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Context of 'December 19, 2002: Administration Says It Will Review Hundreds of Environmental Regulations'

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The Federal Emergency Management Agency (FEMA), known best as a relief agency for victims of natural disasters, is secretly dedicated to the highly classified Continuity of Government (COG) program, which is meant to ensure the survival of the federal government in times of national emergency. Upon its establishment, FEMA absorbs the Defense Civil Preparedness Agency (DCPA) and the Federal Preparedness Agency (FPA), which were previously responsible for the top-secret plans (see April 1, 1979). During the 1980s and into the early 1990s, FEMA’s budget and workforce are overwhelming geared towards the COG program (see 1982-1991 and February 1993). FEMA remains in charge of overseeing the government’s continuity plans up to present day. According to FEMA’s website, the agency’s Office of National Continuity Programs (NCP) is currently the “Lead Agent for the Federal Executive Branch on matters concerning continuity of national operations under the gravest of conditions.” [fema.gov, 6/4/2009]

Entity Tags: Office of National Continuity Programs, Federal Emergency Management Agency, Defense Civil Preparedness Agency, Federal Preparedness Agency

Timeline Tags: Civil Liberties

The National Program Office (NPO), which is responsible for the highly classified Continuity of Government program, establishes a secret line of presidential succession for certain “narrowly defined” emergency situations. According to the traditional legal line of succession, should the president of the United States be killed or incapacitated, he is to be replaced by the vice president, followed by the Speaker of the House of Representatives, then by the President Pro Tempore of the Senate, then each cabinet member from the Secretary of State down. The alternative succession plan developed by the NPO, known officially as the Presidential Successor Support System, or “PS cubed,” would suspend these traditional rules and allow a small group of officials to appoint a new government. A source with knowledge of the plan says it would “suspend that natural succession and these individuals would have the right to appoint, virtually appoint, a new government.” The program, according to author James Mann, calls for “setting aside the legal rules of presidential succession in some circumstances, in favor of a secret procedure for putting in place a new ‘president’ and his staff.” The idea is to “concentrate on speed, to preserve ‘continuity of government,’ and to avoid cumbersome procedures; the speaker of the House, the president pro tempore of the Senate, and the rest of Congress would play a greatly diminished role.” The alternative succession plan allows the presidency, the vice presidency, and each cabinet position to be filled by individuals from both inside and outside the active government. In 1991, CNN will list the names of several people that may assume power should the plan be put into action, including Dick Cheney, Howard Baker, Richard Helms, Jeane Kirkpatrick, James Schlesinger, Edwin Meese, Dick Thornburgh, and Tip O’Neill. Some participants say the alternative succession plan is absolutely necessary to ensure the survival of the federal government, but others argue the secrecy of the program undermines its credibility. “If no one knows in advance what the line of succession is meant to be,” says a constitutional scholar from Duke University, “then almost by hypothesis no one will have any reason to believe that those who claim to be exercising that authority in fact possess it.” [CNN Special Assignment, 11/17/1991; Atlantic Monthly, 3/2004]

Entity Tags: Jeane Kirkpatrick, Edwin Meese, James R. Schlesinger, Thomas Phillip ‘Tip’ O’Neill, Jr, Richard (“Dick”) Cheney, Richard Helms, National Program Office, Richard Thornburgh, Howard Baker

Timeline Tags: Civil Liberties

Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975.Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975. [Source: David Hume Kennerly / Gerald R. Ford Library] (click image to enlarge)Throughout the 1980s, Dick Cheney and Donald Rumsfeld are key players in one of the most highly classified programs of the Reagan administration. Presently, Cheney is working as a Republican congressman, while Rumsfeld is head of the pharmaceutical company G. D. Searle. At least once per year, they both leave their day jobs for periods of three or four days. They head to Andrews Air Force Base, near Washington, DC, and along with 40 to 60 federal officials and one member of the Reagan Cabinet are taken to a remote location within the US, such as an underground bunker. While they are gone, none of their work colleagues, or even their wives, knows where they are. They are participating in detailed planning exercises for keeping government running during and after a nuclear war with the Soviet Union.
Unconstitutional 'Continuity of Government' - This highly secret “Continuity of Government” (COG) program is known as Project 908. The idea is that if the US were under a nuclear attack, three teams would be sent from Washington to separate locations around the US to prepare to take leadership of the country. If somehow one team was located and hit with a nuclear weapon, the second or third team could take its place. Each of the three teams includes representatives from the State Department, Defense Department, CIA, and various domestic-policy agencies. The program is run by a new government agency called the National Program Office. Based in the Washington area, it has a budget of hundreds of million dollars a year, which grows to $1 billion per year by the end of Reagan’s first term in office. Within the National Security Council, the “action officer” involved in the COG program is Oliver North, who is a key figure in the mid-1980s Iran-Contra scandal. Reagan’s Vice President, George H. W. Bush, also supervises some of the program’s efforts. As well as Cheney and Rumsfeld, other known figures involved in the COG exercises include Kenneth Duberstein, who serves for a time as President Reagan’s chief of staff, and future CIA Director James Woolsey. Another regular participant is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). The program, though, is extraconstitutional, as it establishes a process for designating a new US president that is nowhere authorized in the US Constitution or federal law. After George H. W. Bush is elected president in 1988 and the effective end of the Soviet Union in 1989, the exercises continue. They will go on after Bill Clinton is elected president, but will then be based around the threat posed by terrorists, rather than the Soviet Union (see 1992-2000). According to journalist James Mann, the participation of Rumsfeld and Cheney in these exercises demonstrates a broader truth about them: “Over three decades, from the Ford administration onward, even when they were out of the executive branch of government, they were never too far away; they stayed in touch with its defense, military, and intelligence officials and were regularly called upon by those officials. Cheney and Rumsfeld were, in a sense, a part of the permanent, though hidden, national security apparatus of the United States.” [Mann, 2004, pp. 138-145; Atlantic Monthly, 3/2004; Washington Post, 4/7/2004; Cockburn, 2007, pp. 85]
No Role for Congress - According to one participant, “One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them.” Thus the decision is made to abandon the Constitutional framework of the nation’s government if this plan is ever activated. [Dubose and Bernstein, 2006, pp. 198]
Reactivated after 9/11 - The plan they rehearse for in the COG exercises will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002] Mann subsequently comments, “The program is of particular interest today because it helps to explain the thinking and behavior of the second Bush Administration in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke, Richard (“Dick”) Cheney, Oliver North, National Program Office, James Woolsey, Kenneth Duberstein, Donald Rumsfeld, George Herbert Walker Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

The Federal Emergency Management Agency (FEMA), known best as a relief agency for victims of natural disasters, spends the majority of its budget on secret “doomsday” preparations. Since its creation, FEMA has been secretly dedicated to the highly classified Continuity of Government (COG) program, which is meant to keep the government functioning in times of national emergency (see April 1, 1979-Present). Over a 10-year period, from 1982 to 1991, FEMA spends $2.9 billion—about 78 percent of its total budget—on classified national security programs. As Cox News Service will later note, “That’s roughly 12 times more than the $243 million FEMA spent during those 10 years preparing for natural disasters such as hurricanes, earthquakes, and floods.” [Cox News Service, 2/22/1993]

Entity Tags: Federal Emergency Management Agency

Timeline Tags: Civil Liberties

Richard Clarke, who will be the counterterrorism “tsar” on 9/11, regularly participates in a series of highly secret “Continuity of Government” (COG) exercises. [Washington Post, 4/7/2004] Throughout the 1980s, the COG exercises rehearse how to keep the federal government running during and after a nuclear war with the Soviet Union (see 1981-1992). After the fall of the Soviet Union, the exercises continue, but based instead around a possible terrorist attack on the United States (see 1992-2000). [Atlantic Monthly, 3/2004] In 2004, Clarke will reveal that he has participated regularly in these exercises over the previous 20 years. He recalls that he had “gone off into caves in mountains in remote locations and spent days on end in miserable conditions, pretending that the rest of the world had blown up, and going through the questions, going through the drill.” He adds: “Everyone there play acts that it’s really happened. You can’t go outside because of the radioactivity. You can’t use the phones because they’re not connected to anything.” He also describes the COG plan requiring coded communications, saying: “There’s an elaborate system for the people in this network, first of all, to verify each other’s identity. That person on the other end has a certain password and information that they have to pass for us to believe that they’re who they say they are.” [Washington Post, 4/7/2004; ABC News, 4/25/2004] Clarke was a senior analyst at the State Department since 1979, and rises to prominence during the Reagan administration when he becomes deputy assistant secretary of state for intelligence. [Washington Post, 3/13/2003; BBC, 3/22/2004] After being a member of the National Security Council since 1992, in 1998 he is appointed as counterterrorism “tsar” (see May 22, 1998). [9/11 Commission, 3/24/2004 pdf file; New York Review of Books, 5/13/2004; Independent, 6/14/2004] According to journalist James Mann, the COG program is of particular interest because it helps explain the thinking and behavior of the Bush administration “in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004] On the morning of 9/11, Clarke is in fact responsible for activating the COG plan, the first time it is ever implemented (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8; ABC News, 4/25/2004] Also participating in the COG exercises, at least throughout at 1980s, are Dick Cheney and Donald Rumsfeld, who on 9/11 are the vice president and secretary of defense, respectively. [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Justice Department lawyer Samuel Alito, a member of the department’s Litigation Strategy Working Group, writes a memo advocating the creation of a pilot project designed to increase the frequency and impact of presidential signing statements (see August 23, 1985 - December 1985 and October 1985). The rationale is to use signing statements to “increase the power of the executive to shape the law.” Alito focuses on the use of signing statements to parallel the legislative history of a bill, a relatively modest view, but still recognizes the potentially revolutionary nature of the idea. He writes that signing statements must be used incrementally, so as not to draw undue attention from civil libertarians and key Congressional members. “[D]ue to the novelty of the procedure and the potential increase of presidential power,” he writes, “[C]ongress is likely to resent the fact that the president will get the last word on questions of interpretation.” Alito suggests that President Reagan begin issuing signing statements only on bills affecting the Justice Department, and later issue such statements for bills that affect other areas of the federal government. “As an introductory step, our interpretative statements should be of moderate size and scope,” he writes. “Only relatively important questions should be addressed. We should concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress. The first step will be to convince the courts that presidential signing statements are valuable interpretive tools.” President Reagan will issue signing statements that challenge, interpret, or actually rewrite 95 sections of bills, far more than any other president. His successor, George H. W. Bush, will challenge 232 sections of bills. [Savage, 2007, pp. 233-234]

Entity Tags: Litigation Strategy Working Group, George Herbert Walker Bush, Samuel Alito, US Department of Justice, Ronald Reagan

Timeline Tags: Civil Liberties

Edwin Meese.Edwin Meese. [Source: GQ (.com)]Attorney General Edwin Meese receives a report, “Separation of Powers: Legislative-Executive Relations.” Meese had commissioned the report from the Justice Department’s Domestic Policy Committee, an internal “think tank” staffed with hardline conservative scholars and policy advisers.
Recommendations for Restoring, Expanding Executive Power - The Meese report approvingly notes that “the strong leadership of President Reagan seems clearly to have ended the congressional resurgence of the 1970s.” It lays out recommendations for restoring the power taken from the executive branch after Watergate and Vietnam, and adding new powers besides. It recommends that the White House refuse to enforce laws and statutes that “unconstitutionally encroach upon the executive branch,” and for Reagan to veto more legislation and to use “signing statements” to state the White House’s position on newly passed laws. It also assails the 1972 War Powers Resolution and other laws that limit presidential power.
Reinterpreting the Separation of Powers and the Concept of 'Checks and Balances' - Perhaps most importantly, the Meese report claims that for 200 years, courts and scholars alike have misunderstood and misinterpreted the Founders’ intentions in positing the “separation of powers” system (see 1787 and 1793). The belief that the Constitution mandates three separate, co-equal branches of government—executive, judicial, and legislative—who wield overlapping areas of authority and work to keep each of the other branches from usurping too much power—a concept taught in school as “checks and balances”—is wrong, the report asserts. Instead, each branch has separate and independent sets of powers, and none of the three branches may tread or encroach on the others’ area of responsibility and authority. “The only ‘sharing of power’ is the sharing of the sum of all national government power,” the report claims. “But that is not joint shared, it is explicitly divided among the three branches.” According to the report, the White House should exercise total and unchallenged control of the executive branch, which, as reporter and author Charlie Savage will later explain, “could be conceived of as a unitary being with the president as its brain.” The concept of “checks and balances” is nothing more than an unconstitutional attempt by Congress to encroach on the rightful power of the executive. This theory of presidential function will soon be dubbed the “unitary executive theory,” a title adapted from a passage by Alexander Hamilton in the Federalist Papers. [Savage, 2007, pp. 47-48] Charles Fried, Reagan’s solicitor general during the second term, will later write that though the unitary executive theory displays “perfect logic” and a “beautiful symmetry,” it is difficult to defend, because it “is not literally compelled by the words of the Constitution. Nor did the framers’ intent compel this view.” [Savage, 2007, pp. 50]

Entity Tags: Charles Fried, Reagan administration, Domestic Policy Committee, US Department of Justice, Ronald Reagan, Edwin Meese, Charlie Savage

Timeline Tags: Civil Liberties

Hurricane Hugo, shortly before making landfall in South Carolina.Hurricane Hugo, shortly before making landfall in South Carolina. [Source: U.S. National Oceanic and Atmospheric Administration,]The Federal Emergency Management Agency (FEMA) is strongly criticized for not providing adequate relief to the victims of Hurricane Hugo, a Category 5 storm that hit near Charleston, South Carolina. The storm causes billions of dollars in damage, displaces tens of thousands, and leaves hundreds of thousands jobless and without power. After the storm passes, FEMA is slow to take action. The first FEMA relief office opens a full week after the storm hits. Once the agency moves in, red tape, minimal resources, and poor management bog down the relief efforts. Senator Ernest Hollings (D-SC) bluntly describes FEMA’s hierarchy as a “bunch of bureaucratic jackasses” that should just “get the hell out of the way.” Charleston Mayor Joseph P. Riley Jr. criticizes FEMA for not bringing enough people or resources to his city. The relief system established by FEMA, he says, “is not designed to cope immediately and urgently with a major disaster.” Robert Hoffman, the mayor of St. Stephen in Berkeley County, says: “I really had more faith in our government.… We’re in serious trouble if FEMA is going to be the [lead] organization in the event of a nuclear war.” Unbeknownst to most of the public and government, the majority of the disaster agency is preoccupied with developing plans for a nuclear doomsday as part of the highly classified Continuity of Government program (see April 1, 1979-Present). [Associated Press, 10/1/1989; Washington Post, 10/4/1989; National Weather Service, National Hurricane Center, 8/1/2005]

Entity Tags: Federal Emergency Management Agency, Ernest F. Hollings, Joseph P. Riley Jr.

