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The first African-American candidate to successfully run for office in Leon County, Florida, is James Ford, a vice principal running for the Tallahassee city commission. The Tallahassee Democrat gives a qualified endorsement to Ford, saying that he is a “mature Negro” and going on to say: “We are impressed that he may be the best-qualified Negro ever to offer for public office in Tallahassee. We would expect him to serve, if elected, as a proper representative of his racial minority without antagonistic attitudes towards the majority that might result in more frustration and discord than genuine advancement.” (Tapper 3/2001)
James Ford, an official with the American Petroleum Institute (API), sends Energy Department official Joseph T. Kelliher copies of the API’s position papers. In that packet is what the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001) will describe as a “suggested executive order to ensure that energy implications are considered and acted on in rulemakings and executive actions.” In May 2001, President Bush will issue that selfsame executive order (see May 11, 2001). (Abramowitz and Mufson 7/18/2007)
President Bush signs Executive Order 13211. It is a verbatim copy of a “suggested” order sent in March by American Petroleum Institute official James Ford (see March 20, 2001). The executive order, enigmatically titled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” exempts certain industry actions from federal review. (White House 5/22/2001; Dubose and Bernstein 2006, pp. 17)
Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years, spent over six years before the 9/11 attacks running nuclear war games for the US government. In a Vanity Fair article, Levernier reveals what he shows to be critical weaknesses in security for US nuclear plants. Levernier’s special focus was the Los Alamos Nuclear Laboratory and nine other major nuclear facilities. The Los Alamos facility is the US’s main storage plant for processing plutonium and obsolete (but still effective) nuclear weapons. Levernier’s main concern was terrorist attacks. Levernier’s procedure was to, once a year, stage a mock terrorist attack using US military commandos to assault Los Alamos and the other nuclear weapons facilities, with both sides using harmless laser weapons to simulate live fire. Levernier’s squads were ordered to penetrate a given weapons facility, capture its plutonium or highly enriched uranium, and escape. The facilities’ security forces were tasked to repel the mock attacks.
Multiple Failures - Levernier is going public with the results of his staged attacks, and the results are, in the words of Vanity Fair reporter Mark Hertsgaard, “alarming.” Some facilities failed every single test. Los Alamos fell victim to the mock attacks over 50 percent of the time, with Levernier’s commandos getting in and out with the goods without firing a shot—they never encountered a guard. And this came when security forces were told months in advance exactly what day the assaults would take place. Levernier calls the nuclear facilities’ security nothing more than “smoke and mirrors.… On paper, it looks good, but in reality, it’s not. There are lots of shiny gates and guards and razor wire out front. But go around back and there are gaping holes in the fence, the sensors don’t work, and it just ain’t as impressive as it appears.” The Los Alamos facility houses 2.7 metric tons of plutonium and 3.2 metric tons of highly enriched uranium; experts say that a crude nuclear device could be created using just 11 pounds of plutonium or 45 pounds of highly enriched uranium. Arjun Makhijani, the head of the Institute for Energy and Environmental Research, says the most dangerous problem exposed by Levernier is the possibility of terrorists stealing plutonium from Los Alamos. It would be a relatively simple matter to construct a so-called “dirty bomb” that could devastate an American city. Even a terrorist attack that set off a “plutonium fire” could result in hundreds of cancer deaths and leave hundreds of square miles uninhabitable.
Involuntary Whistleblower - Levernier is not comfortable about being a whistleblower, and until now has never spoken to the press or Congress about his experiences. He finds himself coming forward now because, after spending six years trying unsuccessfully to persuade his bosses at the DOE to address the problems, they refused to even acknowledge that a problem existed. Shortly before he spoke to Hertsgaard, he was fired for a minor infraction and stripped of his security clearance, two years before he was due to retire with a full pension. He has filed a lawsuit against the DOE, charging that he was illegally gagged and improperly fired. He is speaking out, he says, in the hopes of helping prevent a catastrophic terrorist attack against the US that is entirely preventable. Levonier asserts that the Bush administration is doing little more than talking tough about nuclear security (see February 15, 2004). (Carter 2004, pp. 17-18; Hertsgaard 2/15/2004)
Rich Levernier, a specialist with the Department of Energy (DOE) for 22 years who spent over six years before the 9/11 attacks running nuclear war games for the US government, says that the Bush administration has done little more than talk about securing the nation’s nuclear facilities from terrorist attacks. If Levernier and his team of experts (see February 15, 2004) are correct in their assessments, the administration is actually doing virtually nothing to protect the US’s nuclear weapons facilities, which certainly top any terrorist’s wish list of targets. Instead of addressing the enormous security problems at these facilities, it is persecuting whistleblowers like Levernier. Indeed, the administration denies a danger even exists. “Any implication that there is a 50 percent failure rate on security tests at our nuclear weapons sites is not true,” says Anson Franklin, a spokesman for the National Nuclear Security Administration (NNSA), a DOE agency that oversees the US’s nuclear weapons complex. “Our facilities are not vulnerable.”
