times.
Ron Ridenhour died of an apparent heart attack on May 10, 1998 at the age of 52. A Vietnam draftee who in 1969 first disclosed the My Lai massacre of Vietnamese civilians by U.S. soldiers, Ron grew up in Phoenix, but in recent years lived in Louisiana. In 1988 he won a Polk Award for journalism for an investigation of a New Orleans tax scandal.
The Pentagon is training police and guardsmen to help the army crush any revolt in the streets of America. It's part of a detailed secret plan that could end up crushing our liberties.
Santa Luisa is burning. The power stations have been bombed. The local armories are in flames and the ammunition stocks have been destroyed. The riots began a day ago, after a policeman shot an antiwar demonstrator, and now thousands of people are milling in the streets, blocking off traffic, breaking plate glass windows, ambushing police cars. Sirens scream in the night as revolving red beacons spasmodically illuminate the glass-strewn streets. It looks like war in Santa Luisa, and the small college town is not unique: Riots are pulsating up and down California, spreading through several of the large Eastern and Midwestern states. Years of antiwar rhetoric reverberate in an ominous new note. The war has come home.
For it is a war: There is another side. As soon as the demonstrator is shot, before the first hint of public reaction, police forces have begun whirring up. They have checked their computerized lists of local radical troublemakers. They have telephoned to make sure that National Guard and Military Police forces are standing by. When the violence ignites. they are ready -- detaining local radicals, mobilizing searchlight-equipped observation helicopters, coordinating U.S. Army troops with the National Guard, rolling armored tanks through the city, evacuating civilians. In four days, they have blitzed through the town, shredded the radical movement, established a curfew and imposed martial rule. After four days of war, Santa Luisa is quiet.
Close observers of the antiwar movement will be surprised that they have never heard of the Santa Luisa riots. But that's not surprising at all: There never were any riots in Santa Luisa. In fact, there never was a Santa Luisa. It is just a nightmare -- a fictional creation of the Pentagon, the Justice Department and local police departments. It is their imaginative scenario of the revolution they thought would blossom from the race riots and antiwar protests of the late Sixties and early Seventies. As fiction, it would be merely an historical curiosity, except for one thing -- it was the spawning ground of another nightmare, this one fact, not fiction. The Santa Luisa scenario is a game plan used by an elaborate and insidious structure that has developed over the last seven years, an intermeshing of Army, National Guard and local police forces, led by the most right-wing public officials and military men, designed to decimate leftist dissent but capable of crushing anything.
Four years ago Senator Sam Ervin's Subcommittee on Constitutional Rights revealed that Military Intelligence had established an intricate surveillance system covering hundreds of thousands of American citizens. Committee staff members had seen a master plan -- Garden Plot -- that gave an eagle-eye view of the Army - National Guard - police strategy. But they weren't eagles, and the plan was too general to seem alarming. "We could never find any kind of unifying purpose behind it all," Britt Snider, who was then the subcommittee's main man on military intelligence, told a reporter four months ago. "It looked like an aimless kind of thing." The subcommittee issued a report condemning the Pentagon's monitoring of the "peaceful activities of non-violent citizens" whose only offense was "to stand on their hind legs and exercise the rights they thought the Constitution guaranteed." The subcommittee had seen the tail of the monster and they proclaimed it monstrous.
The subcommittee's problem was that although they had a copy of the Garden Plot master plan, they lacked any of the more detailed subplans. An investigation sponsored by New Times has now uncovered one of those subplans -- code name Cable Splicer, covering California, Oregon, Washington and Arizona, under the command of the Sixth Army. It is a plan that outlines extraordinary military procedures to stamp out unrest in this country. Developed in a series of California meetings from 1968 to 1972, Cable Splicer is a war plan that has adapted for domestic use procedures used by the U.S. Army in Vietnam. Although many facts still remain hazy behind Pentagon smoke screens, Cable Splicer, laid out in six loose-leaf binders holding several thousand pages of documents, reveals the shape of the monster that the Ervin committee was tracking down.
The story begins a decade ago. In 1965 Watts exploded in riots and, across the Pacific, Marines landed in South Vietnam. It was the opening of a long season of racial unrest and political turmoil. Four major ghettos suffered riots that year, leaving 36 dead and more than a thousand injured. The next year was checkered with 21 major riots and civil disorders fueled by racial issues, economic grievances and the Vietnam war. Seven times the National Guard was called in to restore order. In 1967 there were 83 incidents, 25 of which required the Guard. A third of the 83 were marked by sniping, over half of the 83 by looting.
The turning point was Detroit. The Detroit riots of 1967 were the most destructive civil disturbances of the decade. Forty-three died, several hundred were wounded and over 5,000 were left homeless. President Johnson sent trouble-shooter Cyrus Vance -- later the American representative to the Paris Peace Talks -- as his personal observer to Detroit. After the riot, Johnson appointed a National Advisory Commission on Civil Disorders, headed by Illinois Governor Otto Kerner. A week later, Harold K. Johnson, Chief of Staff of the Army, set up another task force to study "every aspect of the Army's role in civil disturbances." The Army task force assisted the Kerner Commission. It also issued its own report in early 1968. Acting on the report's recommendations, the Pentagon took a five-pronged approach to solving the civil disturbance problem:
- Following and expanding the suggestion of Cyrus Vance, Military Intelligence -- working with the FBI, local county and state police forces -- undertook and directed a massive domestic intelligence-gathering operation.
- To train senior military, National Guard and police officers, the Senior Officers Civil Disturbance Course (SEADOC) was instituted at the Military Police Academy in Georgia.
- Contingency plans, called "planning packets," were prepared for every city in the country that had a potential for student, minority or labor unrest.
- Security forces ranging from Army troops to local police were trained to implement their contingency plans.
- The Army task force that had designed this program took on a new name, the Directorate of Civil Disturbance Planning and Operations, and became a national coordinating center for these different efforts.
The Army task force's transformation into the Directorate occurred during the massive rioting that broke out in black ghettos of 19 cities after the assassination of Martin Luther King in April 1968. The Directorate's headquarters was in the Pentagon's basement, known as "the domestic war room." Surrounded by acetate map overlays, a fulltime staff of 180, including around-the-clock "watch teams," used teletype machines, telephones and radios to keep in constant communication with every state National Guard headquarters and all major military installations in the continental United States. Seven Army infantry brigades totaling 21,000 troops were available for riot duty. And a huge, sophisticated computer center kept track of all public outbursts of political dissent, thereby furnishing the first of the Army task force's prescribed remedies: intelligence.
Senator Ervin's Subcommittee on Constitutional Rights discovered the computer in 1971, a full year after beginning its admirable investigation of the massive domestic operations of Military Intelligence. "At no time," its staff report states, "during the first year of the Subcommittee's investigation did either the
Army or the Department of Defense admit that a computer on civilian political activity existed within the Pentagon's domestic war room." The subcommittee discovered computerized files on 18,000 of the celebrated and the obscure, on people such as Senator George McGovern and former Massachusetts Gov. Francis Sargent down to ordinary citizens who had, sometimes unknowingly, become "associated with known militant groups."The conservative congressman thumbed through the Cable Splicer documents: "Well, I'll be damned! This is what I call subversive." How does the Pentagon define "militant groups"? Documents from their war games sessions provide some idea. At the Cable Splicer III After Action Conference, held in California in May 1970, Los Angeles Police Department Captain Don Miller observed that militant groups are easy to identify since they "are normally organized according to political beliefs and/or ethnic backgrounds." Generalizations are accurate, noted Lynn "Buck" Compton, the Los Angeles prosecutor of Sirhan Sirhan, because there's "really very little difference between the Sirhans, the [Jerry] Rubins, the [Bobby] Seales, the [Abbie] Hoffmans, and the people of that stripe in that all resort to physical violence to achieve political goals." In a "revolutionary criminology" lecture listing activities that "require police action," Los Angeles Police Department Inspector John A. McAllister mentioned "loud, boisterous or obscene" behavior on beaches, "love-in type gatherings in parks where in large numbers they freak out," disruptions of "legitimate activities by gangs of noisy and sometimes violent dissidents," peace marches, rock festivals (where "violence is commonplace and sex is unrestrained") and "campus disruptions -- which in fact are nothing more than mini-revolutions." The guests at the Cable Splicer conference listened and learned.
Cable Splicer I was conducted in California in May 1968, barely a month after the Army task group became the Directorate. Held at the California National Guard's training academy at the San Luis Obispo Camp, the conference was attended by 307 law enforcement and military officials from all over the state. It was designed as a workshop seminar on civil disturbance control and as a prelude to Cable Splicer II.
Cable Splicer II was a bigger affair. It began on February 10, 1969, with the Governor's Orientation Conference, the kickoff for a series of joint military-police training sessions across the state of California. Before an audience of 500 -- including generals from the Pentagon, the Sixth Army and the National Guard, dozens of lesser officers, police chiefs and sheriffs from as far east as Washington, D.C., California state legislators, a dozen Military Intelligence officers and executives from telephone, utility and defense-contract companies -- Governor Ronald Reagan took the microphone. It was a week after he had promised to keep California's universities open at the point of a bayonet, if necessary. "You know," he began, "there are people in the state who, if they could see this gathering right now and my presence here, would decide that their worst fears and convictions had been realized -- I was planning a military takeover."
The Cable Splicer II war games, which were played a month later, would only have reinforced those fears and convictions. The games were organized around 23 existing political jurisdictions, usually at the city, county or regional level, across California. On the scheduled morning, the controllers, players, monitors and observers gathered in the emergency operations center," usually the radio room of the county sheriff or of the largest participating police department. In some cases, a National Guard armory was used. Among the participants were senior National Guard officers and their Army advisers, senior police and sheriff's officers and telephone and utility company executives. The soldiers always wore civilian clothing and took all precautions to disguise the military's cooperation with the police.
By the time the participants gathered in the emergency operations center, anywhere from six weeks to six months of preparation had already been invested in the game. Initial orders had been transmitted from the Army command to the state National Guard headquarters, where, with the help of Army advisers, the scenarios were drafted. On every level, in every way, military men worked closely with police officers. In California the Guard prepared two special intelligence documents, titled "Special Intelligence Summary" and "Organizations and Personalities." Although their content is unknown, apparently they supply intelligence data on California citizens and political organizations. Asked if that were true, Lt. Col. Frank Salcedo, public information officer for the California Guard and a Cable Splicer planner since 1969, answered rhetorically: "Well, how else could you do it?" Copies of both documents were sent to Cable Splicer planners to help them create realistic skirmishes. On their end, local policemen prepared their own special intelligence summaries featuring the "best described dissident activity" for their community, targeting either racial, student or labor unrest. Finally, over 1,200 preplanned intelligence reports on supposedly imaginary events, people and organizations, carefully pasted to IBM cards, were provided to help generate the make-believe war.
With everything ready, it's time to begin. The clock reads 0800 hours. The players listen to a special intelligence summary, learning the background of the civil disturbance that has led up to the current "emergency." At that point, the "controllers" -- usually the senior National Guard officers and their Army advisers -- begin play, feeding the IBM-card preplanned intelligence reports of dissident activity to the players. Seated at rows of desks dotted with telephones, facing a "situation map" of their community, the players respond to the unfolding scenario. They are the thin blue line standing between order and anarchy.
The situation escalates. In Phase I of the scenario possessed by New Times, an arrest and shooting provoke crowd unrest and threats against public officials. Fourteen hours later (not real time: he riot unfolds like a time-phased movie of a chicken hatching) a major incident" occurs -- a police car is ambushed and an officer is wounded, a minority group member is killed and two others are injured. This is followed by "minority group charges [that] police planned [the] shooting incident" and "threats of retaliation." A day passes. Intelligence reports indicate "probable widespread activity momentarily." Apparently the reports are accurate, for Phase I ends with the arrival of a "chartered flight" carrying "70 persons" -- apparently radicals -- who are picked up at the airport by friends in 20 separate automobiles.
Phase II begins two hours later with the ambush of several police cars, the attempted assassination of the mayor, the bombing of local armories, the destruction of vehicles and ammunition stocks and the gathering of thousands of people in the streets. County and state police and police from other cities are called in. Previous intelligence reports have proved prophetic, but within the next few hours "two distinct and conflicting intelligence reports develop." The players decide that the first, which indicates "widespread support for general insurrection, is unreliable and invalid." They rely on the second one, which identifies "limited but violent activity planned and executed by a relatively few individuals with virtually no popular support. There are soon reports of "scattered incidents of guerrilla activity."
As Phase III opens, intelligence reports pouring into the Emergency Operations Center disclose more fire-bombings, attempted assassinations of public officials, hoarding of water in certain areas and sniping at fire trucks. The streets remain filled with thousands of people, and the National Guard is called to active duty. Intelligence notes that the "crowds [are] not violent yet and should be dispersed before becoming sympathetic to guerrillas." But the police and National Guard aren't quick enough. Reports soon come in of window-mashing and looting. The crowds are now violent, and as Phase III ends the Guard is unable to deal with the riots.
What happens next is unclear. The scenario possessed by New Times says only, "It is now 96 hours later," followed by these cryptic entries: "Situation well under control. No major incidents last 24 hours. Intelligence: remaining loose militants cannot get support for further violence."
How has order been restored? We can only guess. It is known that during this period the U.S Army is called in to bail out the National Guard. At their disposal, according to the game plan, there are heavy artillery, armor, chemical and psychological warfare teams and tactical air support. "Complete coverage day and night" is offered by observation helicopters coordinated with ground patrols. To impress the populace, armored vehicles and "saturation of areas with police and military patrols" are two recommended tactics, Cable Splicer players are instructed to "evacuate civilians to preclude their interference with operation and/or to insure their safety." They are also coached in techniques of emergency relief supply, temporary shelters "for civilians whose homes have been destroyed," collection of privately owned weapons and other techniques useful for the rule of war-torn provinces.