Timeline Tags: Civil Liberties

Retired 20-year Army intelligence veteran, classified security expert, and whistleblower Fred Westerman is hundreds of thousands of dollars in debt and unable to find work in the field he knows best. Beginning in 1985, Westerman headed a security firm that worked on the highly classified Continuity of Government program, which is designed to keep the government functioning in times of disaster (see 1985). The program is predominantly run by the clandestine National Program Office (see (1982 -1991)) and the Federal Emergency Management Agency (FEMA—see April 1, 1979-Present). Westerman reported several instances of waste, fraud, and abuse within the classified program to the FBI, the Army, and the inspector general’s office within FEMA (see 1986-1987). Westerman’s contract with the government was subsequently canceled (see December 1987) and the Justice Department launched an investigation of Westerman and his company when he attempted to file a lawsuit against the government (see November 1988 and November 1988). For the past three years, Westerman has been living in what CNN describes as an “intelligence twilight zone… unable to clear his name, unable to resolve his legal cases… caught in an unwinnable struggle with the powerful secret National Program Office.” Westerman has lost his security clearances, government contracts, and reputation (see 1990). “What assets I did have, have either been sold off or have been mortgaged to the hilt,” he tells CNN. “I am in financial disrepair. I am unemployable in the profession that I know best.” David Mann, a security consultant who served with Westerman, tells CNN: “I think what is happening to him particularly is that the federal attorneys and whoever is driving them to do their job are attempting to ruin the man through legal means.… It is a type of modern McCarthyism if you will.” [CNN Special Assignment, 11/17/1991]

Entity Tags: National Program Office, Federal Emergency Management Agency, Systems Evaluations Incorporated, Fred Westerman, US Department of Justice, US Army Corps of Engineers

Timeline Tags: Civil Liberties

During the 1980s, Dick Cheney and Donald Rumsfeld were regular participants in top-secret exercises, designed to test a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war with the Soviet Union (see 1981-1992). Despite the fall of the Berlin Wall and the collapse of the Soviet Union, the COG exercises continue into the 1990s, being budgeted still at over $200 million per year.
Exercises Prepare for Terrorist Attacks - Now, terrorists replace the Soviet Union as the imagined threat in the exercises. The terrorism envisaged is almost always state-sponsored, with the imagined terrorists acting on behalf of a government. According to journalist James Mann, the COG exercises are abandoned fairly early in the Clinton era, as the scenario is considered farfetched and outdated. However another journalist, Andrew Cockburn, suggests they continue for longer.
Exercise Participants Are Republican Hawks - Cockburn adds that, while the “shadow government” created in the exercises had previously been drawn from across the political spectrum, now the players are almost exclusively Republican hawks. A former Pentagon official with direct knowledge of the program will later say: “It was one way for these people to stay in touch. They’d meet, do the exercise, but also sit around and castigate the Clinton administration in the most extreme way. You could say this was a secret government-in-waiting. The Clinton administration was extraordinarily inattentive, [they had] no idea what was going on.” [Atlantic Monthly, 3/2004; Cockburn, 2007, pp. 88]
Richard Clarke Participates - A regular participant in these COG exercises is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). [Washington Post, 4/7/2004; ABC News, 4/25/2004] Although he will later come to prominence for his criticisms of the administration of President George W. Bush, some who have known him will say they consider Clarke to be hawkish and conservative (see May 22, 1998). [Boston Globe, 3/29/2004; US News and World Report, 4/5/2004] The Continuity of Government plan will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002]

Entity Tags: Clinton administration, Andrew Cockburn, Richard A. Clarke, Donald Rumsfeld, Richard (“Dick”) Cheney, James Mann, US Department of Defense

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Damage from Hurricane Andrew, in Dade County, Florida.Damage from Hurricane Andrew, in Dade County, Florida. [Source: Greenpeace]Approximately three years after facing harsh criticism for its response to Hurricane Hugo (see September-November 1989), the Federal Emergency Management Agency (FEMA) is denounced for not providing adequate relief in the wake of Hurricane Andrew. The storm, which devastates regions of southern Florida and Louisiana, claims dozens of lives, leaves up to a quarter million people temporarily homeless, and causes more than $26 billion in damage. [National Hurricane Center, 12/10/1993; National Hurricane Center, 8/1/2005] Nearly a week after Andrew passes, local officials and citizens in the hardest hit areas are still waiting for assistance from the federal government. Days after the storm, the New York Times reports it is still “unclear just who is in charge of the Federal relief effort.” [New York Times, 8/27/1982] “Blame for the government’s delayed response to Hurricane Andrew is being placed squarely at the feet of the Federal Emergency Management Agency,” the Associated Press reports. Even after FEMA moves in, relief is delayed by a lack of resources and bureaucratic red tape. [Associated Press, 8/29/1992] In some cases, the agency brings equipment designed for a nuclear war instead of basic supplies. When the city manager of Homestead, Florida, requests 100 hand-held radios, FEMA is only able to provide high-tech mobile command vehicles (see 1982-April 1994). As Cox News Service will later report: “FEMA sent high-tech vans, capable of sending encrypted, multi-frequency radio messages to military aircraft halfway around the world.… FEMA equipment could call in an air strike but Homestead never got its hand-held radios.” Franklin, Louisiana, which is reportedly “flattened” by the storm, is similarly offered a communications vehicle instead of basic relief. “They offered a mobile communications unit and I told them that was unacceptable,” says Representative Billy Tauzin (D-LA). Senator Barbara Mikulski (D-MD) says the government’s response to the storm is “seen by many of Hurricane Andrew’s victims in Florida as a disaster itself.” Unbeknown to most of the public and government, FEMA is secretly preoccupied with preparations for a nuclear doomsday (see April 1, 1979-Present). [Associated Press, 8/29/1992; Cox News Service, 2/22/1993]

Entity Tags: W.J. (“Billy”) Tauzin, Barbara Mikulski, Federal Emergency Management Agency

Timeline Tags: Civil Liberties

The Clinton administration reorganizes the Federal Emergency Management Agency (FEMA), shifting resources away from secret projects and into disaster relief programs. During the previous two administrations, FEMA’s resources were overwhelmingly geared towards the highly classified Continuity of Government program, meant to keep the government functioning in times of extreme national emergency (see April 1, 1979-Present). The changes to the disaster agency are prompted by strong criticism of FEMA’s response to Hurricane Andrew (see August-September 1992). The secret COG programs are scaled back, but not totally discontinued. The newly appointed director of FEMA, James Lee Witt, eliminates FEMA’s secretive National Preparedness Directorate and shifts its responsibilities to other sections of the disaster agency. FEMA’s budget shows a dramatic drop in funding for secret projects, from about $100 million in 1993 to only $7.5 million in 1994. “What [Director Witt has] done is put FEMA in an all-hazards approach and put it aboveboard,” says FEMA spokesperson Morrie Goodman. “There are, of course,” Goodman adds, “certain areas that can’t be discussed or even acknowledged. That’s just the nature of the beast.” Indeed, uncertainties remain regarding the true extent of FEMA’s reformation. As Mother Jones magazine notes, the reduced classified budget “reflects only a fragment of FEMA’s investment in doomsday preparations, given that many former projects have been redesignated as ‘dual-use’ responses for both natural disasters and national security emergencies.” According to Mother Jones, “much of the doomsday bureaucracy remains intact, parts of the fifth floor are still restricted, and there has been no concerted effort to declassify the underground command posts.” Government officials will claim in 1994 that the COG program is coming to a total end (see April 18, 1994), but FEMA will continue to pursue its secret agenda for years to come (see April 1, 1979-Present). [National Academy of Public Administration, 2/1993 pdf file; Gup and Aftergood, 1/1994; New York Times, 4/18/1994; Sylves, 5/1994]

Entity Tags: James Lee Witt, Federal Emergency Management Agency, National Preparedness Directorate, Clinton administration

Timeline Tags: Civil Liberties

The Federal Emergency Management Agency (FEMA), known best as a relief agency for victims of natural disasters, is preoccupied with preparations for a nuclear doomsday, according to Cox News Service. FEMA employees planning for natural disasters are outnumbered more than three-to-one by those working for the agency’s National Preparedness Directorate, which is responsible for overseeing preparations for nuclear war. Since its creation, FEMA has been secretly dedicated to the highly classified Continuity of Government (COG) program, meant to keep the government functioning in times of national emergency (see April 1, 1979-Present and 1982-1991). Cox News Service finds: “Only 20 members of Congress—those with adequate security clearance—know that rather than concentrating on natural disasters such as last year’s Hurricane Andrew, the Federal Emergency Management Agency has been gearing up for Armageddon. While a small group [of FEMA employees] is responsible for helping victims of natural disasters, most of the agency is preoccupied with developing high-tech gadgets for a nuclear doomsday.” [Cox News Service, 2/22/1993]

Entity Tags: Federal Emergency Management Agency, National Preparedness Directorate

Timeline Tags: Civil Liberties

Government officials say the highly classified “doomsday” project, also known as the Continuity of Government (COG) program, is being shut down. The secretive program was first designed during the cold war to keep the government functioning in the event of a nuclear conflict with the Soviet Union. “The nuclear tensions of that era having subsided, the project has less than six months to live,” the New York Times reports, citing Pentagon officials. [New York Times, 4/18/1994] Despite the claims, the classified plans will not be discontinued. The Clinton administration will actually update the protocols and place a new emphasis on weapons of mass destruction and counterterrorism (see June 21, 1995, October 21, 1998 and Early 1998). The COG program will be officially activated for the first time during the 9/11 attacks and later extended indefinitely (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002]

Entity Tags: Clinton administration

Timeline Tags: Civil Liberties

The Alfred P. Murrah Building after being bombed.The Alfred P. Murrah Building after being bombed. [Source: CBS News]A truck bomb destroys the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people in America’s worst domestic terrorist attack. Timothy McVeigh, later convicted in the bombing, has ideological roots both in the Patriot world and among neo-Nazis like William Pierce, whose novel, The Turner Diaries (see 1978), served as a blueprint for the attack. [Washington Post, 4/20/1995; Southern Poverty Law Center, 6/2001; Clarke, 2004, pp. 127] Initially, many believe that no American set off the bomb, and suspect Islamist terrorists of actually carrying out the bombing (see 10:00 a.m. April 19, 1995 and After). Their suspicions prove groundless. Investigators will find that the bomb is constructed of some 5,000 pounds of ammonium nitrate and fuel oil, carried in 20 or so blue plastic 55-gallon barrels arranged inside a rented Ryder truck (see April 15, 1995). The bomb is detonated by a slow-burning safety fuse, most likely lit by hand. The fuse is attached to a much faster-burning detonation cord (“det cord”) which ignites the fertilizer and fuel-oil mixture. [New York Times, 4/27/1995] The Murrah Federal Building houses a number of federal agencies, including offices for the Bureau of Alcohol, Tobacco and Firearms (BATF); the Social Security Administration; the Housing and Urban Development (HUD), Veterans Affairs, and Agriculture departments; and the Secret Service. [Washington Post, 4/20/1995] It encompasses an entire city block, between 5th and 4th Streets and Harvey and Robinson Streets, and features a U-shaped, indented drive on 5th that allows for quick pickup and delivery parking. The entire building’s facade on this side is made of glass, allowing passersby to see into the offices in the building, as well as into the America’s Kids day care center on the second floor, which by this time is filling with children. It is in this driveway that McVeigh parks his truck. [Serrano, 1998, pp. 99-102]
Entering the City - McVeigh drives into Oklahoma City, entering around 8:30 a.m. from his overnight stop in Ponca City, Oklahoma; the details reported of his entrance into the city vary (see 7:00 a.m. - 8:35 a.m., April 19, 1995). At 8:55 a.m., a security camera captures the Ryder truck as it heads towards downtown Oklahoma City [Douglas O. Linder, 2006] , a sighting bolstered by three people leaving the building who later say they saw the truck parked in front of the Murrah Building around this time. At 8:57, a security camera captures an image of McVeigh’s Ryder truck being parked outside the Murrah Building in a handicapped zone. One survivor of the blast, Marine recruiter Michael Norfleet, later recalls seeing the Ryder truck parked just outside the building next to the little circle drive on 5th Street leading up to the main entrance of the building. Norfleet had parked his black Ford Ranger in front of the Ryder.
McVeigh Lights Fuses - McVeigh drives the Ryder truck west past the Murrah Building on NW Fourth Street, turns north on a one-way street, and turns right on Fifth Street. He pulls the truck over and parks near the Firestone store, next to a chain-link fence. He then lights the five-minute fuses from inside the cab (see 8:15 a.m. and After, April 18, 1995), sets the parking brake, drops the key behind the seat, opens the door, locks the truck, exits, and shuts the door behind him. A man later claims to have hit his brakes to avoid someone matching McVeigh’s description as he crossed Fifth Street around 9:00 a.m. McVeigh walks quickly toward a nearby YMCA building where he has hidden his getaway car, a battered yellow Mercury Marquis (see April 13, 1995), in the adjoining alleyway, crossing Robinson Street and crossing another street to get to the alleyway. He begins to jog as he approaches his car. He later says he remembers a woman looking at him as she is walking down the steps to enter the building; he will describe her as white, in her mid-30s, with dirty blonde hair. According to McVeigh’s own recollection, he is about 20 feet into the alley when the bomb goes off. [Stickney, 1996, pp. 184-185; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 158; Douglas O. Linder, 2006; The Oklahoman, 4/2009]
Truck Explodes - At 9:02 a.m., the truck explodes, destroying most of the Murrah Building and seriously damaging many nearby buildings. Eventually, it will be determined that 168 people die in the blast, including 19 children. Over 500 are injured. The children are in the second-story day care center just above the parking space where McVeigh leaves the Ryder truck. McVeigh will later tell his biographers that he is lifted off his feet by the power of the blast.
Devastation and Death - When the bomb detonates, the day care center and the children plummet into the basement. The building, constructed with large glass windows, collapses, sending a wave of flying glass shards and debris into the building and the surrounding area. The oldest victim is 73-year-old Charles Hurlbert, who has come to the Social Security office on the first floor. Hurlbert’s wife Jean, 67, also dies in the blast. The youngest victim is four-month-old Gabeon Bruce, whose mother is also in the Social Security office. One victim, Rebecca Anderson, is a nurse who runs towards the building to render assistance. She never makes it to the building; she is struck in the head by a piece of falling debris and will die in a hospital four days after the blast. Her heart and kidneys will be transplanted into survivors of the bombing. [Denver Post, 6/3/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 153-154; Oklahoma City Journal Record, 3/29/2001] Sherri Sparks, who has friends still unaccounted for in the building, tells a reporter in the hours after the blast, “Oh, I can’t stand the thought of… those innocent children, sitting there playing, thinking they’re safe, and then this happens.” The explosion leaves a 30-foot-wide, 8-foot-deep crater in the street that is covered by the wreckage of the building’s upper floors. The north face of the nine-story building collapses entirely. [Washington Post, 4/20/1995; Washington Post, 4/22/1995] Mary Heath, a psychologist who works about 20 blocks from the Murrah Building, says the blast “shook the daylights out of things—it scared us to death. We felt the windows shake before we heard the noise.” In a neighboring building, a Water Resources Board meeting is just commencing; the audiotape of the meeting captures the sound of the blast (see 9:02 a.m. and After, April 19, 1995). [Washington Post, 4/20/1995; The Oklahoman, 4/2009] Norfleet, trapped in the Marine Corps office, is thrown into a wall by the explosion. His skull is fractured, and a shard of glass punctures his right eye. Three separate arteries are pierced, and Norfleet begins bleeding heavily. Two supply sergeants in the office are far less injured; Norfleet asks one, “How bad am I hurt?” and one replies, “Sir, you look really bad.” One of the two begins giving Norfleet first aid; Norfleet later recalls: “He immediately went into combat mode and started taking care of me. He laid me on a table and he started looking for bandages to administer first aid. And while I was laying on that table, I just knew that I was losing strength and that if I stayed in the building, I would die.” Norfleet wraps a shirt around his head and face to slow the bleeding, and the two sergeants help him to the stairs, through the fallen rubble, and eventually out. Norfleet will later say that he follows “a blood trail of somebody that had gone down the steps before me” to get outside, where he is quickly put into an ambulance. He loses almost half his body’s blood supply and his right eye. He will never fly again, and will soon be discharged for medical incapacity. [Serrano, 1998, pp. 161-162] Eighteen-month-old Phillip Allen, called “P.J.” by his parents, miraculously survives the blast. The floor gives way beneath him and he plunges 18 feet to land on the stomach of an adult worker on the floor below, Calvin Johnson. Landing on Johnson’s stomach saves P.J.‘s life. Johnson is knocked unconscious by the blast and by the impact of the little boy falling on him, but when he awakes, he carries the toddler to safety. P.J.‘s grandfather calls the child “Oklahoma’s miracle kid,” and media reports use the label when retelling the story of the miraculous rescue. P.J. is one of six children in the day care center to survive the blast. [Stickney, 1996, pp. 275-277] Some people later report their belief that the Murrah Building was rocked by a second explosion just moments after the first one, the second coming from a secure area managed by the Bureau of Alcohol, Tobacco and Firearms (BATF) that illegally stored explosives. Law professor Douglas O. Linder will later write, “Both seismic evidence and witness testimony supports the ‘two blast theory.’” [Douglas O. Linder, 2006] That theory is later disputed (see After 9:02 a.m. April 19, 1995).
Explosion's Effects Felt Miles Away - Buildings near the Murrah are also damaged, seven severely, including the Journal Record newspaper building, the offices of Southwestern Bell, the Water Resources Board, an Athenian restaurant, the YMCA, a post office building, and the Regency Tower Hotel. Two Water Resources Board employees and a restaurant worker are killed in the blast. The Journal Record building loses its roof. Assistant Fire Chief Jon Hansen later recalls, “The entire block looked like something out of war-torn Bosnia.” Every building within four blocks of the Murrah suffers some effects. A United Parcel Service truck 10 miles away has its windows shattered by the blast. Cars in parking lots around the area catch fire and burn. Millions of sheets of paper, and an innumerable number of glass shards, shower down for hundreds of feet around the building. [Stickney, 1996, pp. 28-30]
Truck Axle Crushes Nearby Car - Richard Nichols (no relation to bomber Timothy McVeigh’s co-conspirator Terry Nichols), a maintenance worker standing with his wife a block and a half away from the Murrah Building, is spun around by the force of the blast. They throw open the back door of their car and begin taking their young nephew Chad Nichols out of the back seat, when Richard sees a large shaft of metal hurtling towards them. The “humongous object… spinning like a boomerang,” as Richard later describes it, hits the front of their Ford Festiva, smashing the windshield, crushing the front end, driving the rear end high into the air, and sending the entire car spinning backwards about 10 feet. Chad is not seriously injured. The metal shaft is the rear axle of the Ryder truck. Later, investigators determine that it weighs 250 pounds and was blown 575 feet from where the truck was parked. Governor Frank Keating (R-OK) points out the axle to reporters when he walks the scene a day or so later, causing some media outlets to incorrectly report that Keating “discovered” the axle. The scene will take investigators days to process for evidence. [Stickney, 1996, pp. 32; New York Times, 6/3/1997; Serrano, 1998, pp. 187-189]
First Responders Begin Arriving - Within minutes, survivors begin evacuating the building, and first responders appear on the scene (see 9:02 a.m. - 10:35 a.m. April 19, 1995).
McVeigh's Getaway - McVeigh flees the bomb site in his Mercury getaway car (see 9:02 a.m. and After, April 19, 1995), but is captured less than 90 minutes later (see 9:03 a.m. -- 10:17 a.m. April 19, 1995).