Too Strict Grading? - James Ford, who is retired, was Levernier’s direct DOE supervisor in the late 1990s. He says that while Levernier was a talented and committed employee, the results he claims from his mock terror attacks are skewed because of what Ford calls Levernier’s too-strict approach to grading the performance of the nuclear facilities’ security personnel. Ford says that Levernier liked to focus on one particular area, the Technical Area-18 facility, at the Los Alamos nuclear facility in New Mexico, though the site is essentially indefensible, located at the bottom of a canyon and surrounded on three sides by steep, wooded ridges that afforded potential attackers excellent cover and the advantage of high ground.
Complaints of 'Strict Grading' Baseless, Squad Commander Says - “My guys were licking their chops when they saw that terrain,” says Ronald Timms, who commanded mock terrorist squads under Levernier’s supervision. Timms, now the head of RETA Security, which participated in many DOE war games and designed the National Park Service’s security plans for Mount Rushmore, says Ford’s complaint is groundless: “To say it’s unfair to go after the weak link is so perverse, it’s ridiculous. Of course the bad guys are going to go after the weakest link. That’s why [DOE] isn’t supposed to have weak links at those facilities.” In one such attack Timms recalls, Levernier’s forces added insult to injury by hauling away the stolen weapons-grade nuclear material in a Home Depot garden cart. The then-Secretary of Energy, Bill Richardson, ordered the weapons-grade material at TA-18 to be removed to the Nevada Test Site by 2003. That has not happened yet, and is not expected to happen until 2006 at the earliest.
Rules of Engagement - The failure rates are even harder to understand considering the fact that the rules of engagement are heavily slanted in favor of the defense. A real terrorist attack would certainly be a surprise, but the dates of the war games were announced months in advance, within an eight-hour window. Attackers were not allowed to use grenades, body armor, or helicopters. They were not allowed to use publicly available radio jamming devices. “DOE wouldn’t let me use that stuff, because it doesn’t have a defense against it,” Levernier says. His teams were required, for safety reasons, to obey 25 MPH speed limits. Perhaps the biggest flaw in the DOE’s war games, Levernier says, is that they don’t allow for suicide bombers. The games required Levernier’s teams to steal weapons-grade nuclear material and escape. It is likely, though, that attackers would enter the facility, secure the materials, and detonate their own explosives. DOE did not order nuclear facilities to prepare for such attacks until May 2003, and the policy change does not take effect until 2009. Levernier notes that three of the nation’s nuclear weapons facilities did relatively well against mock attacks: the Argonne National Laboratory-West in Idaho, the Pantex plant in Texas, and the Savannah River Site in South Carolina.
Bureaucratic, Political Resistance - So why, asks Vanity Fair journalist Mark Hertsgaard, doesn’t the Bush administration insist on similar vigilance throughout the entire nuclear complex? They “just don’t think [a catastrophic attack] will happen,” Levernier replies. “And nobody wants to say we can’t protect these nuclear weapons, because the political fallout would be so great that there would be no chance to keep the system running.” The DOE bureaucracy is more interested in the appearance of proper oversight than the reality, says Tom Devine, the lawyer who represents both Levernier and other whistleblowers. “Partly that’s about saving face. To admit that a whistleblower’s charges are right would reflect poorly on the bureaucracy’s competence. And fixing the problems that whistleblowers identify would often mean diverting funds that bureaucrats would rather use for other purposes, like empire building. But the main reason bureaucrats have no tolerance for dissent is that taking whistleblowers’ charges seriously would require them to stand up to the regulated industry, and that’s not in most bureaucrats’ nature, whether the industry is the nuclear weapons complex or the airlines.”
Stiff Resistance from Bush Administration - Devine acknowledges that both of his clients’ troubles began under the Clinton administration and continued under Bush, but, Devine says, the Bush administration is particularly unsympathetic to whistleblowers because it is ideologically disposed against government regulation in general. “I don’t think President Bush or other senior officials in this administration want another September 11th,” says Devine, “but their anti-government ideology gets in the way of fixing the problems Levenier and [others] are talking about. The security failures in the nuclear weapons complex and the civil aviation system are failures of government regulation. The Bush people don’t believe in government regulation in the first place, so they’re not inclined to expend the time and energy needed to take these problems seriously. And then they go around boasting that they’re winning the war on terrorism. The hypocrisy is pretty outrageous.” (Carter 2004, pp. 17-18; Hertsgaard 2/15/2004)
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