The question of secrecy
Cable Splicer was conducted in secrecy, and even today the Pentagon cover-up continues.
There was no attempt to hide the war games, according to Col. Anthony L. Palumbo, deputy controller of Cable Splicers II and III. But his statement is flatly contradicted by another participant, Lt. Col. Frank Salcedo. Asked last June if he regretted any aspect of the exercises, Salcedo said, "Yes, the secrecy." He confirmed that the entire operation had been conducted under wraps.
The documents support Salcedo. The official plan forbids all advance publicity, and warns that if either the war games or the governor's pep rallies are discovered, the two are not to be connected. And if that defense line is breached, there's another line to fall back on: The role of the Sixth Army is to be concealed. Throughout the sessions, military participants are to dress in civvies "to prevent adverse publicity or misleading psychological effects." No cable splicer is to arrive at a local police department in a military vehicle. Finally, all participating troops are warned not to talk about their classified orders. As one former game-player recalled, some papers were "read and eat." "Strict document and information control" was urged at "all levels," particularly in regard to the "realistic problem areas and technical information contained in the scenario."
So last week Col. Palumbo denied everything. (Palumbo, formerly chief of Police/Community Relations for the Law Enforcement Assistance Administration in Washington, returned this month to his job with the Guard after a six-month tour with the Army's Forces Command Center as an "action type" whose primary responsibility was implementing Garden Plot contingency plans.) He denied any connection between Cable Splicer and Garden Plot, between the governor's orientation conference and the war games, between the Army and Cable Splicer -- although he conceded that the Army donated some money ($95 million of the California National Guard's $100 million budget last year) and that Cable Splicer was run as a National Guard training exercise.
The cover-up continues.
Do the police detain radical leaders, leaving only some "remaining loose militants"? How do they extract the militants from the thousands of less committed supporters? At last the Military Intelligence domestic surveillance program begins to make some sense. In the winter of 1967-8, as Garden Plot and subplans such as Cable Splicer were developed, Military Intelligence sent domestic operatives countrywide to organize political intelligence units, compiling data eventually stored in the Pentagon domestic war room computer. Was that information the basis for the "hypothetical" war games? In the exercise directive's "security guidance" paragraph is the following order: "Names of real militant or dissident organizations will not be used. For development of problem play, fictitious names will be used." Are the directors of this secret military project worried about slander lawsuits? Or are they simply notifying local forces not to draw on the police or military intelligence lists of "real militant or dissident organizations?"
There are other questions surrounding these mysterious 96 hours. How can such military sweeps be justified legally short of a declaration of martial law? Cable Splicer scenarios provide for "an orderly progression from state to federal control." Perhaps it is not accidental that "martial rule" is the first subject discussed in a special training course on "Legal Aspects of Managing Civil Disorders" that is taught at the California National Guard's training academy. An off-shoot of one of the five prongs in the Army task force's original report on civil disorder, this course for senior officers fits with Cable Splicer.
The Senior Officers Civil Disturbance Course (SEADOC) was established at the Military Police Academy at Fort Gordon, Georgia (recently transferred to Fort McClellan, Alabama), to train high military and civil officers. Using identical language, the After Action reports for both Cable Splicer II and the later Cable Splicer III call for the creation of another school, offering a "long range training program" to provide "exchange of law enforcement officers and military officers" with the goal of establishing "a nucleus of officers (both law enforcement and military) at every level of government who were conversant with the doctrine, tactics, of each other." Their prayer was answered by the creation in May 1971 of the California Specialized Training Institute.
The Civil Emergency Management Course Manual at the San Luis Obispo school is a virtual handbook for the counterrevolution. Examining the motives behind "revolutionary activity," the manual author finds the causes legitimate, the frustration often well-justified, the "revolutionaries" basically sincere. That is exactly why the threat is so dangerous. The manual and the course describe how that threat should be met. The methods? Press manipulation, computerized radical spotting, logistical support from other agencies, martial rule. Three days of preparation lead up to a day-long game, Cable Splicer-style, based on a hypothetical riot in the mythical town of Santa Luisa. After seven hours of war, there is a critique and another work session. A last day is highlighted by discussions of "reduced lethality weapons" and student movement infiltrators.
Between September 1971 and May 1975, 4,063 officials of the National Guard, the Army, local police forces, fire services, city government, courts, legislatures, utilities, prisons and private corporations attended this course in San Luis Obispo. They are the "nucleus of officers ... at every level of government" called for in the Cable Splicer II and the Cable Splicer III After Action reports. They came from nearly every state west of the Mississippi and some east. Other officials, mostly from the East, take a very similar course given by SEADOC in Fort Gordon. And the teaching continues. Last September was the beginning of a new academic year in San Luis Obispo, the start of the first of 17 one-week Civil Emergency Management courses.
The San Luis Obispo school teaches soldiers as well as commanders. The most well-known alumni of this and similar programs are the law officers who systematically slaughtered the Symbionese Liberation Army cohorts of Patricia Hearst. That televised massacre occurred only six months after the November 1973 graduation of the first 40 students at the San Luis Obispo special weapons and tactics (SWAT) program. SWAT teams are the Green Berets of the ghettos. "If you know about LURP (Long Range Reconnaissance Patrol teams, the 'regular' Army version of the Green Berets]," says Commandant Louis O. Giuffrida, "then you know what SWAT is, adapted of course to domestic needs in an urban setting." Like LURP teams, SWAT teams consist of five men, including a sniper, a shotgun man, an automatic weapons man, a scout and a team leader. One California police official, begging anonymity, called them "the outlaws of the police." They are urban guerrillas. At San Luis Obispo, the name SWAT, with its unpleasant connotations, has been replaced by the more antiseptic SERT (Special Emergency Reaction Teams). SERT officers are the triggermen, the enforcers, for their higher-level colleagues who study at the same academy. They are taught not only how to act on the streets but how to defend their actions in a courtroom. For instance, SERT trainees are read two examples of testimony by a police officer who has choked a prisoner. The first explanation makes the act defensible, the other leaves the officer culpable.
It is not publicly known how many SWAT men have been trained since the various Garden Plot subplans created a pressing need for them. Over 1,400, including campus and utility company security police, have been instructed at the San Luis Obispo academy since November 1973. Another 15 or more classes of at least 50 students each are scheduled for the current academic year. In addition, the FBI has coached officers from at least 450 police departments across the country. In Los Angeles County alone, criminal justice authorities plan to train 10,000 police in a variation of SWAT (Disturbance and Riot Training) by 1977.
The Pentagon and California State officials all deny any connection between SEADOC in Fort Gordon, Georgia, and the San Luis Obispo academy. The facts contradict them. At the Cable Splicer III After Action conference, talking not to the hostile press but to a sympathetic audience, Col. Anthony L. Palumbo promised that the forthcoming California academy at San Luis Obispo would "duplicate" Fort Gordon's SEADOC facility. That was in late spring 1970. A year later, the staff of the California Specialized Training Institute at San Luis Obispo had assembled under Commandant Louis O. Giuffrida, a 30-year Army veteran who retired as a full colonel in the Military Police Academy at Fort Gordon to take his new job. Robert L. Wyngard, a SEADOC instructor, accompanied Giuffrida to San Luis Obispo as the director of instruction. No wonder the courses at the two academies are so similar. Another explanation for the similarity is their shared source of funding: The Law Enforcement Assistance Administration bankrolled SEADOC's expansion in May 1971 and planted a $425,000 seed in San Luis Obispo.
Thumbing through the pages of Cable Splicer last summer, Congressman Clair Burgener (R-Calif.) shakes his head in disbelief. Burgener is a staunch conservative who attended Governor Reagan's Cable Splicer II kickoff conference over six years earlier. He has never heard of Cable Splicer. "I've read Seven Days in May and all those scare books, and...." He hesitates, searching for words. "And they're scary!" He never knew that the brief public relations luncheon he barely remembers was connected to a series of military-police war games. "If this was going on in this spirit," he says, "they were certainly pulling the wool over the eyes of the invited guests." He reads for half an hour and then leans back in his chair. "Well, I'll be damned!" he exclaims. "This is what I call subversive."
In the office of the Senate Subcommittee on Constitutional Rights, chaired by Senator John Tunney since Ervin's retirement last year, chief counsel Doug Lee devotes over four hours to the three big loose-leaf binders. First he chuckles occasionally, and then his chuckles turn to giggles of amazement. "Incredible," he mutters again and again. "Unbelievable." Giggle. "These guys are crazy!" Giggle. "We're the enemy! This is civil war they're talking about here. Half the country has been designated as the enemy." And in another Senate office, Britt Snider, who worked for Ervin on Military Intelligence and is now with Senator Frank Church's Select Committee on Intelligence, thumbs through the papers and observes, "If there ever was a model for a takeover, this is it."
It is hardly remarkable that government officials developed methods of dealing with the disorders that rocked the nation for almost a decade. What is shocking is the secrecy of the program, the deliberate and continuing cover-up, the disregard of the careful restraints on the military that are fundamental to democratic society, and the rabidly reactionary quality of the organization's leader. "We are in a revolution," California Chief Deputy Attorney General Charles O'Brien told his Cable Splicer III audience in May 1970. "Here in this room today," chipped in prosecutor Buck Compton, "we have at least a nucleus of people who should be able to, in some measure, contribute to the counter-revolution." In his opening address, Glenn C. Ames, Commanding General of the California National Guard, told the throng, "The avowed mission of these anarchists and revolutionaries is to bring America to its knees, to destroy our present system of government, to defeat 'the establishment' at every turn, and to replace this with absolutely nothing but irresponsibility, a drug culture, and permissiveness." The "one thing" everyone in the room had in common, declared John A. McAllister of the L.A. police, to the crowd of military officers, policemen, civilian officials and business executives, "is that we recognize that the nation is involved in a revolution."
Documents for Cable Splicer continue only through the sixth and apparently final session on December 16, 1972, and Cable Splicer covers only four Western states. But Brig. Gen. J. L. Jelinek, senior Army officer in the Pentagon's National Guard Bureau, said last July that he knows of "no state that didn't have some form of this [civil disturbance control] exercise within the last year" under different code names. Although the Army claims to have de-emphasized the program recently, there is strong evidence that they have merely decentralized it. Every National Guard headquarters now has an Emergency Operations Center, says Colonel Zane Kortum, recently retired deputy director of the Pentagon Directorate. Each EOC boasts a full-time staff using multiple lines of communication to the Pentagon's domestic war room, with access to the computerized intelligence systems. The Army told Senator Ervin that it destroyed those records, but now, apparently contradicting Einstein's law of the conservation of matter, these intelligence files have recently been discovered in the Pentagon's cavernous underground computer facilities at Mount Weather, W.Va.
The Cable Splicer III conference met just three weeks after National Guard troops shot and killed students at Kent State and Jackson State. A year later, other law enforcement officials staged mass sweeping arrests at the Mayday demonstrations in Washington, arrests that have recently been declared illegal. How are these and scores of other police actions related to Garden Plot and subplans like Cable Splicer? Congressional investigators are looking into it. Another unanswered question is the extent of White House involvement.
Bob Brower, a staff assistant to Congressman Ron Dellums, believes that some acts contemplated under Garden Plot scenarios may be violations of the law. The program's greatest danger, Brower says. is that it creates "a mechanism that could easily be used to abridge civilian, or at least democratic, control of the government."
The generals and their cohorts talk a great deal about constitutionality, but their version of the Constitution does not seem to include the Bill of Rights. At the Cable Splicer II conference, Chief Deputy Attorney General Charles O'Brien attacks the First Amendment repeatedly, arguing at one point that if the Constitution prevents the police from gathering political intelligence, then the Constitution goes too far. Deputy Attorney General Buck Compton declares that "free speech, civil rights, rights to assembly" have all become "cliches." "Dissidents and revolutionaries," he points out, "go beyond ... honest dissent, honest and proper use of the right of free speech."
The concept of "dishonest dissent is crucial to Cable Splicer and Garden Plot. This is a revolution, and anything goes. A civil disturbance anywhere in this state," says O'Brien, "is an attack on the state itself." Anyone who attacks the state, even verbally, becomes a revolutionary and an enemy, by definition. Speakers at Cable Splicer III condemned university administrators who demur at giving the police free rein on the campuses; parents of "would-be revolutionaries" who support their children; and legislators who investigate police actions. But their real venom is reserved for the demonstrators. These "guerrillas" are enemies of society," "vandals, visigoths, and huns of the twentieth century," "modern day barbarians," "Brown Shirts," "kooks and "VC." They are the enemy, and they will be destroyed. The streets may be quiet these days, but the Pentagon will not be caught napping. In communities across the country, a new generation of enforcers waits for the revolution that they have been taught to recognize and trained to crush.
Ron Ridenhour, the Tempe, Arizona, correspondent of New Times, spent several months gathering information for this article. The Fund for Investigative Journalism supported some of his research. Arthur Lubow is a free lance writer living in New York.
The following two items are treatments of the "non-lethal weapons" trend, and the second include some valuable hints on Al Gore's sympathies. (I believe Janet Morris and Al Gore are both Maitreyans.) There is also some treatment of the wacky stuff these people are involved in, and might even believe in (UFO's, ESP crap, yadda yadda yadda).
An Appraisal of Technologies of Political Control, by Steve Wright, under the auspices of the European Parliament, is a much lengthier treatment of the subject. Also see Multiservice Procedures for the Tactical Employment of Nonlethal Weapons (528K, PDF), a 1998-Oct publication of the US Air-Land-Sea Application Center that is current authoritative US military doctrine.
from the Associated Press, 1999-Feb-22:
Hartford police add less lethal weapons
HARTFORD, Conn. (AP) - The city police department has joined the growing number of law enforcement agencies across New England and the nation using a new breed of weapon - one usually associated with children's games.