FEMA director James Lee Witt announces Project Impact, under which FEMA will foster partnerships between federal, state, and local emergency workers, as well as local businesses, to help individual communities reduce their vulnerability to certain types of natural disasters. Describing the new initiative, FEMA Director James Lee Witt says, “Our goal, starting with this summit, is to change the way America prevents and prepares for disasters. We’ve got to break the damage-repair-damage-repair cycle.” Project Impact is part of a broader mitigation program aimed at reducing the $14 billion in federal dollars spent annually on disaster relief. Witt says that prevention is necessary because of the apparent increased severity and frequency of natural disasters. [San Francisco Chronicle, 10/15/1997; Independent Weekly, 9/22/2004] Project Impact becomes the agency’s highest profile program. “In Seattle, Washington, for example, the grants [are] used to retrofit schools, bridges, and houses at risk from earthquakes. In Pascagoula, Mississippi, the project [funds] the creation of a database of structures in the local flood plain—crucial information for preparing mitigation plans. In several eastern North Carolina communities, it [helps] fund and coordinate buyouts of houses in flood-prone areas.” [Independent Weekly, 9/22/2004]

Entity Tags: James Lee Witt, Federal Emergency Management Agency, Project Impact

Timeline Tags: Hurricane Katrina

The State of Louisiana, the US Army Corps of Engineers, federal agencies, local governments, academics, and local community groups work together to develop a comprehensive restoration plan aimed at rebuilding Louisiana’s coastal wetlands. The plan, named “Coast 2050: Toward a Sustainable Coast,” outlines more than 80 restoration concepts that will serve as the basis for the more technical “Louisiana Coastal Area (LCA) Comprehensive Coastwide Study” that will eventually be submitted to the White House in 2004 (see October 2003). The Coast 2050 plan is a direct outgrowth of lessons learned from implementation of restoration projects under the Breaux Act (see November 29, 1990) and reflects a growing recognition that a more comprehensive systemic approach is needed. It is estimated that the Coast 2050 plan would cost $14 billion over the next 30 years to implement and require an annual budget of $470 million. It would restore natural drainage along Louisiana’s coast and direct the movement of sediment from the Mississippi to rebuild marshes. One of the plan’s strategies would be to install sediment traps at key locations in the river, from where sediment would be pumped through 100-mile long pipelines to rebuild wetlands and barrier islands. [Louisiana Coastal Wetlands Conservation and Restoration Task Force and Wetlands Conservation and Restoration Authority, 1998; Louisiana Coastal Area Study, 1/2003 pdf file; Civil Engineering, 6/2003; Louisiana Coastal Area Study, 7/2004 pdf file; Civil Engineering, 7/2004; USA Today, 8/30/2005] The Coast 2050 plan is endorsed by all 20 Louisiana coastal parishes, the federal Breaux Act (CWPPRA) Task Force, the State Wetlands Authority, and various environmental organizations, including the Coalition to Save Coastal Louisiana. “This approval is unprecedented,” says the Louisiana Coastal Area website. [National Wetlands Research Center, 9/20/2005]

Entity Tags: Louisiana State Wetlands Authority, CWPPRA Task Force, Coast 2050: Toward a Sustainable Coast, US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

President-elect George W. Bush meets with Donald Rumsfeld in Washington, and offers him the position of secretary of defense. Insiders are amazed that Bush would even consider Rumsfeld, the chief of staff for former President Ford (see September 21, 1974 and After), after Rumsfeld’s open contempt and enmity towards the elder Bush, the “Team B” onslaught against the elder Bush’s CIA (see Late November 1976 and Late November, 1976), and his attempts to keep Bush off the presidential tickets in 1976 and 1980 (see Before November 4, 1975). “Real bitterness there,” a close friend of the Bush family later says. “Makes you wonder what was going through Bush 43’s head when he made [Rumsfeld] secretary of defense.” The Bush family’s great friend and fixer, James Baker, even tries to dissuade Bush from choosing Rumsfeld, telling him, “All I’m going to say is, you know what he did to your daddy.” But Bush chooses Rumsfeld anyway. Not only does Rumsfeld have a long and fruitful relationship with Vice President Cheney (see 1969), but Rumsfeld, described as always an ingratiating courtier by author Craig Unger, plays on Bush’s insecurity about his lack of experience and his desire to be an effective commander in chief. Rumsfeld is also a key element of Cheney’s long-term plan to unify power in the executive branch (see 1981-1992), to the detriment of Congress and the judiciary. [Unger, 2007, pp. 186-187]

Entity Tags: Donald Rumsfeld, Craig Unger, Richard (“Dick”) Cheney, George W. Bush, James A. Baker

Timeline Tags: US Military

According to reporter and author Charlie Savage, the White House staff quickly coalesces into two camps: “Bush People[,] mostly personal friends of the new president who shared his inexperience in Washington,” which includes President Bush’s top legal counsels, Alberto Gonzales and Harriet Miers, both corporate lawyers in Texas before joining Bush in Washington. The second group is “Cheney People—allies from [Vice-President Dick] Cheney’s earlier stints in the federal government (see May 25, 1975, November 18, 1980, 1981-1992, 1989, and June 1996) who were deeply versed in Washington-level issues, a familiarity that would allow their views to dominate internal meetings. These included [Defense Secretary Donald] Rumsfeld and other cabinet secretaries, key deputies throughout the administration, and David Addington, Cheney’s longtime aide who would become a chief architect of the administration’s legal strategy in the war on terrorism” (see July 1, 1992 and (After 10:00 a.m.) September 11, 2001). Savage will observe, “Given the stark contrast in experience between Cheney and Bush, it was immediately clear to observers of all political stripes that Cheney would possess far more power than had any prior vice president.”
'Unprecedented' Influence - Cheney will certainly have “unprecedented” influence, according to neoconservative publisher William Kristol, who himself had served as former Vice President Dan Quayle’s chief of staff. “The question to ask about Cheney,” Kristol will write, is “will he be happy to be a very trusted executor of Bush’s policies—a confidant and counselor who suggests personnel and perhaps works on legislative strategy, but who really doesn’t try to change Bush’s mind about anything? Or will he actually, substantively try to shape administration policy in a few areas, in a way that it wouldn’t otherwise be going?”
Expanding the Power of the Presidency - Cheney will quickly answer that question, Savage will write, by attempting to “expand the power of the presidency.” Savage will continue: “He wanted to reduce the authority of Congress and the courts and to expand the ability of the commander in chief and his top advisers to govern with maximum flexibility and minimum oversight. He hoped to enlarge a zone of secrecy around the executive branch, to reduce the power of Congress to restrict presidential action, to undermine limits imposed by international treaties, to nominate judges who favored a stronger presidency, and to impose greater White House control over the permanent workings of government. And Cheney’s vision of expanded executive power was not limited to his and Bush’s own tenure in office. Rather, Cheney wanted to permanently alter the constitutional balance of American government, establishing powers that future presidents would be able to wield as well.” [Savage, 2007, pp. 7-9] Larry Wilkerson, the chief of staff for Secretary of State Colin Powell, will say after leaving the administration: “We used to say about both [Defense Secretary Donald Rumsfeld’s office] and the vice president’s office that they were going to win nine out of 10 battles, because they were ruthless, because they have a strategy, because they never, never deviate from that strategy. They make a decision, and they make it in secret, and they make it in a different way than the rest of the bureaucracy makes it, and then suddenly, foist it on the government—and the rest of the government is all confused.” [Unger, 2007, pp. 299]
Signing Statements to Reshape Legislation, Expand Presidential Power - To that end, Cheney ensures that all legislation is routed through his office for review before it reaches Bush’s desk. Addington goes through every bill for any new provisions that conceivably might infringe on the president’s power as Addington interprets it, and drafts signing statements for Bush to sign. In 2006, White House counsel Bradford Berenson will reflect: “Signing statements unite two of Addington’s passions. One is executive power. And the other is the inner alleyways of bureaucratic combat. It’s a way to advance executive power through those inner alleyways.… So he’s a vigorous advocate of signing statements and including important objections in signing statements. Most lawyers in the White House regard the bill review process as a tedious but necessary bureaucratic aspect of the job. Addington regarded it with relish. He would dive into a 200-page bill like it was a four-course meal.” It will not be long before White House and Justice Department lawyers begin vetting legislation themselves, with Addington’s views in mind. “You didn’t want to miss something,” says a then-lawyer in the White House. [Savage, 2007, pp. 236]

Entity Tags: David S. Addington, Bradford Berenson, Alberto R. Gonzales, Charlie Savage, William Kristol, Richard (“Dick”) Cheney, Donald Rumsfeld, Bush administration (43), Harriet E. Miers, George W. Bush, Lawrence Wilkerson

Timeline Tags: Civil Liberties

Gary Hart (left) and Warren Rudman (right) testify before a Senate committee in 2002.Gary Hart (left) and Warren Rudman (right) testify before a Senate committee in 2002. [Source: Reuters / Win McNamee]The final report of the US Commission on National Security/21st Century, co-chaired by former Senators Gary Hart (D-CO) and Warren Rudman (R-NH), is issued. The bipartisan panel was put together in 1998 by then-President Bill Clinton and then-House Speaker Newt Gingrich. Hart and Rudman personally brief National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, and Secretary of State Colin Powell on their findings. The report has 50 recommendations on how to combat terrorism in the US, but all of them are ignored by the Bush administration.
Shelved by White House - According to Hart, Congress will begin to take the commission’s suggestions seriously in March and April, and legislation is introduced to implement some of the recommendations. Then, “Frankly, the White House shut it down.… The president said, ‘Please wait, we’re going to turn this over to the vice president‘… and so Congress moved on to other things, like tax cuts and the issue of the day.” The White House will announce in May that it will have Vice President Dick Cheney study the potential problem of domestic terrorism, despite the fact that this commission had just studied the issue for 2 1/2 years. Interestingly, both this commission and the Bush administration were already assuming a new cabinet level National Homeland Security Agency would be enacted eventually, even as the public remained unaware of the term and the concept. [Salon, 9/12/2001; Salon, 4/2/2004]
Cannot Get Meeting with Bush - At the meeting with Rice, Rudman says he wants to see President Bush, and is planning to deliver a “blunt and very direct” warning to him that he needs to deal early in his presidency with the question of domestic terror threats. Rice initially agrees to pass on Rudman’s request for a meeting with Bush, but nothing happens. Rudman will contact Rice’s office several times, but still no meeting is arranged. Rudman will later say he is “disappointed” by this, adding, “There’s no question in my mind that somebody at the White House dropped the ball on this.” [Shenon, 2008, pp. 56-57]
Ignored by 9/11 Commission - Hart will be incredulous that neither he nor any of the other members of this commission are ever asked to testify before the 9/11 Commission. [Salon, 4/6/2004] The 9/11 Commission will later make many of the same recommendations as this commission. However, it will barely mention the Hart/Rudman Commission in its final report, except to note that Congress appointed it and failed to follow through on implementing its recommendations. [9/11 Commission, 7/24/2004, pp. 107, 479]

Entity Tags: US Congress, Newt Gingrich, Warren Rudman, Richard (“Dick”) Cheney, Donald Rumsfeld, Gary Hart, Commission on National Security/21st Century, Bush administration (43), 9/11 Commission, Condoleezza Rice, Colin Powell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After Congress approves the Bush administration’s proposal to terminate Project Impact (see October 14, 1997-2001), FEMA institutes a new program under which pre-disaster mitigation (PDMs) grants are awarded on a competitive basis. Critics, such as the National Emergency Management Association (NEMA), say that under the competitive based program, lower income communities will not be able to effectively compete with higher income areas. [Independent Weekly, 9/22/2004]

Entity Tags: Federal Emergency Management Agency, Project Impact, Bush administration (43)

Timeline Tags: Hurricane Katrina

The Bush administration’s proposed fiscal year 2002 budget includes a dramatic cut in federal funding for hazard mitigation grants, reducing the federal-state cost-sharing formula from 75/25 to 50/50. Mitigation grants allow localities to prepare for anticipated disasters by building levees and floodwalls, moving homes out of flood plains, and/or strengthening structures at risk from floods, earthquakes or other natural disasters. The Bush administration asserts that by making states pay more, they will spend the funds more wisely. “Shouldering a larger share of the costs will help to ensure that states select truly cost effective projects, an incentive that is missing if most of the funding is provided by FEMA,” the budget proposal reads. The proposed budget also eliminates FEMA’s Project Impact, the popular $25 million model mitigation program implemented during the Clinton administration in 1997 (see October 14, 1997-2001). Bush officials say the project, which has been launched in 250 cities and towns, “has not proven effective.” Additionally, the Bush administration proposes to eliminate $12 million from the National Flood Insurance Program budget by $12 million by denying coverage for thousands of “repetitive loss” properties in flood plains. [Office of Management and Budget, 2/27/2001, pp. 81 pdf file; Washington Post, 5/8/2001] A repetitive loss property is one that has suffered flood damage two or more times over a 10-year period and for which repair costs exceed more than 25 percent of its market value. [FEMA, 10/22/2004] White House spokesman Scott Stanzel explains that proposed cuts to these and other federal emergency management programs are part of “an ongoing effort to shift control and responsibility to the states and give them more flexibility.” [Washington Post, 5/8/2001] Jack Harrald, director of the Institute for Crisis, Disaster and Risk Management at George Washington University, says in an interview with the Washington Post that Bush administration officials “clearly are disassociating themselves from programs closely identified with the previous administration. Whether a broader philosophical process is going on is not entirely clear yet, but I suspect it is.” [Washington Post, 5/8/2001] Congress will reject the administration’s proposal to reduce the 75/50 cost-sharing formula, but agree to end Project Impact. [Independent Weekly, 9/22/2004]

Entity Tags: Scott Stanzel, Jack Harrald, Federal Emergency Management Agency, Bush administration (43), Project Impact