They are shotguns loaded with beanbags. The aim is to temporarily disable suspects without inflicting serious injury.
Officer Louis Crabtree recently "beaned" a 34-year-old city man, hitting him in the back and the chest.
Police said the man, wanted for questioning about a quarrel he had with his ex-wife, told the officer to "Go ahead kill me!"
With his wrists still bleeding from a suicide attempt, the man pulled out a knife, polie said. He refused to drop the weapon and Crabtree finally beaned him twice.
The weapons are categorized as "less-lethal," along with rubber buckshots, sticky foam, guns that deliver a jolt of electricity and bombs that emit a loud noise and a blinding light to momentarily confuse a suspect.
Beanbag shells, tiny lead-pellet-filled projectiles that are discharged from a regular shotgun, are among the most widely used less-lethal ammunitions.
Many of these devices were developed for the military. But just as the armed forces are giving up combat missions for peacekeeping duties, many law enforcement agencies are searching for ways to reduce their reliance on deadly force.
"Everyone talks about a kinder, gentler police department. This is part of it," said Hartford police Sgt. John Schmaltz. "In this day and age, you've got to find other means to deal with violent people."
In 1985 the U.S. Supreme Court placed limits on the use of deadly force.
The case involved the shooting by police of a 15-year-old Memphis boy who fled the scene of a $10 burglary. The court ruled that the use of lethal force to apprehend an apparently unarmed and nonviolent fleeing felon is a violation of the U.S. Constitution.
In Connecticut, state police have been using beanbag shells in tactical situations for about three years. Police in Hartford plan wider use of beanbags. West Hartford recently purchased beanbag rounds and plans to put them in action later this year.
Despite their growing popularity, these new weapons will not replace traditional guns.
Officers are trained to use less-lethal weapons only when accompanied by another officer carrying a gun loaded with real bullets, just in case the beanbag misses or the rubber pellet falls short, said Schmaltz.
from http://www.brotherblue.org/brethren/penguin3.htm:
Non-Lethality: John B. Alexander, The Pentagon's Penguin
(from Lobster Magazine, which specialises in intelligence and conspiracy matters, and is published twice yearly.)
On April 22, 1993, both BBC1 and BBC2 showed on their main evening news bulletins a rather lengthy piece concerning America's latest development in weaponry - the non-lethal weapons concept. David Shukman, BBC Defence Correspondent interviewed (Retired) U.S. Army Colonel John B. Alexander and Janet Morris, two of the main proponents of the concept (1). The concept of non-lethal weapons is not new. Non-lethal weapons have been used by the intelligence, police and defence establishments in the past (2). Several western governments have used a variety of non-lethal weapons in a more discreet and covert manner. It seems that the U.S. government is about to take the first step towards their open use.
The current interest in the concept of non-lethal weapons began about a decade ago with John Alexander. In December 1980 he published an article in the U.S. Army's journal, MILITARY REVIEW, "The New Mental Battlefield," referring to claims that telepathy could be used to interfere with the brain's electrical activity. This caught the attention of senior Army generals who encouraged him to pursue what they termed "soft option kill" technologies.
After retiring from the Army in 1988, Alexander joined the Los Alamos National Laboratories and began working with Janet Morris, the Research Director of the U.S. Global Strategy Council (USGSC), chaired by Dr. Ray Cline, former Deputy Director of the CIA (3). I examine the background of Janet Morris and John Alexander in more detail below.
Throughout 1990 the USGSC lobbied the main national laboratories, major defence contractors and industries, retired senior military and intelligence officers. The result was the creation of a Non-lethality Policy Review Group, led by Major General Chris S. Adams, USAF (retd.) former Chief of Staff, Strategic Air Command (4). They already have the support of Senator Sam Nunn, chair of the Senate Armed Services Committee. According to Janet Morris, the military attache at the Russian Embassy has contacted USGSC about the possibility of converting military hardware to a non-lethal capability.
In 1991 Janet Morris issued a number of papers giving more detailed information about USGSC's concept of non-lethal weapons (5). Shortly after, the U.S. Army Training and Doctrine Command at Fort Monroe, VA, published a detailed draft report on the subject titled "Operations Concept for Disabling Measures." The report included over twenty projects in which John Alexander is currently involved at the Los Alamos National Laboratories.
In a memorandum dated April 10, 1991, titled "Do we need a Non-lethal Defense initiative?" Paul Wolfwitz, Under Secretary of Defense for Policy, wrote to Defense Secretary Dick Cheney, "A U.S. lead in non-lethal technologies will increase our options and reinforce our position in the post-Cold War world. Our Research and Development efforts must be increased."
HOW LETHAL IS NON-LETHAL?
To support their non-lethal weapons concept, Janet Morris argues that while "war will always be terrible... a world power deserving its reputation for humane action should pioneer the principles of non-lethal defense (6)." In "Defining a non-lethal strategy," she seeks to establish a doctrine for the use of non-lethal weapons by the U.S. in crisis "at home or abroad in a life serving fashion." She totally disregards the offensive, lethal aspects inherent in some of the weapons in question, or their misuse, should they become available to "rogue" nations. Despite her arguments that non-lethal weapons should serve the U.S.'s interests "at home and abroad by projecting power without indiscriminately taking lives or destroying property (7)," she admits that "casualties cannot be avoided (8)."Closer examination of the types of weapons to be used as non-lethal invalidates her assertions about their non-lethality. According to her white paper, the areas where non-lethal weapons could be useful are "regional and low intensity conflict (adventurism, insurgency, ethnic violence, terrorism, narco-trafficking, domestic crime) (9)." She believes that "by identifying and requiring a new category of non-lethal weapons, tactics and strategic planning" the U.S. can reshape its military capability "to meet the already identifiable threats" that they might face in a multipolar world "where American interests are globalized and American presence widespread (10)."
THE POTENTIAL INVENTORY
Janet Morris' "White Paper" recommends "two types of life-conserving technologies":
ANTI-MATERIAL NON-LETHAL TECHNOLOGIES To destroy or impair electronics, or in other ways stop mechanical systems from functioning. Amongst current technologies from which this category of non-lethal weapons would or could be chosen are:
- Chemical and biological weapons for their anti-materiel agents "which do not significantly endanger life or the environment, or antipersonnel agents which have no permanent effects (11)."
- Laser blinding systems to incapacitate the electronic sensors, or optics, i.e. light detection and ranging. Already the Army Infantry School is developing a one-man portable and operated laser weapons system known as the Infantry Self-Defense System. The U.S. Army's Armament Research, Development and Engineer Center (ARDEC), is also engaged in the development of non-lethal weapons under their program called "Low Collateral Damage Munitions" (LCDM). The LCDM is trying to develop technolgies leading to weapons capable of dazzling and incapacitating missiles, armoured vehicles and personnel.
- Non-lethal electromagnetic technologies.
- Non-nuclear Electromagnetic Pulse weapons (12). As General Norman Schwartzkopf has told the U.S. Joint Chiefs of Staff, one such weapon stationed in space with a wide-area-pulse capacity has the ability to fry enemy electronics. But what would be the fate of enemy personnel in such a scenario? In a join project with the Los Alamos National Laboratories and with technical support from the Army's Harry Diamond Laboratories, ARDEC are developing High Power Microwave (HPM) Projectiles. According to ARDEC, the Diamond lab has already "completed a radio frequency effects analysis on a representative target set" for (HPM).
- Among the chemical agents, so-called supercaustics -- "Millions of times more caustic than hydrofluric acid (13)" -- are prime candidates. An artillery round could deliver jellied super-acids which could destroy the optics of heavily armoured vehicles or tanks, vision blocks or glass, and "could be used to silently destroy key weapons systems (14)."
On less lethal aspects the use of net-like entanglements for SEAL teams, or "stealthy" metal boats with low or no radar signature, "for night actions, or any seaborne or come-ashore stealthy scenario" are under consideration (15). More colourful concepts are the use of chemical metal embrittlement, often called liquid metal embrittlement and anti-materiel polymers which would be used in aerosol dispersal systems, spreading chemical adhesives or lubricants (i.e. Teflon-based lubricants) on enemy equipment from a distance.
ANTI-PERSONNEL NON-LETHAL TECHNOLOGIES
- Hand-held lasers which are meant "to dazzle," could also cause the eyeball to explode and to blind the target.
- Isotropic radiators - explosively driven munitions, capable of generating very bright omni-directional light, with similar effects to laser guns.
- High-power microwaves (HPM) - U.S. Special Operations command already has that capability within their grasp as a portable microwave weapon (16). As Myron L. Wolbarsht, a Duke University opthalamist and expert in laser weapons stated: "U.S. Special Forces can quietly cut enemy communications but also can cook internal organs (17)."
- Another candidate is Infrasound - acoustic beams. In conjunction with the Scientific Applications and Research Associates (SARA) of Huntingdon, California, ARDEC and Los Alamos laboratories are busy "developing a high power, very low frequency acoustic beam weapons." They are also looking into methods of projecting non-diffracting (i.e. nonpenetrating) high frequency acoustic bullets. ARDEC scientists are also looking into methods of using pulsed chemical lasers. This class of lasers could project "a hot, high pressure plasma in the air in front of a target surface, creating a blast wave that will result in variable but controlled effects on material and personnel."
- Infrasound. Already some governments have used it as a means of crowd control - e.g. France.
- Very low frequency (VLF) sound (20-35 KHz), or low frequency RF modulations can cause nausea, vomiting and abdominal pains. "Some very low frequency sound generators, in certain frequency ranges, can cause the disruption of human organs and, at high power levels, can crumble masonry (18)." The CIA had a similar program in 1978 called Operation Pique, which included bouncing radio or microwave signals off the ionosphere to affect mental functions of people in selected areas, including Eastern European nuclear installations (19).
JOHN ALEXANDER
The entire non-lethal weapon concept opens up a new Pandora's Box of unknown consequences. The main personality behind it is retired Colonel John B. Alexander. Born in New York in 1937, he spent part of his career as a Commander of Green Berets Special Forces in Vietnam, led Cambodian mercenaries behind enemy lines, and took part in a number of clandestine programmes, including Phoenix. He currently holds the post of Director of Non-lethal Programmes in the Los Alamos National Laboratories.Alexander obtained a BaS from the University of Nebraska and an MA from Pepperdine University. In 1980 he was awarded a PhD from Walden University (20) for his thesis "To determine whether or not significant changes in spirituality occur in persons who attended a Kubler-Ross life/death transition workshop during the period June through February 1979." His dissertation committee was chaired by Elizabeth Kubler-Ross.
He has long been interested in what used to be regarded as "fringe" areas. In 1971, while a Captain in the infantry at Schofield Barracks, Honolulu, he was diving in the Bimini Islands looking for the lost continent of Atlantis. He was an official representative for the Silva mind control organisation and a lecturer on Precataclysmic Civilisations (21). Alexander is also a past President and a Board member of the International Association for Near Death Studies; and, with his former wife, Jan Northup, he helped Dr. C.B. Scott Jones perform ESP experiments with dolphins (22).
PSI-TECH
Retired Major General Albert N. Stubblebine (Former Director of U.S. Army Intelligence and Security Command) and Alexander are on the board of a "remote viewing" company called PSI-TECH. The company also employs Major Edward Dames (ex Defence Intelligence Agency), Major David Morehouse (ex 82nd Airborne Division), and Ron Blackburn (former microwave scientist and specialist at Kirkland Air Force Base). PSI-TECH has received several government contracts. For example, during the Gulf War crisis the Department of Defense asked it to use remote viewing to locate Saddam's Scud missiles sites. Last year (1992) the FBI sought PSI-TECH's assistance to locate a kidnapped Exxon executive (23).With Major Richard Groller and Janet Morris as his coauthors, Alexander published THE WARRIOR'S EDGE in 1990 (24). The book describes in detail various unconventional methods which would enable the practitioner to acquire "human excellence and optimum performance" and thereby become an invincible warrior (25). The purpose of the book is "to unlock the door to the extraordinary human potentials inherent in each of us. To do this, we, like governments around the world, must take a fresh look at non-traditional methods of affecting reality. We must raise human consciousness of the potential power of the individual body/mind system -- the power to manipulate reality. We must be willing to retake control of our past, present, and ultimately, our future (26)."
Alexander is a friend of Vice President Al Gore Jnr, their relationship dating back to 1983 when Gore was in Alexander's NeuroLinguistic Programming (NLP) class. NLP "presented to selected general officers and Senior Executive Service members (27)" a set of techniques to modify behaviour patterns (28). Among the first generals to take the course was the then Lieutenant General Maxwell Thurman, who later went on to receive his fourth star and become Vice-Chief of Staff at the Army and Commander Southern Command (29). Among other senior participants were Tom Downey and Major General Stubblebine, former Director of the Army Intelligence Security Command.
"In 1983, the Jedi master (from the Star Wars movie - author) provided an image and a name for the Jedi Project (30)." Jedi Project's aim was to seek and "construct teachable models of behaviorable/physical excellence using unconventional means." (31) According to Alexander the Jedi Project was to be a follow-up to Neuro-Linguistic Programming skills. By using the influence of friends such as Major General Stubblebine, who was then head of the U.S. Army Intelligence and Security Command, he managed to fund Jedi. In reality the concept was old hat, re-christened by Alexander. The original idea which was to show how "human will power and human concentration affect performance more than any other single factor (32)" using NLP skills, was the brainchild of three independent people; Fritz Erikson, a Gestalt therapist, Virginia Satir, a family therapist and Erick Erickson, a hypnotist.
JANET MORRIS
Janet Morris, co-author of The Warrior's Edge, is best known as a science fiction writer but has been a member of the New York Academy of Sciences since 1980 and is a member of the Association for Electronic Defense. She is also the Research Director of the US Global Strategy Council (USGSC). She was initiated into the Japanese art of bioenergetics, Joh-re, the Indonesian brotherhood of Subud, and graduated from the Silva course in advanced mind control.She has been conducting remote-viewing experiments for fifteen years. She worked on a research project investigating the effects of mind on probability in computer systems. Her husband, Robert Morris, is a former judge and key member of the American Security Council.
In a recent telephone conversation with the author, Janet Morris confirmed John Alexander's involvement in mind control and psychotronic projects in the Los Alamos National Laboratories. Alexander and his team have recently been working with Dr. Igor Smirnov , a psychologist from the Moscow Institute of Psychocorrections. They were invited to the US after Janet Morris' visit to Russia in 1991. There she was shown the technique which was pioneered by the Russian Department of Psycho-Correction at Moscow Medical Academy. The Russians employ a technique to electronically analyze the human mind in order to influence it. They input subliminal command messages, using key words transmitted in 'white noise' or music.
Using an infrasound very low frequency-type transmission, the acoustic psycho-correction message is transmitted via bone conduction -- ear plugs would not restrict the message. To do that would require an entire body protection system. According to the Russians the subliminal messages bypass the conscious level and are effective almost immediately.
[...]
Alexander and C.B. Jones are members of the AVIARY, a group of intelligence and Department of Defense officers and scientists with a brief to discredit any serious research in the UFO field [UFO "field?" I guess this is like theology: a field that purports to be about one thing, but is actually about people's faith in that actually non-existent thing -Ed.]. Each member of the Aviary bears a bird's name. Jones is FALCON; John Alexander is PENGUIN.
[...]
Just before the publication of my first paper unmasking two members of the AVIARY, I was visited by two of their members (MORNING DOVE and HAWK) who had travelled to the UK with a message from the senior ranks advising me not to go ahead with my expose. I rejected the proposal.Immediately after the publication of that paper, and with the full knowledge that myself and a handful of colleagues knew the true identities of their members, John B. Alexander confessed that he was indeed a member of the AVIARY, nicknamed PENGUIN. The accuracy of our information was further confirmed to me by yet another member of the AVIARY -- Ron Pandolphi, PELICAN. Pandolphi is a Ph.D. in physics and works at the Rocket and Missile section of the Office of the Deputy Director of Science and Technology, CIA.
In his book, Out There, the New York Times journalist Howard Blum refers to "a UFO Working Group" [PsyOp red flag -Ed.] within the Defense Intelligence Agency. Despite DIA's repeated denials, the existence of this working group has been confirmed to me by more than one member of the group itself, including an independent source in the Office of Naval Intelligence. The majority of the group's members are senior members of the AVIARY: Dr. Christopher Green (BLUEJAY) from the CIA, Harold Puthoff (OWL), ex-NSA; Dr. Jack Verona (RAVEN), DoD, one of the initiators of the DlA's Sleeping Beauty project which aimed to achieve battlefield superiority using mind-altering electromagnetic weaponry; John Alexander (PENGUIN); and Ron Pandolphi (PELICAN).
The mysterious "Col. Harold E. Phillips" who appears in Blum's Out There, is none other than John B. Alexander.
John Alexander's position as the Program Manager for Contingency Missions of Conventional Defense Technology, Los Alamos National Laboratories, enabled him to exploit the Department of Defense's Project Reliance "which encourages a search for all possible sources of existing and incipient technologies before developing new technology in-house" to tap into a wide range of exotic topics, sometimes using defense contractors, e.g., McDonnell Douglas Aerospace. I have several reports, some of which were compiled before his departure to the Los Alamos National Laboratories when he was with Army Intelligence, which show Alexander's keen interest in any and every exotic subject -- UFOs, ESP, psychotronics, --> -- anti-
gravity devices [Can you say "fruitcake?" -Ed.], near-death experiments, psychology warfare and non-lethal weaponry. John Alexander utilises the bank of information he has accumulated to try to develop psychotronic, psychological and mind weaponry. He began thinking about non-lethal weapons a decade ago in his paper, "The New Mental Battlefield." He seems to want to become a 'Master.'
If they ever succeed in this ambition, the rest of us ordinary mortals had better watch out.
from TPDL 2000-Jun-26, from Insight Magazine, by Sean Paige:
Rescue Agency Requests Refunds but Gets Rebukes
Like nostalgia, disaster just isn't what it used to be. Nor, it seems, is gratitude.
There was a time when declaring one's state, county or city a ``federal disaster area'' was a pretty big deal a response reserved for the seven-year locusts and 100-year floods (or is it 100-year locusts and seven-year floods?). But today, since our locustlike politicians have learned to use even modest natural anomalies to their political advantage, such ``disasters'' are being declared a dime a dozen, with the Federal Emergency Management Agency, or FEMA, getting the call every time a basement floods, a well runs dry or the shack built on stilts on the banks of Old Muddy gets carried away with a goat on the roof.
FEMA has been there for the states (and the politicians) and felt their pain (and their need to pander), generously paying out $25 billion for disaster relief in the last decade but now is raising a hue and cry from those same states by suggesting that emergency funds that they misspent be repaid to the U.S. Treasury. Auditors within the agency's Office of Inspector General (probably the only office in this or any agency that cares about how the taxpayers' money gets spent, not just that it does get spent and as quickly as possible) have identified $442 million in emergency funds that should be returned, according to a review of their reports by the Associated Press a number expected to increase as audits continue. But it is a request that a number of the ingrate states are resisting.
Many of the FEMA refund requests came after auditors discovered that the repair work for which monies were earmarked wasn't completed, or that recipients had been double-dipping, getting paid both by FEMA and insurers for mitigating the same ``disaster.'' In one case, the New Orleans sheriff's office was asked to return $56,000 received from FEMA for flood cleanup work that was performed free by prisoners. California was asked to repay $1.4 million it received for fighting a wildfire but which it had recovered from a negligent party in a civil lawsuit. And $15 million in emergency payments made to one Georgia university were questioned because the money not only was spent to repair 1994 flood damage but also used to upgrade the facility, in violation of FEMA policy.
But despite these and many other cases, FEMA officials seem almost apologetic in asking for the refunds and are bending over backward not to impugn anyone's actions or motives concerning the misspent monies. ``I don't think a very high percentage of local governments and states knowingly try to rip off the disaster program,'' said FEMA Director James Lee Witt. ``I think there are mistakes made at different times.''
from TPDL 1998-Nov-4, from the Washington Post, by Charles R. Babcock, Staff Writer, from Page A04:
'Emergency' Funding Creates Windfall of Bonus Bucks
The Agricultural Research Service is scrambling to find ways to spend the sudden six-fold increase in its counterdrug budget. The FBI is pleased at the idea of getting use of a new $40 million Gulfstream executive jet -- though it never formally asked for one. And the Pentagon isn't sure what it's supposed to do with an extra $1 billion for ballistic missile defense.
Those items are among $21 billion designated as "emergency" appropriations in the massive spending bill Congress passed before leaving town last month. Though a small part of the $500 billion bill, the emergency package -- the largest ever -- was a focus of attention because it contained billions for disaster- stricken farmers, troops in Bosnia and increased security at U.S. embassies.
It was also controversial. Fiscal conservatives accused the administration and congressional leaders of misusing the "emergency" label to increase government spending in an election year. Some junior House Republicans also denounced the maneuver for eating into the budget surplus that both parties claimed to be preserving to save Social Security.
Budget rules enacted in 1990 set strict limits on spending, requiring lawmakers to make offsetting cuts equal to any spending increases. The exception was for unforeseen, short- term, one-time emergencies. Linda Ricci, spokeswoman of the Office of Management and Budget, said the emergency provisions are needed to deal with unpredictable events such as earthquakes.
A new report by the Congressional Budget Office concluded that the omnibus spending bill exceeded budget ceilings by $2.8 billion, even without counting the "emergencies."
Robert D. Reischauer, former head of the CBO, said he wasn't surprised that Congress and the administration agreed on such a large "emergency" bill. A large portion of funding added by each side was to "buy votes and differentiate its message from the other party's message," he said.
A review of this emergency spending shows that, like the rest of the last-minute appropriations process, it grew dramatically as the administration and the Congress jockeyed to help favored constituencies or political totems.
President Clinton and the Democrats, for example, insisted on more farm assistance -- $6 billion in all -- than the GOP thought generous. The first $2.8 billion in checks were to start going out yesterday. Republican leaders added extra money for defense and antidrug activities they could cite on the campaign trail. Rep. John A. Boehner (R-Ohio), for instance, issued a statement just after the spending agreement was announced that was headlined: "Republicans Battle President Clinton over Defense Spending and Win."
When, during the floor debate, some Republicans tried to blame the size of the emergency package on Clinton, Rep. David R. Obey (D-Wis.), the senior Democrat on the House Appropriations Committee, suggested they "look in the mirror." He said the GOP leadership added several billion dollars to the president's request. That included $1.5 billion that House Speaker Newt Gingrich (R-Ga.) added to the Pentagon budget for unidentified intelligence programs and the $1 billion for ballistic missile defense proposed by the Senate.
The biggest part of the emergency spending was an aid program for farmers that grew from about $500 million in July to almost $6 billion three months later. The administration's formal "emergency" request in September asked for $2.3 billion, with that letter supporting efforts by Democratic Sens. Thomas A. Daschle (S.D.) and Tom Harkin (Iowa) to increase the amount. The president vetoed as too meager a bill containing $4 billion in aid.
OMB's Ricci said the increase in agriculture "emergency" spending was justified because "a big crisis called for a big response."
Sen. Richard G. Lugar (R-Ind.), chairman of the Senate Agriculture Committee, disagreed. He said in an interview that he voted against the omnibus package containing the supplemental funds because it "undermined" recent efforts to wean farmers from government aid.
Helping farmers who lost crops to flood or drought is normal emergency aid, he said. But extending the definition to include protecting farmers from low prices as well was unwarranted, according to Lugar. "That came clearly out of the blue," he said.
Lugar noted that in the final hours, special aid was designated for dairy farmers and wool and mohair producers. "It didn't matter what it was," he said. "Any appropriator sitting around the table threw it in for good measure."
While the Democrats were bulking up farm emergency funds, congressional Republican leaders were adding money for their own causes. The extra ballistic missile money added by Sen. Ted Stevens (R-Alaska), chairman of the Senate Appropriations Committee, was the most bewildering to the Pentagon.
The Defense Department already is spending more than $3 billion a year on a variety of projects. And John Hamre, deputy secretary of defense, told Congress last month that the Army's theater missile defense program has been plagued by failures and the national missile defense effort didn't need any more money. "We are moving as fast as possible," he said. A spokeswoman said the department is seeking guidance from Congress on how to spend the money.
As part of emergency money to fight terrorism, $120.5 million was included for "crisis response aviation support." That is enough to buy new Gulfstream Vs -- top-of-the-line, long-range executive jets -- for the FBI, the Federal Emergency Management Agency and the CIA, although only the first two agencies are mentioned in the bill.
One FBI official said the bureau didn't ask for such a high- performance jet in the regular budget cycle but told appropriators about its desire for one. Joe Stocks, spokesman for FEMA, said his agency didn't ask anyone for the new plane, though he said it will come in handy in the case of future terrorist incidents.
FBI spokesman Tron Brekke said the bombings at U.S. embassies in Kenya and Tanzania showed why the bureau needs a fast, long-range jet. "To us it's an absolute necessity to have the ability to get our people on the ground, wherever an incident occurs, in short order," he said.
In the drug war, Gingrich added $690 million to the $17 billion antidrug budget at the urging of Rep. J. Dennis Hastert (R-Ill.), chairman of a GOP drug task force. Hastert's focus is on stopping smugglers overseas. When his aides circulated a draft list of boats and planes and coca-eating fungus research to fund, appropriations committee aides complained that about $200 million was provided already in the regular spending bills.
So GOP leaders found another $200 million worth of emergencies to fund. Among them was $80 million for the Customs Service for "non-intrusive inspection technology."
Raymond D. Mintz, director of Customs' applied technology division, said he's happy to get the money, though he can't spend it all this year. His office has a plan, he said, to purchase a variety of X-ray machines to find drugs in trucks, railroad cars and shipping containers. The budget for the gadgetry already was doubled to $54 million in the regular budget process. The extra $80 million means he can buy more of the equipment faster. "We have lots of ports to cover," he said.
Eric Rosenquist, international programs coordinator at the Agricultural Research Service, said the service doesn't have a wish list of how to spend the $23 million windfall added to his $4.7 million counterdrug budget. "We've been scrambling trying to figure out a spending plan for it," he said. ARS now works on several drug projects, including how to use a natural fungus to destroy coca plants in Peru.
from The Laissez Faire City Times, Vol. 2, No. 39, Nov. 23, 1998, from http://www.aci.net/kalliste/eye.htm:
The Eye of the Storm
by J. Orlin Grabbe
Those crises sure come and go quickly, don't they?
It was only in July that IMF deputy managing director Stanley Fischer along with the U.S. Treasury under Larry Summers had pushed the IMF--even over IMF managing director Michel Camdessus' objections--to agree to pour another $23 billion down that rathole called Russia. And Goldman Sachs was happily stuffing Russian bonds into its customer's portfolios--after all, they would be repaid with IMF funds, wouldn't they? And Queen of Maya Abby Cohen was dangling the magic Dow 10,000 before everyone's eyes and invoking the law of inertia (``an object in motion continues in motion in the same direction unless acted on by an outside force''). No-drag Queen Abby saw no outside forces worthy of note.