Timeline Tags: Hurricane Katrina

The American Society of Civil Engineers (ASCE) submits written testimony to Congress, recommending that it reject certain budget cuts proposed by the Bush administration for the Environmental Protection Agency (EPA) and FEMA. The administration’s proposed $3.3 billion budget for drinking-water and wastewater infrastructure is “totally inadequate,” according to the ASCE. Over the next 20 years, America’s water and wastewater systems need to increase funding by an annual $23 billion, just to meet the existing national environmental and public health priorities in the Clean Water Act and Safe Drinking Water Act and to replace aging and failing infrastructure, the ASCE reports, noting that in it’s recently released 2001 Report Card for America’s Infrastructure, “the drinking water and wastewater categories each received a grade of D.” The ASCE also tells Congress to reject the Bush administration’s proposal to eliminate Project Impact, a $25 million model mitigation program created by the Clinton administration in 1997 (see February 27, 2001) (see October 14, 1997-2001). “Project Impact is a nationwide public-private partnership designed to help communities become more disaster resistant. These types of natural hazard mitigation efforts are precisely what Congress should be funding, in an effort to avoid paying the much higher price after a tornado, earthquake or hurricane hits a local community. ASCE recommends that Congress fully fund Project Impact at the fiscal year 2001 appropriated level of $25 million.” [American Society of Civil Engineers, 3/21/2001 pdf file]

Entity Tags: Federal Emergency Management Agency, American Society of Civil Engineers, Environmental Protection Agency, Bush administration (43), Project Impact

Timeline Tags: Hurricane Katrina

Vice President Dick Cheney on television, May 8, 2001.Vice President Dick Cheney on television, May 8, 2001. [Source: CNN]In a brief statement, President Bush announces that Vice President Dick Cheney will oversee a “coordinated national effort” aimed at integrating the government’s plans for responding to the use of a chemical, biological, radiological, or nuclear weapon within the United States. Bush declares, “Should our efforts to reduce the threat to our country from weapons of mass destruction be less than fully successful, prudence dictates that the United States be fully prepared to deal effectively with the consequences of such a weapon being used here on our soil.” Bush says a new agency within the Federal Emergency Management Agency (FEMA), known as the Office of National Preparedness, will be “responsible for implementing the results of those parts of the national effort overseen by Vice President Cheney that deal with consequence management.” The Office of National Preparedness appears to be a reincarnation of FEMA’s old National Preparedness Directorate (NPD), which was disbanded by the Clinton administration in 1993 (see January 1993-October 1994). During the 1980s and early 1990s, the NPD secretly spent billions of dollars preparing for nuclear war and other national emergencies as part of the highly classified Continuity of Government (COG) program (see February 1993, 1982-1991, and April 1, 1979-Present). [Cox News Service, 2/22/1993] Under the Bush administration, the Office of National Preparedness (ONP) will apparently take over where the National Preparedness Directorate left off. According to Bush, the ONP “will coordinate all Federal programs dealing with weapons of mass destruction consequence management within the Departments of Defense, Health and Human Services, Justice, and Energy, the Environmental Protection Agency, and other federal agencies.” Cheney, who played a central role in the COG program during the Reagan administration (see 1981-1992 and 1980s), informs CNN, “[O]ne of our biggest threats as a nation” could be “domestic terrorism, but it may also be a terrorist organization overseas or even another state using weapons of mass destruction against the US.… [W]e need to look at this whole area, oftentimes referred to as homeland defense.” According to FEMA, the ONP will be up and running as early as the summer of 2001. President Bush says he “will periodically chair a meeting of the National Security Council to review these efforts.” [CNN, 5/8/2001; White House, 5/8/2001; New York Times, 7/8/2002] Cheney is meant to head a group that will draft a national terrorism response plan by October 1. [Chicago Sun-Times, 5/5/2001; Insight on the News, 6/18/2001] But, according to Barton Gellman of the Washington Post, “Neither Cheney’s review nor Bush’s took place.” [Washington Post, 1/20/2002] Former Senator Gary Hart (D-CO) later implies that Bush assigned this specific role to Cheney in order to prevent Congress from enacting counterterrorism legislation proposed by a bipartisan commission he had co-chaired in January (see January 31, 2001). [Salon, 4/2/2004; Salon, 4/6/2004] In July, two senators will send draft counterterrorism legislation to Cheney’s office, but a day before 9/11, they are told it might be another six months before he gets to it (see September 10, 2001). [Newsweek, 5/27/2002] Cheney’s “National Preparedness Review” is just beginning to hire staff a few days before 9/11 (see September 10, 2001). [Congressional Quarterly, 4/15/2004]

Entity Tags: Gary Hart, George W. Bush, Federal Emergency Management Agency, Office of National Preparedness, National Security Council, National Preparedness Directorate, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Big Sky Resort, Montana.Big Sky Resort, Montana. [Source: FedCenter.gov]Emergency managers from around the US, including Federal Emergency Management Agency (FEMA) Director Joseph Allbaugh and representatives from the emergency management agencies of 47 states, are in Big Sky, Montana, attending the annual conference of the National Emergency Management Association (NEMA), where the main focuses include the issues of domestic terrorism and weapons of mass destruction.
Most State Emergency Managers in Attendance - Conference attendees include around 350 government and industry emergency specialists. [New York Times, 9/12/2001; State Government News, 10/2001 pdf file] Among them are almost all of America’s state emergency management directors and most of the senior FEMA staff. [Stateline (.org), 9/13/2001] They are there, reportedly, “to hear briefings on the latest issues in domestic preparedness, improve state and local capabilities, address energy shortages, and discuss lessons from the February 2001 Nisqually earthquake.” [State Government News, 10/2001 pdf file] The attendees discuss anti-terrorism planning courses, and the status of federal aid and cooperation efforts. [Stateline (.org), 9/10/2002] Allbaugh is the event’s keynote speaker and gives his talk on September 10, in which he describes his focus on improving emergency capabilities and preparing for disaster. [New York Times, 9/12/2001; State Government News, 10/2001 pdf file]
Conference Ends Early Due to Attacks - The NEMA conference is originally scheduled to run until September 12. [Natural Hazards Observer, 3/2001; National Emergency Management Association, 8/15/2001] But because of the terrorist attacks on September 11, it ends a day early (see After 8:46 a.m. September 11, 2001). [119th Fighter Wing, 10/25/2001] Special arrangements are then made for some of the emergency managers in attendance to be flown home on military aircraft, while others have to drive long distances back to their states (see (After 11:00 a.m.) September 11, 2001, (After 11:00 a.m.) September 11, 2001, and (After 4:30 p.m.) September 11, 2001). [Stateline (.org), 9/13/2001; State Government News, 10/2001 pdf file]
Timing of Attacks Inconvenient - In May this year, President Bush put FEMA in charge of responding to any terrorist attacks in the United States, charging it with creating an Office of National Preparedness to coordinate the government’s response to such attacks (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] Following the attacks on September 11, FEMA spokesman Mark Wolfson will note the inconvenience of these attacks occurring at the same time as the NEMA conference. He will say that FEMA officials do not know whether the attacks were timed to catch emergency officials off guard, but “it is something that law enforcement investigators might be looking at.” [Stateline (.org), 9/13/2001] NEMA is the professional association of state emergency management directors. [Natural Hazards Observer, 3/2001] Its annual conference is being held in Montana this year because its president, Jim Greene, is the administrator of the state’s Disaster and Emergency Services Division. [Billings Gazette, 10/5/2000; National Journal, 1/16/2001; New York Times, 9/12/2001]

Entity Tags: Federal Emergency Management Agency, Mark Wolfson, Joseph M. Allbaugh, National Emergency Management Association

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Senator Dianne Feinstein (D-CA), who, with Senator Jon Kyl (R-AZ), has sent a copy of draft legislation on counterterrorism and national defense to Vice President Cheney’s office on July 20, is told by Cheney’s top aide Lewis “Scooter” Libby on this day “that it might be another six months before he would be able to review the material.” [Dianne Feinstein, 5/17/2002; Newsweek, 5/27/2002]

Entity Tags: Jon Kyl, Richard (“Dick”) Cheney, Dianne Feinstein, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bruce Baughman.Bruce Baughman. [Source: Elise Moore / FEMA]Bruce Baughman, director of the planning and readiness division of the Federal Emergency Management Agency (FEMA), takes charge at FEMA headquarters in Washington, DC, because more senior FEMA officials, including the agency’s director, are away from the capital. FEMA Director Joseph Allbaugh and Lacy Suiter, FEMA’s assistant director of readiness, response, and recovery, are in Big Sky, Montana, attending the annual conference of the National Emergency Management Association (see September 8-11, 2001 and After 8:46 a.m. September 11, 2001). Baughman, who led FEMA’s response to the Oklahoma City bombing in April 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995), therefore has to take charge of FEMA’s response to today’s terrorist attacks. In this capacity, he is responsible for activating FEMA’s emergency operations center, dispatching disaster medical personnel to the scenes of the attacks, and establishing emergency communications for New York. After the Twin Towers come down (see 9:59 a.m. September 11, 2001 and 10:28 a.m. September 11, 2001), he calls up the first FEMA urban search and rescue teams, which specialize in rescuing people from collapsed structures. [Block and Cooper, 2006, pp. 73-75] He will subsequently personally brief President Bush on three days while response operations are underway. [9/11 Commission, 11/17/2003 pdf file]
FEMA Will Help Local Agencies Respond to the Attacks - In May, Bush put FEMA in charge of responding to terrorist attacks in the United States (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] The agency therefore plays a key role in the government’s response to today’s attacks. The emergency response team at its headquarters is activated today, along with all 10 of its regional operations centers. It also activates its federal response plan, which, it states, “brings together 28 federal agencies and the American Red Cross to assist local and state governments in response to national emergencies and disasters.” It deploys eight urban search and rescue teams to New York to search for victims in the debris from the collapsed World Trade Center buildings, and four urban search and rescue teams to the Pentagon to assist the response there. These teams consist mainly of local emergency services personnel, and are trained and equipped to handle structural collapses. [Federal Emergency Management Agency, 9/11/2001; Federal Emergency Management Agency, 9/11/2001; US National Response Team, 2014, pp. 2 pdf file] In the days and weeks following the attacks, it will work with state and city officials to carry out the task of removing the debris from the WTC site. [Block and Cooper, 2006, pp. 75]

Entity Tags: Federal Emergency Management Agency, Joseph M. Allbaugh, Bruce Baughman, Lacy E. Suiter

Timeline Tags: Complete 911 Timeline

At some point after the White House is ordered to evacuate and while Air Force One is preparing to take off in Florida, counterterrorism “tsar” Richard Clarke activates the Continuity of Government (COG) plan. The coordinator for Continuity of Government has joined Clarke in the White House Situation Room. Clarke asks, “How do I activate COG?” Recalling this conversation, he will later comment, “In the exercises we had done, the person playing the president had always given that order.” But the coordinator replies, “You tell me to do it.” Soon after, Clarke instructs him, “Go.” [Clarke, 2004, pp. 8]
First Time COG Plan Activated - The Continuity of Government plan, which dates back to the Reagan administration, had originally prepared to set up a new leadership for the US in the event of a nuclear war. This is apparently the first time it has ever been put into effect. Clarke will recall, “Every federal agency was ordered… to activate an alternative command post, an alternative headquarters outside of Washington, DC, and to staff it as soon as possible.” Cabinet officers are dispatched around the country, and people in Congress are taken to alternative locations.
Clarke Regularly Particiated in COG Exercises - Since the 1980s, Clarke has in fact been a regular participant in secret COG exercises that rehearsed this plan (see (1984-2004)). [Washington Post, 4/7/2004; ABC News, 4/25/2004] Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld also participated (see 1981-1992). [Atlantic Monthly, 3/2004] Kenneth Duberstein, formerly President Reagan’s White House chief of staff, who took part in the exercises as well, will recall: “I said to myself, as we proceeded through the day [of 9/11], ‘It’s working.’ All those days of patriotic duty were coming back and they were working.” According to ABC News, “If executive branch leaders and large numbers of congressmen had been killed in an attack on the United States, the plan could have gone further, officials suggest, perhaps even with non-elected leaders of the United States taking control and declaring martial law.” [ABC News, 4/25/2004] According to a White House timeline of the events of 9/11, it is in fact Cheney that “orders implementation of Continuity of Government and Continuity of Operations procedures,” at 9:55 a.m., although, according to the Washington Post, Cheney only “officially implemented the emergency Continuity of Government orders,” rather than activating the plan. [White House, 2001; Washington Post, 1/27/2002]

Entity Tags: Richard A. Clarke, Continuity of Government, White House, Kenneth Duberstein

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

The South Tower of the World Trade Center collapses.The South Tower of the World Trade Center collapses. [Source: Associated Press]The South Tower of the World Trade Center tilts to the southeast and then collapses. It was hit by Flight 175 at 9:03 a.m., 56 minutes earlier (see 9:03 a.m. September 11, 2001). [Washington Post, 9/12/2001; New York Times, 9/12/2001; MSNBC, 9/22/2001; USA Today, 12/20/2001; Associated Press, 8/21/2002; ABC News, 9/11/2002; National Institute of Standards and Technology, 9/2005, pp. 44] The first sign of the collapse is visible on floor 82. [National Institute of Standards and Technology, 9/2005, pp. 87] The angle of the tilt will be disputed after 9/11 (see September-November 2005), as will the time it takes the towers to fall to the ground (see September 12, 2001-September 2005). [Scientific American, 10/9/2001; Eagar and Musso, 12/2001; PBS Nova, 5/2002; National Institute of Standards and Technology, 8/30/2006]

Entity Tags: World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The North Tower collapses in a matter of seconds.The North Tower collapses in a matter of seconds. [Source: Ray Stubblebine/ Reuters/ Landov] (click image to enlarge)The North Tower of the World Trade Center tilts to the south and then collapses. Its north side was hit by Flight 11 at 8:46, 102 minutes earlier. [CNN, 9/12/2001; New York Times, 9/12/2001; MSNBC, 9/22/2001; Kim and Baum, 2002 pdf file; Associated Press, 8/21/2002; National Institute of Standards and Technology, 9/2005, pp. 33] After the antenna starts to move (see (10:28 a.m. September 11, 2001)), the next sign that the top section of the building is moving downward is on floor 98, at the top of the impact zone. [National Institute of Standards and Technology, 9/2005, pp. 22, 87] The angle of the tilt will be disputed after 9/11 (see September-November 2005), as will the time it takes the towers to fall to the ground (see September 12, 2001-September 2005). [Scientific American, 10/9/2001; Eagar and Musso, 12/2001; PBS Nova, 5/2002; National Institute of Standards and Technology, 8/30/2006] The death toll could have been much worse—an estimated 15,000 people made it out of the WTC to safety after 8:46 a.m. [St. Petersburg Times, 9/8/2002]

Entity Tags: World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Deputy Defense Secretary Paul Wolfowitz leaves the Pentagon and relocates to the alternate military command center outside Washington, DC. Wolfowitz evacuated from his office to an area in front of the Pentagon after the building was hit, but then went back inside and joined Defense Secretary Donald Rumsfeld and others in the National Military Command Center (NMCC). [Vanity Fair, 5/9/2003] With smoke seeping into the center, Wolfowitz advises Rumsfeld to leave the NMCC (see (10:40 a.m.-11:00 a.m.) September 11, 2001). But instead Rumsfeld orders Wolfowitz to leave and fly to Site R, the alternate command center, which is located inside Raven Rock Mountain, about six miles north of Camp David, on the Pennsylvania-Maryland border. [Bulletin of the Atomic Scientists, 11/2001; Vogel, 2007, pp. 441] Wolfowitz will later recall that he “was not happy about” receiving this order. [Vanity Fair, 5/9/2003] Minutes later, a helicopter lands outside the Pentagon, and carries Wolfowitz and several others off to the alternate command center. [Goldberg et al., 2007, pp. 132] Site R was designed as a duplicate of the NMCC, and if the NMCC were ever destroyed in an attack or needs to be evacuated, it would serve as the Pentagon’s primary command center. [Creed and Newman, 2008, pp. 174] It has “more than 700,000 square feet of floor space, sophisticated computer and communications equipment, and room for more than 3,000 people.” [Bulletin of the Atomic Scientists, 11/2001] Others who will relocate to Site R on this day include Army Secretary Thomas White and personnel from the office of the vice chairman of the Joint Chiefs of Staff, though White will return to the Pentagon later on (see (11:00 a.m.) September 11, 2001). [Washington Post, 1/9/2002; MSNBC, 9/11/2002; Goldberg et al., 2007, pp. 135] According to journalist and author James Mann, Rumsfeld’s decision to order Wolfowitz to leave Washington has its roots in a top secret program Rumsfeld was involved in during the 1980s, which serves to ensure the “Continuity of Government” (COG) in the event of an attack on the US (see 1981-1992). [Mann, 2004, pp. 138-139] Counterterrorism “tsar” Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]