That was July. Then August and September intervened. By September we were in the midst of ``the worst financial crisis in 50 years.'' So said Bill Clinton, the supposed President of the U.S. So said presidential lapdog Larry Summers. So echoed Treasury Secretary Robert Rubin, who denied he was leaving the administration before the current crisis was safely repelled.
Well, Mr. Rubin, it's all been solved now. The fever is gone and the patient says he feels wonderful. So declare victory and get the hell out before you get your ass whipped. Alan Greenspan has ridden his mighty monopoly to the rescue. The Federal Reserve has cut interest rates three times now in only a matter of a few weeks. Stock market lows were reached on October 8, more or less, and have been on the upswing since. The smell of fresh new Federal Reserve notes has driven the world's money junkies into an orgy of stock buying. Specialists at the New York Stock Exchange have been marking up prices as rapidly as possible as they dump their inventories off on retail customers and hapless mutual fund managers. That way they'll be in a position to mark prices down twice as fast in the next sell-off.
Enjoy the illusion while it lasts. Alan Greenspan is God. Fnord. Abby Cohen is not the Queen of Maya. Fnord.
Then there's the political dimension. The election will not be a referendum on Bill Clinton, Clinton declared. Not a referendum on Clinton, many Democrats reiterated. Then came the election, in which the spineless Republicans managed to lose five House seats. Oh, now it was indeed a referendum on Clinton. The refrain of the spinmeisters: ``The electorate has spoken. They were angry at the persecution of Our Beloved Fuhrer Bill Clinton. Who cares if he's raped some grade B movie actresses (the sluts were just asking for it), had people killed, bribed Webster Hubbell, or engaged in wholesale money laundering through the Teamsters? Forget it. The happy voters are contented with their stock portfolios, and annoyed with your messing with the magic formula.''
Enjoy the illusion while it lasts. Bill Clinton is God. Fnord. Hillary Clinton is a noble human being. Fnord. Fnord.
In my article ``And Now, the Financial Apocalypse,'' posted on Sunday, August 2 (the Dow fell almost 100 points on Aug 3 and 300 points on Aug 4), I suggested there would be a correction, a relief rally, and then the massacre. Well, the relief rally has been going on since October 8. But the completely blind and irrational reaction to the Fed's little interest rate cuts (do you really believe ``the worst financial crisis in 50 years'' has been eliminated in the past five weeks by the Twelve Apostles of the Open Market Committee?) suggests to me the relief rally is just about over. Next comes the massacre. Watch the deity status of Greenspan and Clinton topple along with stock prices.
Why would anyone think things were different? Did anyone believe the worst financial crisis in 50 years would disappear within the ephemeral attention span of the average stock investor? Did anyone really think impeachment proceedings would be shoved aside on the basis of dim-witted Democrat PR ravings, or simply because some cowardly Republicans were vying for their own set of presidential kneepads?
Has Russia been saved yet? Is the Southeast Asian economic crisis over? Is Japan's economy undergoing resurgence? Has the yen-dollar exchange rate stabilized? Is the credit crunch over? Is Long Term Capital Management the only hedge fund casualty? Has Bill Clinton given up use of a private Gestapo to destroy his critics?
If your answers to the above questions are mostly Yes, then buy stock. Be my guest. If No, then get ready for the massacre.
Let the ruination begin.
from TPD 1999-Oct-9, from the Pittsburgh Tribune-Review:
Another Clinton `legacy'
We editorialized Saturday last about the first comprehensive assessment of Bill Clinton's presidency - ``The Clinton Legacy,'' a most scholarly book-length effort co-compiled by Bert Rockman, the University of Pittsburgh public policy professor. One facet the book too briefly explored (and bypassed by us entirely) was Mr. Clinton's use of executive orders.
What's simply an exercise of constitutional prerogative to Clintonites is no less than government by fiat to those who view this president's use of them as the latest in a string of abuses. Clinton has signed more than 300 executive orders since Jan. 20, 1993. Perhaps the most notorious is one that, in the guise of ``federalism,'' gives the federal government extraordinary police powers, basically as it sees fit.
William J. Olson, a former Justice Department counsel, is working on a study of the Clinton administration's executive orders. He says the president has used them to circumvent Congress. ``It's a deliberate plan to usurp legislative function, and unfortunately most of the time he has faced a Congress that could be described as supine,'' Mr. Olson told The Washington Times.
That is, the original intent of such orders - to ensure that laws are ``faithfully executed'' - has been expanded to dictate new policies. And, no, Clinton certainly is not the first president to use this power vested to the president by the Constitution. Nearly 13,000 other executive orders preceded the Clinton presidency, Times reporter Frank J. Murray recounts.
The first, never signed, came from George Washington. His 1793 ``Neutrality Order'' demanded that the citizenry stay out of foreign disputes. One of the more infamous came from Harry Truman. His 1952 executive order seizing the nation's steel mills in a protracted labor dispute was struck by the Supreme Court, as was Clinton's 1995 order barring federal contractors from hiring striker replacements. The former was thrown out because it was invoked under emergency war powers, though no war was declared in the Korean conflict. The latter was ruled to be in violation of existing law.
A 1978 bipartisan Senate select committee concluded that executive orders to that time represented a ``vast range of powers'' that, taken together, confer ``enough authority to rule the country without reference to normal constitutional processes.''
That Congress terminated all four executive order ``emergencies'' that existed then; 13 national ``emergencies,'' the product of presidential executive orders, have been decreed in the past two decades. Most - nine of them - are products of the Clinton administration.
Twenty-two years ago, the same Senate committee warned of the largely unrealized consequences of the laws that take effect when a president declares a national emergency. In a nutshell, it involves the very suspension of the Constitution, including our ability to warn you of the dangers of executive orders run amok.
Vigilance, of course, is the first-line guard against further abuses of presidential executive orders. A better defense would be the election of a chief executive who utilizes this power for it original intent.
(click here to skip past the description and index of presidential executive orders which follows)
One of the more rag tag players in this vicious game is the President of the US. Rag tag because he is, in fact, elected every four years (and since FDR, by law not more than twice), and hence almost never perfectly suited to the purposes of the unelected shadow elite (with the notable exception of George Bush, probably the most suited this century, who rode in on the coattails of Ronald Reagan, probably the least suited this century). Despite this (currently) necessary incoherence, a remarkable impression of cooperation, continuity, and monotonic evolution, is evidenced by the executive orders of Presidents stretching all the way back to FDR. The most alarming theme is the Emergency Powers theme, which was introduced in earnest by FDR with his internment of Japanese Americans by Executive Order. Subsequent administrations "refined" Emergency Powers policy, broadening the scope of the powers and the definition of emergency. John Kennedy introduced a dizzying array of Emergency Preparedness EO's that describe the emplacement of a command economy police state. Richard Nixon, with EO 11490, combined the above EO's issued by Kennedy into an omnibus Emergency Preparedness directive. Gerald Ford, with EO 11921, further refined and integrated Emergency Preparedness policy. Jimmy Carter, with EO 12148, created the modern day organization known as FEMA, and folded under its wings most of the responsibilities and authority it has today. Ronald Reagan, with EO 12656, reaffirmed the sweeping command authority of the Director of FEMA. However, in that EO, Reagan includes the sentence "All national security emergency preparedness activities shall be consistent with the Constitution and laws of the United States and with preservation of the constitutional government of the United States." This manifests the fact that Ronald Reagan was never really harmonized with the rest of the above Presidents. Reagan is the only one who was not a member of the CFR, and the only one since the advent of Mutually Assured Destruction doctrine to attempt to directly deprecate it. In EO 12333, "United States Intelligence Activities," he offered a similar motivation and ethic when he wrote "[...] in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows: [...]" Reagan is a consistent constitutionalist, at least judging from his rhetoric and the cat's meow itself (his Executive Orders).
From EO 10976, as justification for ordering a work day for certain government (NASA et al) workers longer than 8 hours:
"by Proclamation No. 2914 of December 16, 1950, the President proclaimed the existence of a national emergency and that emergency still exists"
EO 10995, 10997, 10998, 10999, 11000, 11001, 11002, 11003, 11004, 11005, 11087, 11088, 11089, 11090, 11091, 11092, 11093, 11094, and 11095, are the initial description by Executive Order of the array of Emergency Preparedness assignments of responsibility and authority. They were ordered by John Kennedy on February 16, 1962 and February 26, 1963, with those EO's at or below number 11005 ordered on the earlier date.
These EO's are all superseded (and revoked) by EO 11490, except that EO 10995 is superseded (and revoked) by EO 11556.
EO 11037 (July 20, 1962) generally forbids a US national owning any substantial amount of gold bullion outside the country. This was justified based on Proclamation No. 2914. It was revoked on Dec. 31, 1974 by EO 11825.
EO 11490 is "Assigning emergency preparedness functions to Federal departments and agencies," Oct. 28, 1969. EO 11490 was revoked on Nov. 18, 1988 by EO 12656.
EO 11556 is "Assigning telecommunications functions," Sept. 4, 1970. EO 11556 is revoked by EO 12046.
EO 11825 is "Revocation of Executive orders pertaining to the regulation of the acquisition of, holding of, or other transactions in gold, " Dec. 31, 1974. EO 11825 revokes EO 6260, Aug. 28, 1933; EO 6556, Jan. 12, 1934; EO 6560, Jan. 15, 1934; EO 10896, Nov. 29, 1960; EO 10905, Jan. 14, 1961; EO 11037, July 20, 1962. It revokes parts of EO 6073, Mar. 10, 1933; EO 6359, Oct. 25, 1933; EO 10289, Sept. 17, 1951.
EO 11921 is "Adjusting emergency preparedness assignments to organizational and functional changes in Federal departments and agencies" June 11, 1976. EO 11921, except as amended by EO 12046, is standing policy.
EO 12046 is "Relating to the transfer of telecommunications functions" Mar. 27, 1978. EO 12046, except as Amended by EO 12148 and 12472, is standing policy.
EO 12148 is "Federal Emergency Management" July 20, 1979. EO 12148 is standing policy, except that section 3 is superseded by EO 12919 (see below).
EO 12472 is "Assignment of national security and emergency preparedness telecommunications functions," Apr. 3, 1984. EO 12472 is standing policy.
EO 12656 is "Assignment of emergency preparedness responsibilities," Nov. 18, 1988. EO 12656 is standing policy.
EO 12742 is "National security industrial responsiveness," Jan. 8, 1991. EO 12742 is standing policy.
EO 12775 is "Prohibiting Certain Transactions With Respect to Haiti," October 4, 1991. Bush declares a national emergency nominally in response to the coup overthrowing Arastide's govt in Haiti. Marks the first instance of a frivolous declaration of National Emergency.
EO 12775 was revoked on Oct. 14, 1994 by EO 12932
EO 12958 "Classified National Security Information" signed April 17, 1995, as amended on February 27, 1996, is the standing policy for information secrecy in the Executive branch. There is a small revision.
President Clinton, with EO 12919 ("National Defense Industrial Resources Preparedness") and EO 13010 ("Critical Infrastructure Protection"), made clearer the executive intention that nominally private industry cooperate in detail and in advance with Emergency Preparedness measures.
EO 12919 and EO 13010 are standing policy. EO 13010 has been amended, and its deadlines extended, by EO's 13025, 13041, 13064, and 13077.
With EO 13083 President Clinton ostensibly deprecated the tenth amendment, and explicitly revoked Ronald Reagan's legally conservative EO 12612. Read more on this.
http://4bypass.com/stories/fema1.html "FEMA: Blueprint For Tyranny" By Roland C. Eyears
Zbigniew Brzezinski, cofounder of the Trilateral Commission and National Security Council Advisor to President Jimmy Carter in the late 1970s, wrote the master plan together with NSC staffer Samuel Huntington. Four years earlier in Kyoto, Japan, Huntington had delivered a disturbing paper advocating the end to democracy and its replacement with a 'crisis management' form of government.
President Carter's Executive Order 12148, dated July 20, 1979, retroactively made effective July 15, gave FEMA life. That fiat revoked 13 previously issued Executive Orders, amended 19 others, and cited as authority 13 federal statutes.
In the words of Dr. Henry Kliemann, political scientist at Boston University:
"Those words enunciated by President Gerald Ford in Executive Order 11921, were understood by FEMA to mean that one day they would be in charge of the country. As these bureaucrats saw it, FEMA's real mission was to wait, prepare and then take over when some 'situation' seemed serious enough to turn the United States into a police state."
from http://emporium.turnpike.net/P/ProRev/fema.htm:
Mind wars: "X-Files"
gets it right;
Post gets it wrongPosted June 1998
In "X-Files" one of the characters explains that "FEMA allows the White House to suspend constitutional government upon declaration of a national emergency. It allows creation of a non-elected government. Think about that, Agent Mulder."
The Washington Post's federal column made fun of the claim, and quoted FEMA public affairs guidance about the movie that essentially paints those concerned with the agency's potential role as kooks. Says the FEMA spinhead: "it is not realistic to think that we can convince them otherwise and it is advisable not to enter into debate on the subject." FEMA suggests that officials can "emphatically state that FEMA does not have, never has had, nor will ever seek, the authority to suspend the Constitution."
This is just plain untrue. Not only have there been past plans for FEMA and the military to assume an extra-constitutional role, but a recent presidential directive suggest that it is still a possibility not far from the Clinton administration's thoughts. Presidential Decision Directive #63 on "critical infrastructure protection" specifically assigns FEMA the task of "continuity of government" services, the precise term used in previous plans for a anti-constitutional takeover in a time of crisis. Further, as with previous plans, the Clinton order is stunningly silent on any role in such an emergency for the legislative and judicial branches or for state and local government.