Entity Tags: Paul Wolfowitz, Site R, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Joseph Allbaugh.Joseph Allbaugh. [Source: Greg Schaler / FEMA]Joseph Allbaugh, the director of the Federal Emergency Management Agency (FEMA), is flown back to Washington, DC, after leaving a major conference he has been attending in Montana. [State Government News, 10/2001 pdf file; CNN, 10/4/2001; 119th Fighter Wing, 10/25/2001] Allbaugh was one of hundreds of emergency management officials from around the US attending the annual conference of the National Emergency Management Association (NEMA) in Big Sky, Montana, which began on September 8 and was originally scheduled to continue until September 12 (see September 8-11, 2001). He was the keynote speaker at the conference, and in his speech the previous day, September 10, talked about his focus on improving capabilities and preparing for disaster. [National Emergency Management Association, 8/15/2001; New York Times, 9/12/2001; State Government News, 10/2001 pdf file]
Allbaugh Sees Second Attack on TV - Allbaugh will later recall that on this morning, he “turned on CNN” and “actually saw the second plane hit the tower.” He will comment, “I thought it was a movie clip,” but then “reality started sinking in.” When he learned that the plane was the second to have hit the World Trade Center, he knew “immediately it was terrorism.” [CNN, 10/4/2001] Allbaugh went into the meeting he was due to attend and announced: “You all will have to excuse me. I have more pressing matters.” [Associated Press, 9/8/2002] He was then one of the first to leave the NEMA conference. [New York Times, 9/12/2001]
Conflicting Accounts of Flight - Allbaugh is subsequently flown back to Washington, although there are conflicting accounts of his journey. Allbaugh will later recall that after leaving the conference, he moved on to the city of Bozeman, Montana, and then “waited a couple of hours for a plane.” Finally, he will say, a KC-135 military tanker plane flies him back to the capital. [CNN, 10/4/2001] According to another account, Major Rick Gibney, a pilot with the 119th Fighter Wing of the North Dakota Air National Guard, was originally tasked with flying Allbaugh home in his F-16 fighter jet, but, instead, an Air Force C-17 cargo plane is diverted to transport the FEMA director back to Washington. [119th Fighter Wing, 10/25/2001] But the Gainesville Sun will report that Allbaugh initially headed out from the conference with Craig Fugate, the director of Florida’s Division of Emergency Management. Fugate rented a car to drive back to Florida and Allbaugh joined him as a passenger. Allbaugh was then dropped off in Missouri, from where he is flown back to Washington. [Gainesville Sun, 10/22/2005] Other emergency management officials that were at the NEMA conference are also flown home on military aircraft throughout the day (see (After 11:00 a.m.) September 11, 2001 and (After 4:30 p.m.) September 11, 2001). [Stateline (.org), 9/13/2001; State Government News, 10/2001 pdf file; Stateline (.org), 10/11/2001]
Allbaugh Joins President and Others at the White House - Allbaugh will recall that his flight to Washington takes four and a half hours. After arriving back in the capital, he heads directly to the White House, where he spends the evening with the president, vice president, and many others. [CNN, 10/4/2001] It is unclear when exactly Allbaugh arrives in Washington, though he will be at the White House by 7:15 p.m., when he gives a press briefing. [White House, 9/11/2001]
Allbaugh in Charge of Responding to Domestic Terrorist Attacks - In May this year, President Bush put Allbaugh, as FEMA director, in charge of “consequence management” in response to any terrorist attacks in the United States. Allbaugh was charged with creating an Office of National Preparedness to coordinate the government’s response to any such attack (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] FEMA plays an important part in the government’s response to the attacks in New York and Washington on this day. It puts its “federal response plan” into effect, which involves coordinating with 28 other federal agencies and the American Red Cross; it dispatches eight urban search and rescue teams to New York to search for victims in the rubble of the WTC; and it has four urban search and rescue teams sifting through the remains of the crash at the Pentagon. [Government Executive, 9/11/2001; White House, 9/11/2001]

Entity Tags: Craig Fugate, Joseph M. Allbaugh, National Emergency Management Association, Rick Gibney, Federal Emergency Management Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mount Weather.Mount Weather. [Source: Department of Homeland Security]Congressional leaders are evacuated from Washington and flown to Mount Weather, a secret and secure bunker in Virginia, where they remain until late in the afternoon. [Los Angeles Times, 9/12/2001; Washington Post, 1/27/2002; ABC News, 9/15/2002] The Capitol building was evacuated shortly after the Pentagon was hit (see 9:48 a.m. September 11, 2001). Most of the leadership teams of both parties subsequently assemble at the Capitol Police building. [Daschle and D'Orso, 2003, pp. 112] Around late morning or early afternoon, orders are given to take them to a secure location outside Washington. The Congressional leaders return to outside the Capitol building, and from there are flown by military helicopter to Mount Weather. [Washington Post, 1/27/2002] Each is allowed to bring one staff member with them. [Daschle and D'Orso, 2003, pp. 114] The Mount Weather Emergency Operations Facility in Bluemont, Virginia, is located 48 miles—about 20 minutes journey by air—from Washington. [Bulletin of the Atomic Scientists, 11/2001; ABC News, 9/15/2002] It was originally built to serve as the new seat of government if there was a nuclear war. [ABC News, 9/11/2001] The underground complex contains about 600,000 square feet of floor space, and can accommodate several thousand people. [Bulletin of the Atomic Scientists, 11/2001] It has extensive communication systems linking it to the nationwide network of Federal Emergency Management Agency (FEMA) bunkers, relocation sites, and the White House Situation Room. [Center for Land Use Interpretation Newsletter, 3/2002] Members of Congress taken to the facility include House Majority Leader Dick Armey (R-TX), House Majority Whip Tom DeLay (R-TX), House Minority Leader Dick Gephardt (D-MO), House Minority Whip David Bonior (D-MI), Senate Majority Leader Tom Daschle (D-SD), Senate Minority Leader Trent Lott (R-MS), Assistant Senate Majority Leader Harry Reid (D-NV), and Senate Minority Whip Don Nickles (R-OK). [Hastert, 2004, pp. 10] Speaker of the House Dennis Hastert (R-IL) was taken there earlier on (see (9:50 a.m.) September 11, 2001). [Bamford, 2004, pp. 80-81] The Congressional leaders will remain at Mount Weather until later in the afternoon, and then return to the Capitol around 6:00 p.m. (see (Between 5:00 p.m. and 6:00 p.m.) September 11, 2001). [ABC News, 9/15/2002; Daschle and D'Orso, 2003, pp. 116; Hastert, 2004, pp. 10] The decision to send them outside Washington on this day has its roots in a top secret program dating back to the cold war, which serves to ensure the “Continuity of Government” (COG) in the event of an attack on the US (see 1981-1992). [United Press International, 9/11/2001; CNN, 9/11/2002; Mann, 2004, pp. 138-139] Counterterrorism “tsar” Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]

Entity Tags: Richard Gephardt, Harry Reid, David Bonior, Mount Weather, Tom DeLay, Dick Armey, Tom Daschle, Don Nickles, Trent Lott

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

John Bridgeland.John Bridgeland. [Source: White House]John Bridgeland, the director of the White House Domestic Policy Council, and two other government officials head to the Federal Emergency Management Agency (FEMA) headquarters in Washington, DC, where they discuss the government’s domestic response to the day’s terrorist attacks with FEMA officials. In the Presidential Emergency Operations Center (PEOC) below the White House, Bridgeland has been talking about the federal government’s domestic response to the attacks with Josh Bolten, the deputy White House chief of staff, and the two men have identified several questions that need to be answered. They want to know, in particular, how FEMA is responding. Bolten instructs Bridgeland to go to the White House Situation Room, grab Gary Edson, the deputy national security adviser, and then go with him to visit FEMA. Bridgeland and Edson are joined by Lisa Gordon-Hagerty, the director for combating terrorism on the National Security Council, and the three of them then head to FEMA headquarters.
FEMA Is a 'Blur of Activity' - Joseph Allbaugh, the director of FEMA, is currently away from Washington, having been at a conference in Big Sky, Montana (see September 8-11, 2001). But when they arrive at the headquarters, Bridgeland, Edson, and Gordon-Hagerty find the FEMA response to the attacks is already under way and Allbaugh’s staff is “a blur of activity.” Their dozens of questions are answered in detail by FEMA officials, led by Liz DiGregorio, the agency’s chief of staff.
FEMA Officials Describe Their Response to the Attacks - The FEMA officials, according to Bridgeland, say: “They had activated emergency operations to the highest level and had dispatched urban search and rescue teams, disaster medical teams, and disaster mortuary teams to New York and the Pentagon. They had deployed mobile emergency communications systems and were creating staging areas on the ground to manage the emergency response. They were also thinking ahead to what they should do to meet recovery needs—such as providing grants to first responders, public assistance grants, temporary housing, crisis counseling, help with funeral expenses, disaster unemployment assistance, and more.” The FEMA officials talk about using the US Army Corps of Engineers to help New York City remove debris, and they are considering ways of increasing the capacity of hospitals in New York. When the three White House officials leave FEMA headquarters, Bridgeland takes with him the “Emergency Declaration for the Release of Federal Aid to New York and Washington” for President Bush to sign. When they arrive back at the White House, Bridgeland gives this document to the staff secretary, who controls “all of the paper flow into the president.” [Bridgeland, 2012, pp. 6-8]

Entity Tags: Gary Edson, Federal Emergency Management Agency, Joshua Bolten, Elizabeth DiGregorio, Lisa Gordon-Hagerty, John Bridgeland

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Gallatin Field Airport in Bozeman, Montana.Gallatin Field Airport in Bozeman, Montana. [Source: Gallatin Field Airport]Several dozen emergency management officials and federal staff from Eastern US states, including Virginia and Washington, DC, are flown back to their home states from Montana. They are among hundreds of emergency management personnel who have been attending the annual conference of the National Emergency Management Association (NEMA) in Big Sky, Montana, which began on September 8 (see September 8-11, 2001). [Natural Hazards Observer, 3/2001; State Government News, 10/2001 pdf file] The emergency managers learned of the attacks in New York while waiting to participate in a series of conference sessions on domestic preparedness (see After 8:46 a.m. September 11, 2001). [State Government News, 10/2001 pdf file; Stateline (.org), 9/10/2002] The conference’s organizers then began arranging for military aircraft to fly state emergency management leaders back to their capitals. [New York Times, 9/12/2001]
Seven Hours before Plane Cleared to Fly Managers Home - An Air Force C-17 cargo plane now flies more than 40 emergency managers and federal staff from the airport in Bozeman, Montana, back to their home states. They have had to wait at the airport for more than seven hours while others at the conference site arranged clearance from the FAA for the aircraft to take them home. [State Government News, 10/2001 pdf file] Military aircraft reportedly fly about 23 emergency management directors back to their home states on this day. [Stateline (.org), 10/11/2001] Ed Jacoby, the director of the New York State Emergency Management Office, was flown back to New York State earlier on (see (After 11:00 a.m.) September 11, 2001). [119th Fighter Wing, 10/25/2001; Stateline (.org), 9/10/2002] Many of those attending the NEMA conference who are unable to get on emergency military flights to take them home have to instead drive hundreds, or in some cases thousands, of miles to get back to their states. [State Government News, 10/2001 pdf file]

Entity Tags: National Emergency Management Association

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the months following 9/11, Vice President Dick Cheney spends large portions of his time in what are referred to as “secure and undisclosed” locations. [CNN, 3/1/2002] He is accompanied to these locations by those considered his “essential staff.” This includes his chief of staff, I. Lewis “Scooter” Libby, and Libby’s assistant, Jennifer Mayfield; Cheney’s personal secretary, Debbie Heiden; his personal aide, Brian McCormack; one of his military aides; and either his counsel, David Addington, or his staff secretary, Neil Patel.
Staff Ordered to Maintain Secrecy - Cheney’s personnel are ordered not to mention the vice president’s name or title on the phone; his schedule is to go out only over secure fax or classified e-mail; and all members of his staff must always keep a packed bag ready at the office. According to journalist and author Stephen Hayes, the “secure undisclosed location” the vice president goes to is usually Camp David, the presidential retreat in Maryland, although there are other locations. [Hayes, 2007, pp. 349]
Maintaining the 'Continuity of Government' - Cheney explains to PBS the reasoning behind his going to these locations: “[W]ith the possibility that the White House or the Capitol or other facilities here [in Washington] could be targeted in a terrorist attack… it’s not a good practice for the president and I to spend a lot of time together.… [I]t’s important from the standpoint of our responsibility to maintain the continuity of government to always see to it that nobody—no adversary or enemy would have the capacity of, in effect, decapitating the federal government by taking out the president and the vice president and other senior management, senior leadership.” [PBS, 10/12/2001] Yet, despite the supposed danger, he still goes ahead with a pre-planned pheasant-hunting trip in early November (see (November 4-5, 2001)). Cheney’s time at the “secure and undisclosed” locations is part of “shadow government” procedures that are implemented following the 9/11 attacks (see (2:00 p.m.) September 11, 2001). [CNN, 3/1/2002] In interviews, he never mentions that he had similarly gone away to undisclosed locations on a regular basis throughout the 1980s, during a series of Continuity of Government exercises (see 1981-1992). [Mann, 2004, pp. 138-139 and 296; Atlantic Monthly, 3/2004]

Entity Tags: Neil Patel, Richard (“Dick”) Cheney, Jennifer Mayfield, Debbie Heiden, Lewis (“Scooter”) Libby, Brian McCormack, David S. Addington

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Mitch Daniels, director of the Office of Management and Budget, writes in a memo to President Bush, complaining about Assistant Secretary of the Army Mike Parker’s testimony opposing the administration’s proposed budget cuts (see February 27, 2002). Daniels complains that Parker’s testimony “reads badly… on the printed page,” and that “Parker. . . is distancing [himself] actively from the administration.” [Government Executive, 9/1/2005]

Entity Tags: George W. Bush, Mitch Daniels

Timeline Tags: Hurricane Katrina

Scientists, environmental groups, and the US Army Corps of Engineers work together on a comprehensive technical plan to rebuild Louisiana’s disappearing coastal wetlands. The plan aims to “provide a sustainable coastal ecosystem with the essential functions, assets, and values of the natural ecosystem.”The Louisiana Coastal Area (LCA) Comprehensive Ecosystem Restoration Study, as it is called, incorporates the restoration concepts outlined in the 1998 Coast 2050 plan (see December 1998). The LCA study, unlike the Coast 2050 plan, provides the scientific and technical analyses and engineering details that Congress will use to decide if the project meets congressional requirements necessary to secure WRDA authorization. WRDA, or the Water Resources Development Act, provides federal authorization for water resources projects. The team hopes to submit a Chief’s Report by June 2004 so that the plan can be included as a funded action item in the WRDA legislation currently pending in Congress. [Louisiana Coastal Area Study, 1/2003 pdf file; Associated Press, 1/29/2004; Associated Press, 2/3/2004; Louisiana Coastal Area Study, 4/2004 pdf file; Louisiana Coastal Area Study, 7/2004 pdf file; National Geographic, 10/2004]

Entity Tags: US Army Corps of Engineers, Louisiana Coastal Area (LCA) Ecosystem Restoration Study

Timeline Tags: Hurricane Katrina

Richard Ben-Veniste.Richard Ben-Veniste. [Source: C-SPAN]The 10 members of the new 9/11 Commission are appointed by this date, and are: Republicans Thomas Kean (chairman), Slade Gorton, James Thompson, Fred Fielding, and John Lehman, and Democrats Lee Hamilton (vice chairman), Max Cleland, Tim Roemer, Richard Ben-Veniste, and Jamie Gorelick. [Chicago Tribune, 12/12/2002; Associated Press, 12/16/2002; New York Times, 12/17/2002] Senators Richard Shelby (R-AL) and John McCain (R-AZ) had a say in the choice of one of the Republican positions. They and many 9/11 victims’ relatives wanted former Senator Warren Rudman (R-NH), who co-wrote an acclaimed report about terrorism before 9/11 (see January 31, 2001). But, possibly under pressure from the White House, Senate Republican leader Trent Lott (R-MS) blocked Rudman’s appointment and chose John Lehman instead. [St. Petersburg Times, 12/12/2002; Associated Press, 12/13/2002; Reuters, 12/16/2002; Shenon, 2008, pp. 55-56] It will slowly emerge over the next several months that at least six of the 10 commissioners have ties to the airline industry. [CBS News, 3/5/2003] Henry Kissinger (see December 13, 2002) and his replacement Thomas Kean (see December 16, 2002) both caused controversy when they were named. In addition, the other nine members of the Commission are later shown to all have potential conflicts of interest. Republican commissioners:
bullet Fred Fielding also works for a law firm lobbying for Spirit Airlines and United Airlines. [Associated Press, 2/14/2003; CBS News, 3/5/2003]
bullet Slade Gorton has close ties to Boeing, which built all the planes destroyed on 9/11, and his law firm represents several major airlines, including Delta Air Lines. [Associated Press, 12/12/2002; CBS News, 3/5/2003]
bullet John Lehman, former secretary of the Navy, has large investments in Ball Corp., which has many US military contracts. [Associated Press, 3/27/2003]
bullet James Thompson, former Illinois governor, is the head of a law firm that lobbies for American Airlines and has previously represented United Airlines. [Associated Press, 1/31/2003; CBS News, 3/5/2003] Democratic commissioners:
bullet Richard Ben-Veniste represents Boeing and United Airlines. [CBS News, 3/5/2003] He also has other curious connections, according to a 2001 book on CIA ties to drug running written by Daniel Hopsicker, which has an entire chapter called “Who is Richard Ben-Veniste?” Lawyer Ben-Veniste, Hopsicker says, “has made a career of defending political crooks, specializing in cases that involve drugs and politics.” He has been referred to in print as a “Mob lawyer,” and was a long-time lawyer for Barry Seal, one of the most famous drug dealers in US history who is also alleged to have had CIA connections. [Hopsicker, 2001, pp. 325-30]
bullet Max Cleland, former US senator, has received $300,000 from the airline industry. [CBS News, 3/5/2003]
bullet James Gorelick is a director of United Technologies, one of the Pentagon’s biggest defense contractors and a supplier of engines to airline manufacturers. [Associated Press, 3/27/2003]
bullet Lee Hamilton sits on many advisory boards, including those to the CIA, the president’s Homeland Security Advisory Council, and the US Army. [Associated Press, 3/27/2003]
bullet Tim Roemer represents Boeing and Lockheed Martin. [CBS News, 3/5/2003]

Entity Tags: American Airlines, Fred F. Fielding, Jamie Gorelick, 9/11 Commission, James Thompson, John McCain, John Lehman, Trent Lott, Richard Shelby, Lee Hamilton, Richard Ben-Veniste, United Airlines, Warren Rudman, Slade Gorton, Tim Roemer, Max Cleland

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Bush administration’s Office of Management and Budget (OMB) tells the EPA to use the discounted value of 63 percent for health impacts on senior citizens in calculating cost-benefit analyses when conducting assessments for new air pollution restrictions on polluting industries. [Knight Ridder, 12/19/2002]

Entity Tags: Bush administration (43), Environmental Protection Agency, Office of Management and Budget

Timeline Tags: US Environmental Record

The Bush administration’s Office of Management and Budget sends a report to Congress announcing that it will conduct a review of more than 300 regulations—including ones pertaining to the environment and public health—which it has slated for overhaul, reform, or elimination. The review will draw on more than 1700 recommendations from private industry and think tanks. Many of the recommendations would weaken food safety standards, energy conservation standards, and natural resources. Sixty-five of the regulations targeted for overhaul are under the jurisdiction of the EPA. [US Congress, 10/24/2002 pdf file; Natural Resources Defense Council, 12/19/2002; Senate Committee on Governmental Affairs, 12/20/2002]

Entity Tags: Environmental Protection Agency, Bush administration (43), US Congress, Office of Management and Budget

Timeline Tags: US Environmental Record

The Department of Homeland Security (DHS) raises the national threat level to orange, or “high.” DHS director Tom Ridge tells Americans, not for the first time (see February 7-13, 2003), to stock up on duct tape and plastic sheeting as protection against biological and/or radiological attacks. [Unger, 2007, pp. 293] The duct tape and plastic sheeting recommendations have become something of a national joke by this point, with Saturday Night Live comedians riffing on the topic and a Tom Ridge impersonator performing while wrapped in plastic sheeting for Ridge and President Bush at a recent Gridiron dinner. Late-night talk show host Jay Leno recently said after having Ridge on his show: “When problems seem overwhelming, simplistic solutions always seem funny. Duct tape and plastic sheeting? When the threat level goes down, it’ll be downgraded to Scotch tape and two Ziploc bags.” On a more serious note, David Ropeik of the Harvard Center for Risk Analysis says: “Ridge and the department need to come up with a better way of saying, ‘Be afraid.’ They say, ‘Be alert,’ and then out of the other side of their mouth they say, ‘Go about your normal lives.’ To most of us, those messages don’t mesh. They also need to be more specific. When the threat level goes from yellow to orange, tell us what we can do besides being more alert.” Gary Hart, the former Democratic senator who helped compile the report that eventually led to the creation of the department (see January 31, 2001), says: “The idea of using duct tape to protect yourself would resonate only if people could see the government taking action to protect you. But because the government has done so little against terrorism at home, it sounded as if they were saying, ‘You’re on your own.’” Ridge may have gotten the last laugh on Leno’s show, when Leno asked sardonically: “I’m sitting at home in my underpants watching the game and, boop, we’re in yellow. What do I do now?” Ridge replied, “Change shorts.” [New York Times, 3/17/2003]

Entity Tags: US Department of Homeland Security, David Ropeik, Gary Hart, Tom Ridge, George W. Bush, Jay Leno

Timeline Tags: Complete 911 Timeline

The US Corps of Engineers submits a draft report package and a Programmatic Environmental Impact Statement (PEIS) on the proposed Louisiana Coastal Area (LCA) wetlands restoration study (see March 2002-October 2003) to the White House’s Office of Management and Budget (OMB) and the Council on Environmental Quality (CEQ). The Corps is hoping that the report will be released this month, so it can be used to request congressional authorization in fall 2004 for the plan’s basic framework. But its release is held up by questions from the OMB and CEQ. In February 2004 (see February 2, 2004), the Bush administration will provide formal comments about the plan to the Corps in its 2005 proposed budget, directing the Corps to develop a less costly plan that focuses on narrower, shorter term objectives. [Associated Press, 1/29/2004; Associated Press, 2/3/2004; Louisiana Coastal Area Study, 4/2004 pdf file; Louisiana Coastal Area Study, 7/2004 pdf file]

Entity Tags: Council on Environmental Quality, Office of Management and Budget, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

During President Bush’s visit to Louisiana, Governor Kathleen Blanco asks the president in a private conversation to include $50 million in his budget to begin construction work on the Louisiana Coastal Area (LCA) wetlands restoration project. She follows up with a formal letter outlining her request. [Associated Press, 2/3/2004]

Entity Tags: George W. Bush, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, Kathleen Babineaux Blanco

Timeline Tags: Hurricane Katrina

The Bush administration’s proposed fiscal year 2005 budget sets aside $325 million for civil works projects in the US Army Corps of Engineers’ New Orleans district—slightly less than the $337 million approved by Congress the year before. According to Marcia Demma, chief of the Corps’ programs management branch, the Corps will need $425 million for 2005. “We have a backlog of contracts, and it’s just been for the past few years that… we haven’t been funded at our full capability,” Marcia Demma, chief of the Corps’ programs management branch, tells New Orleans CItyBusiness. Of the $325 million proposed in the Bush budget, the Southeast Louisiana Urban Flood Control Project (SELA) would receive $30 million, far short of the $42 million the Corps says it needs, and $4 million less than fiscal year 2004’s actual budget. According to Stan Green, SELA project manager, the $30 million would probably allow the Corps to continue its current work on 12 projects in Jefferson and Orleans parishes. But if it were fully funded, he says, it could award contracts for an additional 14 projects. [New Orleans CityBusiness, 2/16/2004] (Congress ultimately approves $36.5 million for SELA. [Los Angeles Times, 9/4/2005] ) The administration’s proposed budget includes only $3.9 million for the New Orleans’ East Bank Hurricane Levee Project, a mere fraction of the $27.1 million requested by the Corps. According to Al Naomi, who manages this project, the budgeted allotment would not even cover the $4.5 million required for unpaid fiscal year 2004 work. (The sum ultimately approved by Congress for the east bank project is $5.7 million.) [New Orleans CityBusiness, 2/16/2004; Times-Picayune, 6/8/2004; Knight Ridder, 9/1/2005; Knight Ridder, 9/1/2005; Washington Post, 9/8/2005, pp. A01] Additionally, the president’s budget rejects a draft plan, submitted in October 2003 (see October 2003) by the Army Corp of Engineers, to begin a $14 billion dollar project to restore Louisiana’s coastal wetlands. Instead, the president directs the Corps to refocus its ongoing restoration study to produce a single, prioritized list of projects that can be completed in 10 years. Additionally, the corps is directed to include in its study several other larger restoration projects that are not part of the Louisiana Coastal Area study, and determine whether the mouth of the Mississippi can be altered to let sediment create new areas of wetlands to its east and west quickly, while still allowing shipping to reach port facilities in New Orleans and elsewhere along the river. Eight million dollars is allocated to the effort, only a fraction of the $50 million that was requested by Louisiana’s Governor (see January 2004). In the budget’s narrative, the White House acknowledges for the first time that Louisiana’s disappearing wetlands are partly the result of the US Army Corps of Engineers’ channeling of the Mississippi River for shipping and the construction of flood-control levees along the river to protect New Orleans. It also says that canals built by the oil and gas industry, natural subsidence, and rising sea levels are contributing factors to Louisiana’s net loss of coastal wetlands. [Associated Press, 2/3/2004; Times-Picayune, 2/3/2004; Louisiana Coastal Area Study, 4/2004 pdf file]

Entity Tags: Stan Green, Marcia Demma, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, Bush administration (43), Al Naomi, US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

Yaser Esam Hamdi.Yaser Esam Hamdi. [Source: Associated Press]In the case of Yaser Esam Hamdi v. Donald Rumsfeld, the Supreme Court rules 8-1 that, contrary to the government’s position, Hamdi (see December 2001), as a US citizen held inside the US, cannot be held indefinitely and incommunicado without an opportunity to challenge his detention. It rules he has the right to be given the opportunity to challenge the basis for his detention before an impartial court. Justice Sandra Day O’Connor writes for the majority: “It would turn our system of checks and balances on its head to suggest that a citizen could not make his way to court with a challenge to the factual basis for his detention by his government, simply because the Executive opposes making available such a challenge. Absent suspension of the writ by Congress, a citizen detained as an enemy combatant is entitled to this process.” Hamdi, on the other hand, apart from military interrogations and “screening processes,” has received no process. Due process, according to a majority of the Court, “demands some system for a citizen detainee to refute his classification [as enemy combatant].” A “citizen-detainee… must receive notice of the factual basis for his classification, and a fair opportunity to rebut the government’s factual assertions before a neutral decision-maker.” However, O’Connor writes, “an interrogation by one’s captor… hardly constitutes a constitutionally adequate factfinding before a neutral decisionmaker.”
Conservative Dissent: President Has Inherent Power to Detain Citizens during War - Only Justice Clarence Thomas affirms the government’s opinion, writing, “This detention falls squarely within the federal government’s war powers, and we lack the expertise and capacity to second-guess that decision.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Thomas adds: “The Founders intended that the president have primary responsibility—along with the necessary power—to protect the national security and to conduct the nation’s foreign relations. They did so principally because the structural advantages of a unitary executive are essential in these domains.” [Dean, 2007, pp. 105]
'A State of War Is Not a Blank Check for the President' - The authority to hold Hamdi and other such US citizens captured on enemy battlefields derives from Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001). Justice Antonin Scalia dissents from this portion of the majority ruling, saying that because Congress had not suspended habeas corpus, Hamdi should either be charged with a crime or released. The Court also finds that if Hamdi was indeed a missionary and not a terrorist, as both he and his father claim, then he must be freed. While the Court does not grant Hamdi the right to a full criminal trial, it grants him the right to a hearing before a “neutral decision-maker” to challenge his detention. O’Connor writes: “It is during our most challenging and uncertain moments that our nation’s commitment to due process is most severely tested; and it is in these times that we must preserve our commitment at home to the principles for which we fight abroad.… We have long made clear that a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.”
Affirms President's Right to Hold US Citizens Indefinitely - Although the media presents the ruling as an unmitigated defeat for the Bush administration, it is actually far more mixed. The White House is fairly pleased with the decision, insamuch as Hamdi still has no access to civilian courts; the administration decides that Hamdi’s “neutral decision-maker” will be a panel of military officers. Hamdi will not have a lawyer, nor will he have the right to see the evidence against him if it is classified. This is enough to satisfy the Court’s ruling, the White House decides. In 2007, author and reporter Charlie Savage will write: “[T]he administration’s legal team noted with quiet satisfaction that, so long as some kind of minimal hearing was involved, the Supreme Court had just signed off on giving presidents the wartime power to hold a US citizen without charges or a trial—forever.” The Justice Department says of the ruling that it is “pleased that the [Court] today upheld the authority of the president as commander in chief of the armed forces to detain enemy combatants, including US citizens.… This power, which was contested by lawyers representing individuals captured in the War on Terror, is one of the most essential authorities the US Constitution grants the president to defend America from our enemies.” [Savage, 2007, pp. 193-194]

Entity Tags: Sandra Day O’Connor, Antonin Scalia, Donald Rumsfeld, Yaser Esam Hamdi, Clarence Thomas, Charlie Savage

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

The NOAA issues the second edition of its “Procedures Manual for Congressional Communications.” According to the 18-page policy document, while the agency’s Office of Legislative Affairs is responsible for coordinating congressional communications, it is the Department of Commerce and the White House Office of Management and Budget (OMB ) that have final vetting authority. The OMB’s stated mission is to ensure “that agency reports, rules, testimony, and proposed legislation are consistent with the president’s budget and with administration policies.” [Maassarani, 3/27/2007, pp. 41 pdf file]

Entity Tags: National Oceanic and Atmospheric Administration

Timeline Tags: Global Warming

In accordance with the Bush administration’s request (see February 2, 2004) to narrow the focus of the Louisiana Coastal Restoration Plan, the US Army Corps of Engineers submits a $2.0 billion restoration plan for Louisiana’s coastal wetlands to the EPA. The plan, downsized from the orginal $14 billion plan and referred to at this point as the Tentatively Selected Plan (TSP), calls for the accelerated implementation of up to five restoration projects that could begin as early as 2006. The projects would cost a total of $786 million. Other projects, such as a 10-year science and technology program, a demonstration program, a beneficial use of dredged material program, and a modification of existing structures program, would also be accelerated and cost about $385 million. The plan also calls for a large scale studies program costing $60 million, and identifies another 10 projects that would be subject to case-by-case authorization by Congress. [Louisiana Coastal Area Study, 7/2004 pdf file; Environmental News Service, 7/7/2004; National Wetlands Research Center, 12/15/2004]

Entity Tags: Environmental Protection Agency, US Army Corps of Engineers, Louisiana Coastal Area (LCA) Ecosystem Restoration Study

Timeline Tags: Hurricane Katrina

In the southwest Louisiana parish of Cameron, the US Army Corps of Engineers presents its recently downsized Louisiana Coastal Area (LCA) Restoration Plan (see July 2, 2004) to about 25 local residents, scientists, and environmental activists. People attending the meeting are angered that not one of the 15 major projects included in the revised plan are in southwest Louisiana. Apparently, several proposed projects that were included in the first draft of the LCA plan (see October 2003), including a plan to build major navigational locks at the mouths of the Sabine and Calcasieu rivers to prevent saltwater from seeping into freshwater marshland, are absent in the current plan. In this part of the state, saltwater intrusion has eaten away at the delicate marsh grass, both a key hurricane buffer and marine life breeding ground. [Associated Press, 7/29/2004]