A recent article in the Army War College's journal Parameters, expresses what appears to be the dominant administration attitude on the matter:
"Strategic leaders can take solace in the lessons learned from military participation in domestic disaster relief, for the record indicates that legal niceties or strict construction of prohibited conduct will be a minor concern. The exigencies of the situation seem to overcome legal proscriptions arguably applicable to our soldiers' conduct. Pragmatism appears to prevail when American soldiers help their fellow citizens."
SOME HISTORY: In a July 1983 series in the San Francisco Examiner, two-time Pulitzer Prize winner Knut Royce reported that a presidential directive had been drafted by a few Carter administration personnel in 1979 to allow the military to take control of the government for 90 days in the event of an emergency. A caveat on page one of the directive said, "Keeping the government functioning after a nuclear war is a secret, costly project that detractors claim jeopardizes US traditions and saves a privileged few." According to Royce there was a heated debate within the Carter administration as to just what constituted an "emergency."
The issue arose again during the Iran-Contra affair, but even in the wake of all the copy on that scandal, the public got little sense of how far some America's soldiers of fortune were willing to go to achieve their ends. When the Iran-Contra hearings came close to the matter, chair Senator Inouye backed swiftly away. Here is an excerpt from those hearings. Oliver North is at the witness table:
REP BROOKS: Colonel North, in your work at the NSC, were you not assigned, at one time, to work on plans for the continuity of government in the event of a major disaster?
BRENDAN SULLIVAN: Mr. Chairman?
SEN INOUYE: I believe that question touches upon a highly sensitive and classified area so may I request that you not touch on that.
REP BROOKS: I was particularly concerned, Mr. Chairman, because I read in Miami papers, and several others, that there had been a plan developed by that same agency, a contingency plan in the event of emergency, that would suspend the American constitution. And I was deeply concerned about it and wondered if that was the area in which he had worked. I believe that it was and I wanted to get his confirmation.
SEN INOUYE; May I most respectfully request that that matter not be touched upon at this stage. If we wish to get into this, I'm certain arrangements can be made for an executive session
With few exceptions, the media ignored what well could be the most startling revelation to have come out of the Iran/Contra affair, namely that high officials of the US government were planning a possible military/civilian coup. First among the exceptions was the Miami Herald, which on July 5, 1987, ran the story to which Jack Brooks referred. The article, by Alfonzo Chardy, revealed Oliver North's involvement in plans for the Federal Emergency Management Agency to take over federal, state and local functions during an ill-defined national emergency.
The Constitution does not directly address the question of what should happen in the midst of a major national catastrophe. But neither does it give the slightest support to notions of turning matters over to non-elected civilian or military officials with plenary powers. The best guide is to be found in Amendment Ten which states that the powers of the federal government are those delegated to it by the states and the people. The states and the people have not delegated the power of martial law. Thus in a true crisis (such as a nuclear attack) the answer seems quite plain: the country would be run as a loose confederation of fifty states until a legitimate federal government could be re-established. In the interim, the highest constitutional officials in the land would be the governors.
According to Chardy, the plan called for 'suspension of the Constitution, turning control of the government over to the Federal Management Agency, emergency appointment of military commanders to run state and local governments and declaration of martial law.' The proposal appears to have forgotten that Congress, legislatures and the judiciary even existed.
In a November 18, 1991 story, the New York Times elaborated:
"Acting outside the Constitution in the early 1980s, a secret federal agency established a line of succession to the presidency to assure continued government in the event of a devastating nuclear attack, current and former United States officials said today."
The program was called "Continuity of Government." In the words of a report by the Fund for Constitutional Government, "succession or succession-by-designation would be implemented by unknown and perhaps unelected persons who would pick three potential successor presidents in advance of an emergency. These potential successors to the Oval Office may not be elected, and they are not confirmed by Congress.
According to CNN, the list eventually grew to 17 names and included Howard Baker, Richard Helms, Jeanne Kirkpatrick James Schlesinger, Richard Thornberg, Edwin Meese, Tip O'Neil, and Richard Chaney.
The plan was not even limited to a nuclear attack but included any "national security emergency" which was defined as:
"Any occurrence, including natural disaster, military attack, technological or other emergency, that seriously degrades or seriously threatens the national security of the United States."
This bizarre scheme was dismissed in many Washington quarters as further evidence of the loony quality of the whole Iran/contra affair. One FEMA official called it a lot of crap while a representative for Attorney General Meese described it as 'bullshit."
The problem is that there is a long history of compatibility between madness and totalitarian takeovers, Adolph Hitler being a prime but far from lone example. Further, there is plenty of evidence in this case that the planning was far more than simply an off-the-wall brainstorm. At least one report found that the US Army had even gone so far as to draft a legal document providing justifications for martial law.
Nor was the planning limited to crises involving the total breakdown of society as in the aftermath of a nuclear attack. Among the justifiable uses of martial law were "national opposition to a US military invasion abroad" and widespread internal dissent.
At least one high government official took the plan seriously enough to vigorously oppose it. In a August 1984 letter to NSC chair Robert McFarlane, Attorney General William French Smith wrote:
"I believe that the role assigned to the Federal Emergency Management Agency in the revised Executive Order exceeds its proper function as a coordinating agency for emergency preparedness . . . This department and others have repeatedly raised serious policy and legal objections to the creation of an 'emergency czar' role for FEMA."
FEMA was clearly out of control. Another memo, written in 1982 to then FEMA director Louis Giuffrida and given only tightly restricted circulation even within the agency, made this astonishing assertion:
"Over the long term, the peacetime action programs of FEMA and other departments and agencies have the effect of making the conceivable need for military takeover less and less as time goes by. A fully implemented civil defense program may not now be regarded as a substitute for martial law, nor could it be so marketed, but if successful in its execution it could have that effect."
The memo essentially proposed that the American people would rather be taken over by FEMA than by the military. When those are the options on the table, you know you're in trouble.
The head of FEMA until 1985, Giuffrida also once wrote a paper on the Legal Aspects of Managing Disorders. Here is some of what he said:
"No constitution, no statute or ordinance can authorize Martial Rule. [It commences] upon a determination (not a declaration) by the senior military commander that the civil government must be replaced because it is no longer functioning anyway . . . The significance of Martial Rule in civil disorders is that it shifts control from civilians and to the military completely and without the necessity of a declaration, proclamation or other form of public manifestation . . . As stated above, Martial Rule is limited only by the principle of necessary force."
Those words come from a time when Giuffrida was the head of then-Governor Reagan's California Specialized Training Institute, a National Guard school. It was not, for Giuffrida, a new thought. In 1970 he had written a paper for the Army War College in which he called for martial law in case of a national uprising by black militants. Among his ideas were "assembly centers or relocation camps" for at least 21 million "American Negroes."
During 1968 and 1972, Reagan ran a series of war games in California called Cable Splicer, which involved the Guard, state and local police, and the US Sixth Army. Details of this operation were reported in 1975 in a story by Ron Ridenour of the New Times, an Arizona alternative paper, and later exhumed by Dave Lindorff in the Village Voice.
Cable Splicer, it turned out, was a training exercise for martial law. The man in charge was none other than Edwin Meese, then Reagan's executive secretary. At one point, Meese told the Cable Splicer combatants:
"This is an operation, this is an exercise, this is an objective which is going forward because in the long run . . . it is the only way that will be able to prevail [against anti-war protests.]"
Addressing the kickoff of Cable Splicer, Governor Reagan told some 500 military and police officers:
"You know, there are people in the state who, if they could see this gathering right now and my presence here, would decide their worst fears and convictions had been realized -- I was planning a military takeover."
The Reaganites were not, however, the only ones with such thoughts. Consider this from a NSC directive written by Frank Carlucci in 1981:
"Normally a state of martial law will be proclaimed by the President. However, in the absence of such action by the President, a senior military commander may impose martial law in an area of his command where there had been a complete breakdown in the exercise of government functions by local civilian authorities."
Excerpts from the Parameters article:
http://emporium.turnpike.net/P/ProRev/pscoup.htm
Certain passages of the above article ring loudly in my ears.
"The plan was not even limited to a nuclear attack but included any "national security emergency" which was defined as: 'Any occurrence, including natural disaster, military attack, technological or other emergency, that seriously degrades or seriously threatens the national security of the United States.'"
"technological or other emergency" sounds to me like the Y2K computer glitch, which is scheduled to paralyze the nation. Much more on this follows.
"[...] there is a long history of compatibility between madness and totalitarian takeovers, Adolph Hitler being a prime but far from lone example."
Barbara Marx Hubbard and others lunatics of her ilk have been sermonizing the shadow elite, for example at The State of the World Forum covered in the Trilaterals chapter.
"No constitution, no statute or ordinance can authorize Martial Rule. [It commences] upon a determination (not a declaration) by the senior military commander that the civil government must be replaced because it is no longer functioning anyway."
The scheduled Y2K debacle is a scenario in which the civil government is no longer functioning.
"Among his ideas were 'assembly centers or relocation camps" for at least 21 million American Negroes.'"
This is the sort of rounding up that Barbara Marx Hubbard's genocide requires. You will read about this in detail later in the compilation.
from WorldNetDaily, from Joseph Farah's Between the Lines of 1998-Dec-8, from http://www.worldnetdaily.com/bluesky_btl/19981208_xcbtl_y2k_and_ma.shtml:
WND Exclusive Commentary
Y2K and martial law
For those suspecting the federal government is making Y2K millennium bug contingency plans that include the suspension of civil liberties, fears were not allayed by the nation's Y2K czar at his first summit last week.
In answer to a question about electrical-power failures caused by embedded chip problems and other millennium bug breakdowns, John Koskinen, the chairman of President Clinton's Y2K council, said: "In a crisis and emergency situation, the free market may not be the best way to distribute resources. ... If there's a point in time where we have to take resources and make a judgment on an emergency basis, we will be prepared to do that."
Now what does that mean? These guys don't think the free market is the best way to distribute resources in the best of times. But this statement requires some explanation. This is a statement that should prompt congressional hearings -- out in public, not in executive session. This is a statement that brings to mind a history of executive orders mandating emergency presidential powers that would make our Founding Fathers spin in their graves.
Yet, I saw the chilling statement reported only by Wired News, which covered the Y2K council's first summit in San Francisco last Thursday. Nothing in the Associated Press. Nothing in the San Francisco papers. Nothing on the major networks.
Worse yet, even Wired News, which, thank heavens, saw fit to publish the quote, did not choose to lead its story coverage with it.
Now, I can understand government seizing an opportunity for more power in a crisis. It's the nature of government to do just that. What I don't understand is how we could receive so many warnings by government officials of their ominous plans for martial law beginning Jan. 1, 2000 without scrutiny by the press, civil libertarians and other so-called government watchdogs. Why am I like a voice crying out in the wilderness over this issue?
This is, by my count, at least the second major pronouncement by high-ranking members of the Clinton administration that preparations are being made to scrap the Constitution in the event of problems we know are coming on a date just over a year away.
The first, to refresh your memories, came in June, when Sen. Robert Bennett, chairman of the Senate's Year 2000 committee, was interviewing a top Pentagon official, Deputy Defense Secretary John Hamre. Here's how that exchange went:
Bennett: "In the event of a Y2K-induced breakdown of community services that might call for martial law," will the military be ready?
Hamre: "We've got fundamental issues to deal with that go beyond just the Year 2000 contingency planning. And I think you're right to bring that up."
Understand that Bennett, a Republican from Utah, wasn't suspiciously asking Hamre if the military was secretly planning a hideous martial law scenario. He was knowingly asking him, apparently hopeful that the military would be prepared to carry out it out.
I know it's too much to ask, but shouldn't the members of the House Judiciary Committee at least have all this in the back of their minds today as they consider articles of impeachment against President Clinton? Is this a leader the nation can trust on the brink of a potential national crisis? Is this a man America can trust with emergency powers?
Americans have come to believe their freedom is a permanent state. When people take their freedom for granted, it is most in peril. Is it not possible, with all we now know about the character of Bill Clinton, that he would attempt to turn such a crisis into a semi-permanent presidency -- one with imperial powers? And, with all we know about the character of the spineless Congress, is it unthinkable to imagine its members abdicating their authority and collaborating in such an insidious scheme?
Am I being paranoid? I don't think so. After all, it's not me who is raising the ugly specter of martial law in the context of the Y2K crisis. It is the United States government -- first in a public meeting between representatives of the legislative and executive branches and now in a public summit convened by the president's Y2K czar. This is not a hallucination, folks. It's reality. Hearings are being conducted. Plans are being made.
Further evidence of this plot comes in the form of Presidential Decision Directive 63, issued by Bill Clinton last May. It calls for the development of a plan to ensure "essential national security missions" as well as general public health and safety by, you guessed it, the year 2000.
The carefully worded directive emphasizes the preservation of order, the delivery of minimum essential services and the maintenance of a "national infrastructure protection system" involving the military, intelligence agencies, law enforcement and the mandatory participation of the "private sector."
Under the directive, the "National Infrastructure Protection Center," which includes the FBI, the Secret Service, other federal law enforcement agencies, the Department of Defense and the intelligence agencies, calls the shots. To me, the cynic, all this sounds like code for martial law.
Not interested in the federal plans? You may have to be. The document states that "it is preferred that participation by owners and operators in a national infrastructure protection system be voluntary." Note that word "preferred." You may be drafted.
The first set of plans from federal agencies were due on Clinton's desk last month. You can bet he won't be holding any press conferences on those details any time soon. I can tell you this news agency will be filing Freedom of Information Act requests for those documents. But, don't hold your breath, this White House claims a broad exemption from the FOIA that none of its predecessors has claimed -- just one more reason for impeachment, if you ask me.
Of course, maybe Y2K will come and go with no major calamities. Would you like to bet your freedom on that possibility?
from http://www.worldnetdaily.com/bluesky_exnews/19990106_xex_the_plan_mas.shtml:
1999-Jan-6
WND Exclusive
The plan for massive
military mobilization
National Guard exercises unprecedented
since World War II set for May Y2K test
Editor's note: This is the first of a series of investigative reports on this subject.
By David M. Bresnahan
© 1999 WorldNetDaily.com
The National Guard is planning its first national mobilization of troops since 1940 in preparation for civil unrest resulting from the Y2K millennium bug, WorldNetDaily has learned.
The National Guard Bureau in Washington is currently formulating plans for a mobilization test, in conjunction with the Federal Emergency Management Agency. If Y2K causes a complete shutdown of all communications, the National Guard will need a way to mobilize troops, according to several officers who believe their careers would be at risk if their names were made public.
These officers spoke separately with WorldNetDaily. Each is in a position to know about the plans at a national level within the National Guard Bureau.
"What's driving this thing are the folks underneath the senior leadership," said one officer. "Some of the IT guys and command and control guys are the ones who are driving this because they see what the problem is," one of the sources told WorldNetDaily in an exclusive interview.
The plan as it is now being designed, will be a mock mobilization of all 480,000 members of the National Guard in all 54 states and territories. Exercise COMEX/MOBEX will be conducted without telephone, radio, or television to get the word to all guard members.
"This will be a simulated COMM-Out," explained another member of the group. "In other words, the standard method of recall, the telephone, will not be an option. The driver for this exercise is Y2K," she added.
Concern about potential panic and unrest over Y2K failures of communications, power, and transportation has prompted the National Guard Bureau to plan for the worst. If such a scenario occurs, the guard will need to be mobilized through some means other than standard electronic communications.
Exercise COMEX/MOBEX will be a test, not an actual mobilization. Guard members will be contacted, but they will not actually have to report.
WorldNetDaily spoke with several full-time guard members who work at the national level. Each is an officer, and each is concerned that the public is not being properly informed of the extent and seriousness of problems -- including civil liberties issues -- associated with the Y2K computer bug.
"I've taken an oath, and I don't see some of the senior folks following through on their oath," explained one officer of his reasons for making this known. "Not only is my oath to the Constitution, but it's to the people. As far as I'm concerned, the faster and sooner people are educated on this stuff the less panic will ensue."
Another officer is equally concerned and agreed. He pointed out that people panic when they are caught unprepared and unaware. He says the Clinton administration should be doing more to prevent panic.
"No one with any leadership has stepped forward and said we need to take prudent steps," he explained. "The Canadians are way ahead on this. They've already told their folks. They're doing a good job of letting their people know what's going on."
WorldNetDaily has also learned that all military and civilian federal employees are scheduled to be paid a little differently in December 1999. Payroll for January 2000 will be paid a month early. One of the officers says that is to place guard members in a situation where they cannot refuse duty in the Y2K crisis because they will have already been paid in advance.
"Our guess is, we've been paid so if we don't show up we're defrauding the government. I think that's what the rationale is, although they'll tell us it's to keep the troops happy. Bull. People won't be able to get their money out of the banks anyway," predicted one of the officers.
The Defense Department is reported to be far behind in preparations for Y2K compliancy. It is working only on mission-critical systems, according to Sen. Bob Bennett, R-UT, chairman of the Senate Special Committee on the Year 2000 Technology Problem. The National Guard is no exception.
"The field units are way behind," explained one source. "There's no way in hell we're going to be compliant by March 31, 1999 (the target date announced by the National Guard)."
A letter from the National Guard Bureau will soon be in the hands of every adjutant general. The letter will inform the guard leaders of each state about COMEX/MOBEX and how it will be conducted.
Although the exercise, tentatively scheduled for May 1 and 2, will be no secret, the various aspects of the exercise will be kept under wraps until the mobilization begins.
"Everyone knows it's coming, but there's going to be scenarios written into it," explained one officer. "There will be as many different things they can throw into it at once to see how the command-and-control structure handles it."
The test will do little to simulate the actual panic that may be involved in an actual Y2K mobilization.
"I think in a real situation, where you've got a guy standing there with his wife looking at him with tears in her eyes and two kids hanging on his leg, and he's being drug out the door by a couple MPs -- not that he doesn't want to serve -- but it's got to be absolute pandemonium at that point. I see that as a very difficult situation," said one of the sources.
Although the National Guard Bureau expects to be able to contact 95 percent of their troops for COMEX/MOBEX, far fewer will actually turn out in an actual Y2K emergency. General panic by the public will create a desire for many guard members to stay home and protect their families, said some.
The logistics of such a mobilization are significant. The Clinton administration will argue that the National Guard can be used as a national police force, in spite of the Posse Comitatus Act. FEMA and other federal agencies will also be involved in COMEX/MOBEX. Orders will be given without the use of standard communications. The country will be divided into seven different regions. Plans include imposing restrictions on civilian travel and limits on bank withdrawals, according to sources.
"I have no doubts about the bunker mentality of the Clinton administration," said one of the officers. "Let's put it this way, our civil rights are going to take a nosedive."
David M. Bresnahan, a contributing editor for WorldNetDaily.com, is the author of "Cover Up: The Art and Science of Political Deception," and offers a monthly newsletter "Talk USA Investigative Reports." He may be reached through email and also maintains a website.
from WorldNetDaily 1999-Jan-22, by David M. Bresnahan:
National Guard changes plans
New name for Y2K mobilization exercisesTop officers of the National Guard Bureau have decided to change plans for a mobilization exercise because of reports in WorldNetDaily.
COMEX/MOBEX has been in the works for months. It was planned as a test to see if the National Guard could be mobilized without the use of telephones. The exercise was scheduled for May 1 and 2 to prepare for a possible recall if the Y2K computer bug causes massive communications failures, along with civil unrest.
The plan was leaked to WorldNetDaily by five different officers, some who are on the committee making the plans. Ever since the first article appeared Jan. 4, the National Guard has been hard at work planning their public relations strategy to deal with the developing concerns by media over the Y2K threat.
Copies of e-mail memos between guard officers involved in the planning have been provided to WorldNetDaily. Those memos reveal plans to change the name of the exercise, and hide the full significance of the planning from the public, according to some of the officers involved.
A memo sent on Jan. 12 to the National Guard Bureau Y2K Task Force advised all participants not to talk to the press. They were told to direct all press inquiries to the public relations office.
"We also need to ensure that they are the ones doing the press releases -- not us. They should ensure that the same things are said all the time and that none of us get misquoted," said Lt. Col. Kirk M. Krist in his memo.
One of the five officers who helped WorldNetDaily break this story said that the guard is trying to keep anyone other than approved press officers from talking to the media.
"They haven't figured out who's talking, so they are trying to ensure that no one talks," commented the source. "They have no idea who's talking."
Sources have insisted that nothing they have told WorldNetDaily is regarded as secret. The documents that have been faxed have no indication on them that any information they contain is secret or classified in any way.
"Nothing we do is secret, but it is sensitive enough to get misinterpreted," said Krist in his memo. He did not return calls made to his office at the end of the day on Thursday.
Publicity over the numerous articles appearing on WorldNetDaily about National Guard mobilization plans prompted Krist to put his staff at ease over the threats of Y2K.
"We are still planning on holding the COMEX/MOBEX, but we have officially changed the name to 'Communications CPX' to avoid any assumptions that we plan on mobilizing the entire Guard on 31 Dec 99. We do not plan to do that," explained Krist to his Y2K task force in the memo.
The officers who contacted WorldNetDaily said they were concerned that the guard is planning for civil unrest, which they think can be prevented if the public is told well in advance of the problems that may occur because of the Y2K computer bug. They said the public will not panic if there is time to prepare.
Each of the officers who spoke to WorldNetDaily expressed significant concern over problems that are expected because of computer failures. Each has begun purchasing extra food and supplies for their own families. One has plans to "head for the hills."
Krist made an effort in his memo to address the concerns of guard officers.
"All we are doing is exercising prudent planning for potential Y2K disruptions. We are NOT 'assuming' failures to the infrastructure, telecommunications blackouts, riots, civil unrest, martial law, the end of civilization as we know it, etc.
"Prudence calls for establishing a redundant means of communications, ensuring that commanders are up to speed on their local Y2K situation, and urging our commanders, troops, and Guard families to stay on top of this topic at their locality," explained Krist.
It was a staff member of the Senate Appropriations Committee, Defense Subcommittee who first contacted Philip Forsberg at the National Guard Bureau about the WorldNetDaily articles. Forsberg fired off a memo letting others know and asking for comments.
"Anything you can tell me about this and what the possible misconnect/disconnect is would be helpful," said Forsberg in his memo. Forsberg could not be reached by phone at the end of the day Thursday.
Krist responded to the e-mailed memo and explained that he already knew about the articles. He said he was working with public relations people to develop a strategy "on how to handle it," and said they would put together "some more aggressive guidance in our publicity campaign."
"The thrust will be that we are taking prudent steps to be prepared, that none of the plans have been secret, and that there is no Guard assumption that the infrastructure will fail," said Krist in his response.
The name change from COMEX/MOBEX to Communications CPX was announced by chief of staff, Col. Juneau, who notified all division chiefs Jan.8 of the change. He told his staff that the name change was a public relations move.
"Nobody has any idea of who was the 'inside person' in the Readiness Center," said Krist at the end of his memo.
One of the sources had already informed WorldNetDaily of the concern that had been raised by the articles.
"The heat is on. They have launched a substantial JAG Investigation of the leaks," his message said. "The story you wrote has caused great concern. The powers that be want a head on a plate. I'm not giving them mine," he added. That source is no longer providing information.
Another e-mail message gave further evidence of the reasons so many guard officers have expressed concerns about the failure of the guard to warn the public of the potential threats of Y2K. Capt. Tony W.A. Donnelly, sent an e-mail to Krist containing the draft of information intended for a National Guard website.
"Got this from one of the guys in ART who runs a couple Guard websites. He hasn't posted this, but is concerned on getting the word out. He has several concerns regarding Y2K preparations by the Guard. I haven't heard too much lately on our Y2K efforts, but he definitely brings up a few points worth sharing. What are we doing to get the word out," asked Donnelly, who could not be reached by phone.
"The Year 2000 presents a special situation for the Army National Guard. We know it is coming. We know there is potential for widespread problems and we know that it will be difficult to correctly identify the solutions," the draft document began.
"For the ARNG (Army National Guard), the more serious problems are not with the computers, per se, but with public reaction to the failure of many institutions that we normally take for granted. Basic necessities like sewer, water and electricity are all prone to experience problems. Anything with credit cards, banks, especially ATMs and gasoline stations with self-serve pumps are all susceptible to errors. The stock market is one of the largest institutions, which is extremely vulnerable. Even if the NYSE and NASDAQ have their software Y2K compliant, the repercussions from lack of confidence in our institutions could create public discontent," warned the document."
from NBC News, ca. 1999-Feb-1, by Robert Windrem, from http://www.msnbc.com/news/236665.asp:
Does U.S. need anti-terror troops?
Pentagon, FEMA at odds over plans for Homeland Command American tanks are deployed in the streets of New York City following a series of terrorist attacks in a scene from the upcoming action drama film 'The Siege.' By Robert Windrem
NBC NEWSA battle is looming over the issue of creating a Homelands Defense Command, a military unit responsible for managing a terrorist attack on U.S. soil. The debate stems from the possibility that in a time of national crisis, a situation could evolve in which American military forces find themselves operating as a national police force patrolling the streets of U.S. cities, similar to the events portrayed in the movie ``The Siege.''
THE IDEA OF a separate military command, first broached publicly by President Clinton in a New York Times interview on Jan. 22, was to be discussed at last year's conference of Pentagon commanders-in-chief. The proposal is being pushed by Deputy Secretary of Defense John Hamre, the No. 2 person at the Pentagon.
However, when Federal Emergency Management Administration Director James Lee Witt was briefed on the issue, he called Secretary of Defense William Cohen and asked that FEMA be removed from the agenda pending further review.
Witt told Cohen he disagreed with the notion ``philosophically'' and does not believe the military should have primary responsibility for managing the consequences of a national crisis. Witt argued that the situation should remain a civilian responsibility.
ACTING ON ORDERS
Under a presidential order issued in June 1995, FEMA has primary responsibility for ``consequence management'' after a domestic terrorist attack, while the FBI would be responsible for the investigation. Using its substantial operational and technical capabilities, the military would be called in to assist either or both agencies, and determine whether to evacuate a city, provide large-scale medical treatment, or assess the dangers of specific biological or chemical agents used in an attack.
The secret order was signed in the months following not only the Oklahoma City bombing - the most significant act of terrorism ever on American soil - but three other events that raised fears of a domestic chemical or biological weapons attack:The position of the Pentagon's Hamre is that since the military will have to be called in to handle any such crisis, its role should be formalized and structured. In addition to either creating a Homeland Defense Command or renaming the Atlantic Command - another option - Hamre has talked about creating a bi-national command with Canada, a la NORAD. Since then, the proposal has been toned down to a joint task force under a four-star general, based in the Atlantic Command.
- The Aum Shinryko cult sarin gas attack on a Tokyo subway in April 1995.
- A hoax at Disneyland the following weekend in which someone made a credible threat of a similar attack there.
- The admission by Ramzi Yousef, mastermind of the World Trade Center bombing, that he had planned to include cyanide gas in the attack - but couldn't afford it.
But all options remain on the table.
This weekend, FEMA's Deputy Director, R. Michael Walker, and Hamre are expected to meet to discuss the issue.
SENSITIVE TO CONCERNS
FEMA believes that such a military intrusion into managing a national disaster would send the wrong message during a time of national crisis and that the military would not have the sensitivities needed during a crisis.