Entity Tags: Louisiana Coastal Area (LCA) Ecosystem Restoration Study, US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

Public administration specialist Philip Cooper determines that during his first term, George W. Bush issued over 500 objections to Congressional legislation that he signed into law. Almost all of his objections were codified in presidential “signing statements,” which have no legal weight per se but have been used by Bush and previous presidents to cite objections or exceptions to legislative provisions. Although the administration’s point man on signing statements is David Addington, Vice President Cheney’s legal adviser and chief of staff, most of the legal objections for the statements are sourced from the Justice Department and the Office of Management and Budget. 82 of Bush’s signing statements are based on the “unitary executive” theory of presidential power (see January 9-13, 2006), 77 relate to the administration’s perception of the president’s exclusive power over foreign policy, 48 to his power to withhold information required by Congress to protect national security, and 37 to his powers as commander in chief. [Dean, 2007, pp. 112-116; Joyce Green, 2007]

Entity Tags: Philip Cooper, David S. Addington, Office of Management and Budget, Richard (“Dick”) Cheney, George W. Bush, US Department of Justice

Timeline Tags: Civil Liberties

The House of Representatives proposes the steepest reduction in hurricane and flood-control funding for New Orleans in history—$71.2 million, or 21 percent. The Bush administration had earlier proposed a $52.8 million reduction for the New Orleans district’s fiscal year 2006 budget. The cut would be the largest single-year spending cut ever incurred by the district. As a result of the expected cut, the local Corps office postpones a study seeking to determine ways to protect the region from a Category 5 hurricane. Additionally, it imposes a hiring freeze and is unable to start any new jobs or award any new contracts. “I’ve been here over 30 years and I’ve never seen this level of reduction,” said Al Naomi, project manager for the New Orleans district. “I think part of the problem is it’s not so much the reduction, it’s the drastic reduction in one fiscal year. It’s the immediacy of the reduction that I think is the hardest thing to adapt to.” One of the hardest hit projects is the Southeast Louisiana Urban Flood Control Project (SELA). Its budget is being slashed to $10.4 million, down from $36.5 million. The amount is a sixth of what local officials say they need. Funding for levee repairs and other work on Lake Pontchartrain is scheduled to be cut from $5.7 million (see February 2, 2004) this year to $2.9 million in 2006. “We’ll do some design work. We’ll design the contracts and get them ready to go if we get the money. But we don’t have the money to put the work in the field, and that’s the problem,” Naomi says. [New Orleans CityBusiness, 6/6/2005; Editor & Publisher, 8/31/2005; Chicago Tribune, 9/1/2005]

Entity Tags: Al Naomi, Southeast Louisiana Urban Flood Control Project, Bush administration (43)

Timeline Tags: Hurricane Katrina

President Bush, stung by the opposition from both left and right that derailed his nomination of Harriet Miers for the Supreme Court (see October 3-27, 2005), nominates appeals court judge Samuel Alito to the Court to replace the retiring Sandra Day O’Connor. [Dean, 2007, pp. 155-157]
Staunch Advocate of Expanding Presidential Power - Alito has impeccable credentials, especially in contrast to the widely derided Miers. He is a graduate of Yale Law School, a long-time member of the conservative Federalist Society, and has years of decisions behind him as an appellate court judge. He is a product of the Reagan-era Justice Department. Bush calls him “one of the most accomplished and respected judges in America.” He is a powerful anti-abortion advocate, and a staunch supporter of granting ever more power to the executive branch, especially at the expense of the legislative and judicial branches. During his time in the Reagan Justice Department, he worked on a project to “increase the power of the executive to shape the law.” In 2000 he called the “unitary executive theory” (see April 30, 1986) the “gospel according to the OLC,” the Justice Department’s Office of Legal Counsel, where he worked for four years, and said he was firmly committed to advancing that theory. [Savage, 2007, pp. 267-271]
Bland Facade at Hearings - Alito receives a unanimous “well qualified” assessment from the American Bar Association, and the Bush administration expects that his nomination will sail through the Senate confirmation hearings as quickly and painlessly as did Bush’s previous choice for the Court, John Roberts (see September 29, 2005). The hearings are more contentious than Bush would like, and former Nixon White House counsel John Dean will say in 2007 that Alito’s performance before the Judiciary Committee “only served to confirm that the entire process has become little more than a great charade.” Senator Edward Kennedy (D-MA), one of the longest-serving members of the committee, observes that the Bush administration believes—correctly—that it can nominate radical right-wing extremists to the Court virtually at will, “as long as their views were not well known,” and adds, “[T]he current White House [has] turned the effort to hide nominees’ views into an art form.” Like Roberts, Alito presents a bland, non-confrontational facade to the committee (see January 9-13, 2006), refusing to take a personal stance on any issue and giving the impression that, as Kennedy will say after Alito and Roberts begin their service on the Court, he would be “as neutral as a baseball umpire.… The men who promised to be neutral umpires look more and more like loyal members of the president’s team.” [Dean, 2007, pp. 155-157]
Party-Line Confirmation - After an attempt by Senators Kennedy and John Kerry (D-MA) to filibuster Alito’s confirmation fails, the Senate confirms Alito’s ascension to the Court by a near-party line 58-42 vote, the closest such vote since Clarence Thomas’s (see October 13, 1991). Senator Orrin Hatch (R-UT) condemns what he calls the “very bitter partisanship” over Alito’s nomination, and accuses Democrats of playing politics: “When you have a man who has the decency, the legal ability and the capacities that Judge Alito has treated this way, I think it’s despicable.” Alito, whose hardline conservative beliefs are sufficiently masked during the hearings, replaces the far more moderate O’Connor, who before her retirement made up the “moderate center” of the Court with Justices Anthony Kennedy and David Souter. Now Alito joins Thomas, Roberts, and Antonin Scalia to form a hard-right conservative bloc on the Court which, when joined by center-right conservative Kennedy, forms a nearly unshakable conservative majority. [CNN, 2/1/2006]
Overturning Roe? - Many believe that Alito gives the Court the fifth vote it needs to finally overturn the landmark abortion case Roe v. Wade (see January 22, 1973), a longtime goal of social conservatives that would go far to make abortions illegal in the US. [Slate, 10/31/2005]

Entity Tags: Orrin Hatch, Sandra Day O’Connor, Samuel Alito, John Dean, US Supreme Court, John G. Roberts, Jr, John Kerry, George W. Bush, Clarence Thomas, Anthony Kennedy, David Souter, Edward M. (“Ted”) Kennedy, Harriet E. Miers, Antonin Scalia

Timeline Tags: Civil Liberties

After months of opposition and a recent, clandestine rewriting of the bill (see Before December 30, 2005), President Bush signs the Detainee Treatment Act (DTA) into law, effectively outlawing torture by government and military officials (see December 15, 2005). However, Bush also inserts a signing statement into the record reserving for himself the right to ignore the law under his powers as commander in chief if he judges that torturing a prisoner is in the interest of national security (see December 30, 2005). Signing statements have no legal status, but serve to inform the nation as to how the president interprets a particular law. In this case, Bush writes that he will waive the restrictions on torture if he feels it is necessary to protect national security. “We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment,” says a senior administration official, but under unusual circumstances—a “ticking time bomb” scenario, for example, where a detainee is believed to have information that could prevent an imminent terrorist attack, Bush’s responsibility to protect the nation will supersede the law. Law professor David Golove is critical of the White House’s position, saying: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’ They don’t want to come out and say it directly because it doesn’t sound very nice, but it’s unmistakable to anyone who has been following what’s going on.” Bush has issued numerous signing statements signaling his intent to flaunt the law in the areas of domestic surveillance, detaining terrorist suspects without due legal process, and previous legislation forbidding the torture of prisoners. Many legal and civil rights organizations believe that Bush’s signing statement is part of his push for a “unitary executive,” where the president has virtually unlimited powers in the areas of foreign policy and national security, and neither Congress nor the courts have the right to limit his powers (see April 30, 1986). Former Justice Department official and law professor Marty Lederman says: “The whole point of the McCain Amendment was to close every loophole. The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism.” Human Rights Watch director Elisa Massamino calls the signing statement an “in-your-face affront” to both McCain and to Congress. “The basic civics lesson that there are three co-equal branches of government that provide checks and balances on each other is being fundamentally rejected by this executive branch. Congress is trying to flex its muscle to provide those checks [on detainee abuse], and it’s being told through the signing statement that it’s impotent. It’s quite a radical view.” [Boston Globe, 1/4/2006; Boston Globe, 4/30/2006]

Entity Tags: George W. Bush, Detainee Treatment Act, Martin (“Marty”) Lederman, Bush administration (43), David Golove, Elisa Massamino

Timeline Tags: Torture of US Captives, Civil Liberties

During the Senate hearings to confirm conservative jurist Samuel Alito to the Supreme Court, the questioning turns to Alito’s views on the “unitary executive” theory (January 1, 1992). The theory seems to have originated in the Reagan administration’s Justice Department (see April 30, 1986), where Alito worked in the Office of Legal Counsel.
Lawyer Testifies to Unitary Executive - Former Clinton White House counsel Beth Nolan testifies about the theory and its potential for dramatically revamping the power of the presidency: “‘Unitary executive’ is a small phrase with almost limitless import. At the very least, it embodies the concept of presidential control over all executive functions, including those that have traditionally been executed by ‘independent’ agencies and other actors not subject to the president’s direct control.… The phrase is also used to embrace expansive interpretations of the president’s substantive powers, and strong limits on the legislative and judicial branches.” Nolan cites a November 2000 speech by Alito to the Federalist Society, where Alito said in part, “the president is largely impervious to statutory law in the areas of foreign affairs, national security, and Congress is effectively powerless to act as a constraint against presidential aggrandizement in these areas.” [Dean, 2007, pp. 100-106] During the questioning session, Alito denies ever discussing the idea of inherent presidential powers during that speech.
Evasive Answers in Hearings - Senator Richard Durbin (D-IL) says in his opening statement that he intends to press Alito on his support for what Durbin calls “a marginal theory at best… yet one you’ve said you believe.” Durbin notes that the Bush administration has repeatedly cited the theory to justify its most controversial policies and decisions, particularly in conducting its war on terror. Senator Charles Schumer (D-NY) adds: “The president is not a king, free to take any action he chooses without limitation, by law.… In the area of executive power, Judge Alito, you have embraced and endorsed the theory of the unitary executive. Your deferential and absolutist view of separation of powers raises questions. Under this view, in times of war the president would, for instance, seem to have inherent authority to wiretap American citizens without a warrant, to ignore Congressional acts at will, or to take any other action he saw fit under his inherent powers. We need to know, when a president goes too far, will you be a check on his power or will you issue him a blank check to exercise whatever power alone he thinks appropriate?” [Savage, 2007, pp. 271-272] However, Alito refuses to address the issue in the hearings, giving what one journalist calls “either confused or less than candid” answers to questions concerning the subject.
Failure to Recall - During questioning, Alito turns aside inquiries about his avowed support for the unitary executive theory, saying he was merely talking about the idea that a president should have control over lesser executive branch officials, and was not referring to the usurpation of Congressional power by the executive. Further questions elicit nothing but a dry definition of the term. Asked about Supreme Court Justice Clarence Thomas’s stinging dissent in the 2004 Hamdi v. Rumsfeld case (see June 28, 2004), where Thomas wrote that the authors of the Constitution believed a unitary executive was essential to the implementation of US foreign policies, Alito says he does not recall Thomas’s mention of the phrase. Asked about Bush’s signing statement that attempted to invalidate the Detainee Treatment Act (see December 30, 2005), Alito merely recites the definition of a signing statement, and refuses to actually state his position on the issue (see February 6, 1986 and After). Senator Ted Kennedy (D-MA), disturbed by Alito’s refusal to address the subject, says he will vote against him in part because of Alito’s embrace of “the gospel of the unitary executive.” Kennedy cites one of the authors of the theory, law professor Steven Calabresi, one of the founders of the Federalist Society, who, Kennedy says, “acknowledged that, if the concept is implemented, it would produce a radical change in how the government operates.” [Dean, 2007, pp. 100-106; Savage, 2007, pp. 271-274]
ACLU Opposes Alito - The ACLU, for only the third time in its history, formally opposes Alito’s nomination, in part because of Alito’s embrace of the unitary executive theory of the presidency, citing Alito’s “expansive view of executive authority and a limited view of the judicial role in curbing abuses of that authority.” In its 86-year history, the ACLU has only opposed two other Court nominees: William Rehnquist and former Solicitor General Robert Bork. [American Civil Liberties Union, 1/9/2006]
Opposition Fails - However, none of this is effective. Alito is sworn in less than a month later, after Democrats in the Senate fail to successfully mount a filibuster against his confirmation. [CNN, 2/1/2006]

Entity Tags: Office of Legal Counsel (DOJ), Samuel Alito, Edward M. (“Ted”) Kennedy, Clarence Thomas, Beth Nolan, US Department of Justice, Bush administration (43), US Supreme Court, American Civil Liberties Union

Timeline Tags: Civil Liberties

In his column for the legal website FindLaw, former Nixon White House counsel John Dean writes: “Rather than veto laws passed by Congress, [George W.] Bush is using his signing statements to effectively nullify them as they relate to the executive branch. These statements, for him, function as directives to executive branch departments and agencies as to how they are to implement the relevant law.… Bush has quietly been using these statements to bolster presidential powers. It is a calculated, systematic scheme that has gone largely unnoticed.… It is as if no law had been passed on the matter at all.… Bush is using signing statements like line item vetoes.” Dean writes that Bush’s signing statement for the Detainee Treatment Act (see December 30, 2005) marks the first time that serious media attention has been focused on the statements. He writes, “Despite the McCain Amendment’s clear anti-torture stance, the military may feel free to use torture anyway, based on the President’s attempt to use a signing statement to wholly undercut the bill.” [FindLaw, 1/13/2006]

Entity Tags: John Dean, George W. Bush

Timeline Tags: Civil Liberties

The Bush administration’s budget request for fiscal year 2007 proposes an 80 percent cut to the EPA’s library budget. The White House wants to trim it down from $2.5 million to half a million dollars. To meet this lean budget, the EPA intends to eliminate its electronic catalog, which tracks some 50,000 documents and studies that are available nowhere else, and shut down its headquarters library and several of its regional libraries. The EPA manages a network of 28 libraries from its Washington headquarters and has 10 regional offices nationwide. The libraries are used primarily by EPA scientists, regulators, and attorneys to enforce existing environmental regulations, develop new regulations, track the business histories of regulated industries, and research the safety of chemicals and the potential environmental effects of new technologies. [PEER, 2/10/2006] Though the EPA insists the closures are necessary to trim costs, internal studies have reportedly shown that providing full library access to its researchers saves an estimated 214,000 hours in professional staff time worth some $7.5 million annually. [PEER, 6/29/2006] Patrice McDermott, deputy director of the Office of Government Relations, says the proposed cuts would put “at risk important environmental information and the public’s ability to access the information they need to protect their health and safety.” [Federal Computer Week, 3/13/2006]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

After critics complain that the EPA’s plan to eliminate its electronic catalog would make it impossible for researchers to locate any of the libraries’ holdings within the network, the EPA announces that it will restore the $500,000 that Bush’s proposed 2007 budget wants to cut for this service. But to offset this amount, the agency says it will have to make even deeper cuts elsewhere in its library budget. [PEER, 3/16/2006] In February, the Bush administration’s 2007 budget request proposed cutting the EPA’s library budget 80 percent by closing many of its libraries (see Early February 2006).

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

EPA Midwestern Regional Administrator Thomas Skinner writes in an email to employees that the EPA library at Chicago regional headquarters “will close in the near future” in order “to allow time for an orderly relocation of our library collection.” The memo explains that the Bush administration’s 2007 budget request, which has not been approved by Congress, has proposed reducing funding for the Chicago library by 90 percent (see Early February 2006). [PEER, 3/16/2006] The agency does not publish any notice in the Federal Register about the closure of this library, despite a federal requirement (Office of Budget & Management Circular A-130) that the public be notified whenever “terminating significant information dissemination products.” [PEER, 8/21/2006] The library serves the six-state region of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. [PEER, 3/16/2006]

Entity Tags: Thomas Skinner, Environmental Protection Agency

Timeline Tags: US Environmental Record

Steven Calabresi, one of the architects of the ‘unitary executive’ theory, says Bush’s use of signing statements has gone too far.Steven Calabresi, one of the architects of the ‘unitary executive’ theory, says Bush’s use of signing statements has gone too far. [Source: MeFeedia]Legal scholars and constitutional experts decry President Bush’s claim that he can ignore or disobey laws with impunity. An examination by Boston Globe reporter Charlie Savage finds that to date, Bush has claimed the authority to disobey over 750 laws enacted since he took office (see January 20, 2001 and After, After September 11, 2001, January 27, 2002, November 5, 2002, March 12, 2004 and After, November 6, 2003, December 2004, December 17, 2004, Dec. 23, 2004, January 17, 2005, August 8, 2005, October 18, 2005, December 30, 2005, and January 23, 2006). He claims that as president, he has the power to override any statute passed by Congress when it conflicts with his interpretation of the Constitution. While the Constitution assigns Congress the power to write the laws and the president the duty “to take care that the laws be faithfully executed,” Bush asserts that he has no mandate to “execute” a law he believes is unconstitutional. Administration spokespersons have repeatedly said that Bush “will faithfully execute the law in a manner that is consistent with the Constitution,” but it is Bush who decides what is and is not constitutional. Many legal scholars disagree with Bush’s position, and accuse him of attempting to usurp Congressional power for himself.
Philip Cooper - Law professor Phillip Cooper says over the Bush administration’s tenure, it has relentlessly worked to concentrate ever more governmental power into the White House. “There is no question that this administration has been involved in a very carefully thought-out, systematic process of expanding presidential power at the expense of the other branches of government,” Cooper says. “This is really big, very expansive, and very significant.”
Christopher Kelley - Political science professor Christopher Kelley notes that Bush uses signing statements to abrogate Congressional powers in a manner inconsistent with Constitutional mandates. “He agrees to a compromise with members of Congress, and all of them are there for a public bill-signing ceremony, but then he takes back those compromises—and more often than not, without the Congress or the press or the public knowing what has happened,” Kelley says.
David Golove - Law professor David Golove says Bush has besmirched “the whole idea that there is a rule of law” because no one can be certain of which laws Bush thinks are valid and which he thinks he can ignore. “Where you have a president who is willing to declare vast quantities of the legislation that is passed during his term unconstitutional, it implies that he also thinks a very significant amount of the other laws that were already on the books before he became president are also unconstitutional,” Golove says. To the extent that Bush is interpreting the Constitution in defiance of Supreme Court rulings, Golove notes, he threatens to “overturn the existing structures of constitutional law.” When a president ignores the Court and is not restrained by a Congress that enables his usurpations, Golove says, the Constitution can be made to simply “disappear.” Golove adds, “Bush has essentially said that ‘We’re the executive branch and we’re going to carry this law out as we please, and if Congress wants to impeach us, go ahead and try it.’”
Jack Beerman - Law professor Jack Beermann says: “The president is daring Congress to act against his positions, and they’re not taking action because they don’t want to appear to be too critical of the president, given that their own fortunes are tied to his because they are all Republicans. Oversight gets much reduced in a situation where the president and Congress are controlled by the same party.”
Steven Calabresi - Former Justice Department official Steven Calabresi, who came up with the idea of using signing statements to counter Congressional powers during the Reagan administration (see August 23, 1985 - December 1985), now says, “I think what the administration has done in issuing no vetoes and scores of signing statements (see September 2007) is not the right way to approach this.”
Bruce Fein - Former Reagan Justice Department official Bruce Fein says: “This is an attempt by the president to have the final word on his own constitutional powers, which eliminates the checks and balances that keep the country a democracy. There is no way for an independent judiciary to check his assertions of power, and Congress isn’t doing it, either. So this is moving us toward an unlimited executive power.” [Boston Globe, 4/30/2006; Savage, 2007, pp. 243]

Entity Tags: Bush administration (43), Charlie Savage, Christopher Kelley, Jack Beermann, Bruce Fein, David Golove, George W. Bush, Phillip Cooper, Steven Calabresi

Timeline Tags: Civil Liberties

The Board of Governors of the American Bar Association (ABA) votes unanimously to investigate whether President Bush has exceeded his presidential authority by using signing statements to assert that he can ignore or override laws passed by Congress (see April 30, 2006 and September 2007). ABA president Michael Greco, who served with former Republican govenor William Weld (R-MA), appoints a bipartisan, blue-ribbon panel of legal experts, including former government officials, legal scholars, and retired FBI Director William Sessions, to carry out the inquiry. The ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine will work for two months on a report (see July 23, 2006). [Savage, 2007, pp. 244-245]

Entity Tags: Michael Greco, ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, American Bar Association, George W. Bush, William Weld, William S. Sessions

Timeline Tags: Civil Liberties

Representatives for 10,000 EPA scientists write a letter to Congress protesting the Bush administration’s plan to close the agency’s research libraries. The letter’s authors, representing more than half of the EPA’s total workforce, say that about 50,000 original research documents will become completely unavailable because the agency has no plan to digitize them. Nor does the agency have plans to maintain the inter-library loan process. The letter warns that the closures would make thousands of scientific studies inaccessible, making it more difficult to prepare for emergencies and enforce environmental laws. As an example of the impact that these measures will have, Jeff Ruch, executive director of Public Employees for Environmental Responsibility, notes that “important research on the Chesapeake Bay is locked away in boxes since EPA closed its Ft. Meade library in February, yet EPA still maintains that restoring the Chesapeake is a top priority.” The letter describes the library closures as another “example of the Bush administration’s effort to suppress information on environmental and public health-related topics.” [PEER, 6/29/2006; Saracco et al., 6/29/2006 pdf file]

Entity Tags: US Congress

Timeline Tags: US Environmental Record

An internal EPA document reveals that the agency plans to immediately implement the Bush administration’s proposed budget cuts for the next fiscal year, which begins in October, without waiting for congressional approval. The memo, titled “EPA FY 2007 Library Plan,” describes “deaccessioning procedures” for the “the removal of library materials from the physical collection.” The document says that regional libraries located in Chicago, Dallas, and Kansas City will be closed by September 30 while library hours and services at other regional facilities will be gradually reduced. As many as 80,000 original documents, which are not electronically available, will be boxed up and shipped to a new location until they are eventually digitized. [Environmental Protection Agency, 8/15/2006 pdf file; PEER, 8/21/2006]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The ranking members of the House Government Reform Committee and the Committee on Science, Energy, and Commerce ask the Government Accountability Office to investigate the impact that Bush’s proposed budget cuts (see Early February 2006) and the EPA library closures (see, e.g., August 15, 2006 and October 20, 2006 and After) will have on scientific research, regulatory quality, and enforcement capability. The letter cites the concerns of EPA scientists that the changes will “harm the agency’s ability to carry out its mission and will be especially damaging to EPA’s ability to enforce environmental laws.” It adds that EPA employees fear the library reorganization scheme may result in the “permanent” loss of access to many documents. [PEER, 8/21/2006; Gordon, Waxman, and Dingall, 9/19/2006 pdf file]

Entity Tags: Henry A. Waxman, Bart Gordan, Government Accountability Office, John Dingell, Environmental Protection Agency

Timeline Tags: US Environmental Record

The EPA publishes a notice in the Federal Register that it will be closing its headquarter library on October 1. The library contains 380,000 documents on microfiche, a microforms collection of abstracts and indexes, 5,500 hard copy agency documents, and more than 16,000 books and technical reports produced by other government agencies. The EPA has already quietly closed several regional libraries, whose collections are currently not available to anyone, even the agency’s own scientists (see August 15, 2006). Though agency officials insist that the collections from these libraries will be digitized and made available via the Internet, no funds have yet been allocated for this purpose. [PEER, 8/21/2006; Environmental Protection Agency, 9/20/2006 pdf file] Unlike today’s notice about the closing of the headquarter library, no public notice was given for the closures of the agency’s regional libraries (see August 15, 2006).

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

Citing proposed cuts in its 2007 fiscal year budget, the EPA begins ordering its regional offices to cancel subscriptions to several of the technical journals and environmental publications that are used by its scientists. One internal email reveals that the agency’s Mid-Atlantic Region is being asked “to cut its journal renewals about in half.” According to the organization Public Employees for Environmental Responsibility (PEER), the subscription cancellations mean that “agency scientists and other technical specialists will no longer have ready access to materials that keep them abreast of developments within their fields. Moreover, enforcement staff, investigators, and other professionals will have a harder time tracking new developments affecting their cases and projects.” The cancellations come on top of the closures of several EPA libraries that have already cut employees’ access off from tens of thousands of documents (see, e.g., September 20, 2006 and August 15, 2006). When news of the library closures sparked protest from EPA scientists over the summer (see June 29, 2006), agency officials attempted to assuage their concerns with promises that the EPA would implement a “new library plan to make environmental information more accessible to employees.” But critics say the subscription cancellations contradict this claim and are a clear sign that the agency does not intend to improve its staff’s access to the information. [PEER, 10/9/2006]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

On October 20, the EPA quietly closed its Office of Prevention, Pollution, and Toxic Substances (OPPTS) Library, which housed thousands of one-of-a-kind documents relating to the safety of chemicals (see October 20, 2006). Material from the library had been used by government scientists to review industry applications for new chemicals. Since the closure, the agency has asked other EPA libraries to take possession of the documents. But documents that have not been claimed by other libraries are being tossed into garbage bins. Jeff Ruch, of the organization Public Employees for Environmental Responsibility (PEER), has been an outspoken critic of the EPA library closures. According to him, it appears as if “the appointed management at EPA is determined to actually reduce the sum total of human knowledge. EPA is not an agency renowned for its speed, so its undue haste in dumping library holdings suggests a political agenda rather than anything resembling a rational information management plan.” [PEER, 11/20/2006]

Entity Tags: Jeff Ruch, Environmental Protection Agency

Timeline Tags: US Environmental Record

Four incoming House Democratic committee chairs write a letter to EPA Administrator Stephen Johnson demanding that the agency immediately cease the “destruction or disposition of all [EPA] library holdings… and that all records of library holdings and dispersed materials” be kept safe. On October 1, the EPA closed several regional libraries and has since boxed up or destroyed collections from these libraries as part of a library reorganization plan. The closures were prompted by Bush’s 2007 budget request which slashed funding for the EPA’s network of technical libraries (see Early February 2006). However, neither the budget request nor the reorganization plan has been approved by Congress. [Gordon et al., 11/30/2006 pdf file; Public Employees for Environmental Responsibility (PEER), 12/8/2006] The next day, on December 1, the EPA, apparently ignoring the senators’ request, removes thousands of documents from the website of the Office of Prevention, Pollution, and Toxic Substances (OPPTS) Library [Stoss, 12/4/2006 pdf file; Public Employees for Environmental Responsibility (PEER), 12/8/2006] , which was quietly shut down about six weeks ago (see October 20, 2006).

Entity Tags: Henry A. Waxman, John Dingell, Stephen Johnson, James L. Oberstar, Bart Gordan

Timeline Tags: US Environmental Record

As part of a library reorganization plan that was proposed in Bush’s 2007 budget request (see Early February 2006), but not approved by Congress, the EPA begins hurriedly selling library assets off for less than a penny on the dollar. Acting on orders from EPA headquarters, the agency auctions off over $40,000 worth of furniture and equipment from the recently closed Chicago regional library for a mere $350. The woman who purchases the merchandise says she expects to resell the goods for about $80,000. [GSA Auctions, 10/23/2006 pdf file; Partee, 10/28/2006 pdf file; Public Employees for Environmental Responsibility (PEER), 12/8/2006] Critics suggest that the motivation behind the rushed liquidation sale is to prevent a re-opening of the libraries should Congress vote down Bush’s budget cuts. Jeff Ruch, executive director of Public Employees for Environmental Responsibility and an outspoken critic of the EPA library closures, notes, “One big irony is that EPA claimed the reason it needed to close libraries was to save money but in the process they are spending and wasting money like drunken sailors.” [Public Employees for Environmental Responsibility (PEER), 12/8/2006]

Entity Tags: Jeff Ruch, Environmental Protection Agency

Timeline Tags: US Environmental Record

President Bush has abused his prerogative to issue “signing statements” that state the White House’s interpretion of Congressionally passed laws (see Early 2005), according to former White House counsel John Dean and constitutional law professor Laurence Tribe.
History - Signing statements have no weight in law, but presidents have traditionally used them to state their belief that a particular legislative provision is unconstitutional, and on rare occasion (before the current president) to state their refusal to enforce that provision. Since Jimmy Carter’s administration, various Justice Department officials have said presidents can refuse to enforce a particular provision of signed, legally binding legislation. [Dean, 2007, pp. 112-116] A group of young conservative lawyers in the Reagan administration decided that signing statements were a powerful, and stealthy, way to expand presidential power.
Dean: Bush's Use of Signing Statements 'Extraordinary' - However, Dean says that Bush has used signing statements far more extensively than any president before him. Dean notes that, while presidential signing statements themselves are not illegal or inherently wrong, “[i]t is Bush’s abuse of them that is extraordinary.” Dean writes there has been no concerted effort to find out if Bush is just saying he will not comply with the inordinate number of legislative provisions he has objected to, or if he is refusing to comply with them in practice. If the latter is the case, Dean writes, “he should be impeached immediately… because it would be an extraordinary breach of his oath” of office.
Tribe: Bush's Signing Statements 'Bizarre,' 'Reckless' - Dean cites Tribe, who said in 2006, “[W]hat is new and distressing [about Bush’s use of signing statements] is the bizarre, frighteningly self-serving, and constitutionally reckless character of those views—and the suspicion that the president either intends actually to act on them with some regularity, often in a manner that won’t be publicly visible at the time, or intends them as declarations of hegemony and contempt for the coordinate branches—declarations that he hopes will gradually come to be accepted in the constitutional culture as descriptions of the legal and political landscape properly conceived and as precedents for later action either by his own or by future administrations.” [Dean, 2007, pp. 112-116; Joyce Green, 2007] Political science professor Christopher Kelley agrees. Kelley, who studied the Bush administration’s use of signing statements, says: “What we haven’t seen until this administration is the sheer number of objections that are being raised on every bill passed through the White House. That is what is staggering. The numbers are well out of the norm from any previous administration.”
Signing Statements Supplanting Vetoes - In another disturbing trend, according to author and reporter Charlie Savage, Bush is using signing statements to supplant the traditional presidential veto. By mid-2007, Bush had vetoed just two bills. In contrast, Bush’s predecessor, Bill Clinton, vetoed 37 bills. George H. W. Bush vetoed 44, and Ronald Reagan vetoed 78. Legal experts studying Bush’s signing statements conclude that Bush and his legal team are using signing statements to function almost as line-item vetoes, a power the president does not have. The Supreme Court ruled in 1998 that the Founding Fathers wanted the president to either accept a Congressional bill or reject it entirely, and if Congress overrode the veto, then the president had no other recourse than to follow the new law. But now, Savage writes, “the Bush-Cheney administration had figured out that if a president signed a bill and then instructed the government to consider selected provisions null (see December 30, 2005), he could accomplish much the same thing. Moreover, it was an absolute power because, unlike when there is a regular veto, Congress had no opportunity to override his legal judgments.” [Savage, 2007, pp. 230-231]

Entity Tags: Laurence Tribe, John Dean, US Department of Justice, George W. Bush, Charlie Savage, James Earl “Jimmy” Carter, Jr., Christopher Kelley

Timeline Tags: Civil Liberties

President Barack Obama orders a review of former President Bush’s signing statements. Bush often used signing statements to instruct administration officials how to implement, or to ignore, Congressional legislation and other laws (see Early 2005, January 13, 2006, and September 2007). Obama has sent memos to numerous federal agencies directing them to review Bush’s signing statements. White House press secretary Robert Gibbs says that other presidents have used signing statements to note potential problems and conflicts, and says Obama will continue that practice. But, Gibbs says, Obama will not use signing statements to disregard Congress’s intent in its legislation. [Associated Press, 3/9/2009]

Entity Tags: Barack Obama, Robert Gibbs, George W. Bush

Timeline Tags: Civil Liberties

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