An example: In 1997, the Marines wanted to send their Chemical Biological Incident Response Force into action along the Inaugural Parade route on Inauguration Day. The political types in the Pentagon stopped them, but FEMA worries that a four-star general might not understand the sensitivities.
The concerns run deep among certain factions of Americans who fear any military involvement in civil defense. When the National Guard began planning a series of exercises designed to prepare its forces for the possibility of social breakdown related to computer failures at the century's turn on Jan. 1, 2000 - the so-called ``Y2K bug'' - extreme convervatives began warning that the exercises represented a ``New World Order'' plan to install martial law. The alarm went up on the Internet, particularly circulating among so-called ``Patriot'' or ``militia movement'' Web sites. [<GAG> -Ed.]
The problems for the plan extend to other, more mundane bureaucratic turf wars as well. The first-responder program and a few others already funded have recently been moved from the Pentagon to the Justice Department's National Disaster Preparedness Office. There will be officials from various U.S. agencies working there, so Justice officials may oppose the plan as well.
However, the plans clearly are intended to address a real need. While there is no intelligence on either a specific or immediate threat of domestic terrorism, the plans are an acknowledgement that such acts can happen. After all, the best [sic] intelligence did not detect the Aum Shinryko cult, the World Trade Center bombers or Timothy McVeigh. [<WHEEZE> -Ed.]
from the 1998-July-17 issue of Joseph Farah's 'between the lines' column from WorldNetDaily (http://www.worldnetdaily.com/btlines/980717.btl.clinton.y2k.bug.html):
Clinton and the Y2K bug
In June, House Speaker Newt Gingrich criticized the White House for dropping the ball on the Y2K millennium bug issue, saying that the administration is presiding over "a large wreck" set to take place 17 months from now in what is scheduled to be Clinton's last year in office.
This week, Clinton attempted to set the record straight. He offered a bold plan to address the potential crisis that threatens to cripple the world's computers and hundreds of millions of embedded chips that might not recognize the year 00. What did the president do? He ordered the U.S. government to be fully Y2K-compliant by March 1999.
Now, anyone who has even taken a cursory look at this issue will tell you that it is impossible for the government to rewrite all the computer code by March 1999. It's not going to happen. And Clinton knows it.
Setting such a ludicrous goal -- even if it is just that, a goal -- can mean one of only two things: Clinton figures he'll only have one more year on the job when the bug hits and it will be somebody else's headache; or, he is secretly counting on the crisis as an excuse to declare martial law and remain in office -- indefinitely.
Am I being paranoid? I don't think so. Praising Clinton at his dog-and-pony show this week was Sen. Bob Bennett, R-Utah, who serves as chairman of the Senate's special committee overseeing Y2k issues. A couple weeks ago, Bennett was grilling a top Pentagon official during the course of a hearing on the millennium bug. He asked Deputy Defense Secretary John Hamre the following question: "In the event of a Y2K-induced breakdown of community services that might call for martial law," will the military be ready?
"We've got fundamental issues to deal with that go beyond just the Year 2000 contingency planning," said Hamre. "And I think you're right to bring that up."
Understand that Bennett wasn't suspiciously asking Hamre if the military was secretly planning a hideous martial law scenario. He was knowingly asking him and hoping that the military would be prepared to carry out such a scenario. Bennett doesn't appear to be hoping for a calamity. But he does seem to believe that the end of American freedom as we know it is preferable to chaos.
I, for one, want to go on record as favoring chaos. Nothing is more precious to me than my freedom. And the Constitution of the United States says no government authority has the right to take it away. I have nothing but contempt for politicians who believe they have the right and the power to turn this country into a police state for any reason.
Is it not possible, however, with all we now know about the character of Bill Clinton, that he would attempt to turn such a crisis into an opportunity? And, with all we know about the character of the 105th Congress, is it unthinkable to visualize its members abdicating their authority and collaborating in such an insidious scheme?
Maybe I'm just cynical. But, as a journalist, trained to distrust government, I am paid to be skeptical of plots to preserve order at any cost. Indulge me in my nightmare. I think I'm having the same kinds of bad dreams that our Founding Fathers had. The day Americans start relying on the good intentions of a centralized bureaucracy for their welfare is the day their welfare -- and everything patriots have fought and died to preserve for 200 years -- is lost.
It's not me who raised the ugly specter of martial law in the context of the Y2K crisis. It was the United States government -- in a public meeting between representatives of the legislative and executive branches. This is not a hallucination. It's reality. Hearings are being conducted. Plans are being made.
If you doubt me, just check out Presidential Decision Directive 63, issued by Bill Clinton in May. It calls for the development of a plan to ensure "essential national security missions" as well as general public health and safety by, you guessed it, the year 2000.
The carefully worded directive emphasizes the preservation of order, the delivery of minimum essential services and the maintenance of a "national infrastructure protection system" involving the military, intelligence agencies, law enforcement and the mandatory participation of the "private sector."
Under the directive, the "National Infrastructure Protection Center," which includes the FBI, the Secret Service, other federal law enforcement agencies, the Department of Defense and the intelligence agencies, calls the shots. To me, the cynic, all this sounds like code for martial law.
I'm not ready to panic, mind you. In fact, that would only play into the hands of those evil opportunists in government who might envision a worst-case scenario as a vehicle to maintain -- even consolidate -- power. But it's time to start facing up to the possibility that this crisis might just result in that "large wreck." It would be irresponsible to do anything else.
from WorldNetDaily 1999-Feb-1, by Jon E. Dougherty, from http://www.worldnetdaily.com/bluesky_dougherty/19990201_xex_clintons_ree.shtml:
Clinton's re-election plans?
Bill to repeal 22nd Amendment introducedThe Internet and talk radio programs across the country are buzzing about presumably joking remarks made by White House press secretary Joe Lockhart regarding plans by President Clinton to seek re-election to a third term and legislation introduced in Congress that could facilitate such a bid.
Before taking questions during a Jan. 27 press briefing, White House spokesman Joe Lockhart and reporters exchanged some light banter about a proposed constitutional amendment that could have a lasting impact on the office of the presidency. The exchange went this way:
MR. LOCKHART: We'll do a couple of quick announcements before we get to questions.
Q: Is he (President Clinton) running for re-election?
MR. LOCKHART: Well, I guess we buried the lead here. The president announced that he wants to undo the Constitution and repeal the 22nd -- 23rd Amendments?
Q: Sounds like gymnastics -- constitutional gymnastics you're talking about here. (Laughter)
MR. LOCKHART: Yes, there you go. (Laughter.) All's fair in constitutional gymnastics. This is our double flip in the pike position.
The bill, H.J. Res. 17, was introduced in the House by Rep. Jose E. Serrano, D-NY, and his lone co-sponsor, Rep. Christopher Shays, R-CT, on Jan. 6. The bill was referred to the House Judiciary Committee for review, but, thus far, no floor action has been scheduled for it.
If the proposed repeal were to pass before Nov. 4th, 2000, then theoretically Bill Clinton could be the Democrat's choice for a third term in office. There is no language in the bill as it is currently written to bar the present commander-in-chief from running again.
The bill proposes "an amendment to the Constitution of the United States to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an individual may serve as president."
If H.J. Res. 17 were to be approved by both the House and Senate, then it would require three-fourths of the state legislatures to ratify it within seven years before the new amendment would be added to the Constitution.
However, few experts see much chance of passage.
Marshall Whitman, director of congressional relations with the Heritage Foundation, told WorldNetDaily it had "virtually no chance" of passing during the 106th Congress.
"It's dead on arrival," he said.
from Federal Computer Week, October 5, 1998, from http://www.fcw.com/pubs/fcw/1998/1005/fcw-newsy2kshort-10-5-98.html:
Coming up short on Y2K
Many agencies missed last week's OMB goal for having systems fixed and ready for testing
BY ORLANDO De BRUCE (orlando_debruce@fcw.com)
The first major Year 2000 milestone passed almost unnoticed last week.
Sept. 30 was a target date set by the Clinton administration for agencies to have all their mission-critical systems renovated, yet it slipped quietly past many federal agencies, which are still frantically fixing their computer systems, and past many critics.
In a quarterly report released in November 1997, the Office of Management and Budget asked agencies to complete the renovation of all mission-critical systems by September. OMB also set January 1999 as the deadline for agencies to complete testing the systems and March 1999 as the date to reinstall the systems.
Most of the seven agencies OMB identified as being the furthest behind in Year 2000 fixes, in the so-called Tier 1 category, did not meet OMB's goal for renovation.
Tier 1 agencies include the departments of Defense, Education, Energy, Health and Human Services, State and Transportation and the Agency for International Development.
Although most Tier 1 agencies fall short or do not have data to report current figures, it appears that nothing will be done by OMB in the short term to help those agencies catch up. An OMB spokesman said the targeted date was not a "deadline" but rather a "goal" that the chief information officers set and that OMB included in its August 1998 quarterly report.
He said the idea behind the goal was for "agencies to try and meet" the milestone and that OMB "will wait for the next quarterly report to come out'' before commenting further. The next report is scheduled to be released by late November or early December.
Rep. Stephen Horn (R-Calif.), who has led the oversight of agencies' Year 2000 progress in the House, said OMB has few options to force agencies that did not meet the September goal to improve their progress. However, he said OMB should make Tier 1 agencies submit weekly reports on their Year 2000 efforts.
"If an agency has renovated 85 percent of its systems, that's not bad,'' said Horn, who admitted that he was not aware of the September goal. "But what can OMB do if the systems are not renovated? All we can do is bring it to light.''
Defense Department officials said they could not provide current data on how many mission-critical systems have been renovated since the August report because that data will not be collected until shortly before the next OMB quarterly report is released this fall.
In the recent quarterly report, DOD reported that 70 percent of its mission-critical systems have been renovated.
By contrast, some agencies have identified that more of their mission-critical systems have been renovated since the summer but still fall short of the September goal, and these agencies are not scheduled to finish the job until the end of this year or even later. The U.S. Agency for International Development, for example, is scheduled to have four of its five mission-critical systems renovated by January, with the remaining system renovated by March. John Streufert, a Year 2000 program manager at USAID, said only two of the agencies' mission-critical systems have been renovated.
Streufert said that if the agency had the funding, it could accelerate its Year 2000 efforts and have the mission-critical systems renovated much sooner. "It's feasible that we can speed things up if we had the funds,'' he said. "We are requesting Y2K supplemental funds to accelerate technical activity.''
Gay Morris, the Year 2000 manager at HHS, said HHS expects to receive data this week on how far along it has come in its renovation. The agency's internal systems, Morris said, are all renovated. External systems -- those run by contractors for functions such as medical billing under the Medicare program -- are causing concern, she said.
"I have no way of saying to vendors what they must get to me when they are not in my management structure,'' Morris said. "We are trying to verify the data that external companies have submitted. We're hoping to get the data by [Oct. 5].''
Olga Grkavac, senior vice president of the Information Technology Association of America's Enterprise Solutions Division, said she is not surprised that the Tier 1 agencies did not meet the Sept. 30 goal.
"I thought the date was not achievable for most of the agencies in view of where they are,'' Grkavac said. "This is not the only deadline many of the agencies will miss..... The concern is, time still marches on."
from The Washington Times, July 31, 1998, from http://www.washtimes.com/investiga/investiga2.html:
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from http://cgi.pathfinder.com/netly/afternoon/0%2c1012%2c2038%2c00.html (June 4, 1998):
The Martial Plan
Think the Year 2000 problem means mere elevator snafus? Try dealing with a platoon of Marines who show up in your front yard to confiscate your hoarded lentils. Sen. Robert Bennett (R-Utah) asked the deputy secretary of defense at a hearing this morning what plans the Pentagon has "in the event of a Y2K-induced breakdown of community services that might call for martial law." John Hamre replied carefully, but none too reassuringly, "We've got fundamental issues to deal with that go beyond just the Year 2000 contingency planning. And I think you're right to bring that up." Another distressing point that came up at the Senate Armed Services committee hearing was the fact that the military directs one quarter of U.S. air traffic. "You may be flying across the country and an air traffic controller may be a military guy in certain areas as opposed to it being an FAA person," Hamre said. Although the FAA's head Y2K guru assured us this afternoon that the agency will have its Y2K fixes complete by October 1998, the military appears to be in much worse shape. And other countries? "We can be sure that there will be social unrest in many parts of the world as a result of Y2K," Bennett said. For the record, though, Bennett did say, "I am not one of those who says that Y2K will automatically produce martial law," and blamed "alarmists, extremists out there on the Internet" for unnecessary scaremongering. --By Declan McCullagh/Washington
from http://cgi.pathfinder.com/netly/afternoon/0%2c1012%2c1990%2c00.html (May 13, 1998):
Boom, Boom, Out Go the Lights
The good news: Computers in securities firms and brokerages will survive the perilous transition to 1-1-00. The bad news? There may be no electricity to power them. At a breakfast briefing today, an industry representative assured about 80 congressional aides that securities companies were in excellent health. "There will be a successful conversion to Year 2000 in the United States in the securities industry," predicted Arthur Thomas, chair of the Securities Industry Association's Y2K committee. An industry-wide test is scheduled for March 1999, with a trial run this summer. As for the rest of the world, well, "when you get into emerging markets, there could be turmoil." Harris Miller, president of the Information Technology Association of America, said this proves the U.S. government must show more leadership. (ITAA certifies companies as Y2K-OK for $7,700 to $9,250.) Speaking last was David Hall, an embedded-systems consultant at Cara Corporation, who warned of power outages. "Every test I have seen done on an electrical power plant has caused it to shut down. Period. I know of no plant or facility investigated to this date that has passed without Y2K problems," he said. Added Hall: "Things like this come out and the mass media gets ahold of it -- you're going to have shortages because of panic. How to communicate this to the public needs to be addressed." It's a little late now. --By Declan McCullagh/Washington