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US Civil Liberties

Continuity of Government / Shadow Government

Project: US Civil Liberties
Open-Content project managed by Paul, KJF, mtuck, paxvector

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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

Category Tags: Government Acting in Secret, Continuity of Government

The American Civil Liberties Union warns that InfraGard, the private organization that cooperates with the FBI in law enforcement and other areas (see 1996-2008), is a potential threat to constitutional freedoms. “There is evidence that InfraGard may be closer to a corporate TIPS program [TIPS is a program proposed by the Bush administration to encourage Americans to spy on one another], turning private-sector corporations—some of which may be in a position to observe the activities of millions of individual customers—into surrogate eyes and ears for the FBI,” the ACLU says in its report, “The Surveillance-Industrial Complex: How the American Government Is Conscripting Businesses and Individuals in the Construction of a Surveillance Society.” [Progressive, 2/7/2008]

Entity Tags: Bush administration (43), American Civil Liberties Union, InfraGard, Federal Bureau of Investigation, Operation TIPS

Category Tags: Privacy, Impositions on Rights and Freedoms, Continuity of Government, Other Surveillance

FBI Director Robert Mueller tells an audience at an InfraGard convention, “Those of you in the private sector are the first line of defense.” InfraGard is an organization made up of private business executives and employees who work with the FBI in counterterrorism, surveillance, and other areas (see 1996-2008). Mueller urges InfraGard members to contact the FBI if they “note suspicious activity or an unusual event.” And he urges members to inform the FBI about “disgruntled employees who will use knowledge gained on the job against their employers.” After the convention, Muller says of InfraGard, “It’s a great program.” [Progressive, 2/7/2008]

Entity Tags: Federal Bureau of Investigation, Robert S. Mueller III, InfraGard

Category Tags: Privacy, Impositions on Rights and Freedoms, Continuity of Government, Other Surveillance

The Department of Homeland Security awards a contract to Halliburton subsidiary Kellogg, Brown & Root to establish what the $385 million contract describes as “temporary detention and processing capabilities.” Journalist Christopher Ketcham will comment: “The contract is short on details, stating only that the facilities would be used for ‘an emergency influx of immigrants, or to support the rapid development of new programs.’ Just what those ‘new programs’ might be is not specified.” [Radar, 5/2008]

Entity Tags: Kellogg, Brown and Root, US Department of Homeland Security, Halliburton, Inc.

Category Tags: Continuity of Government, Gov't Violations of Prisoner Rights

President Bush issues a classified presidential directive updating the nation’s secretive post-disaster “National Continuity Policy.” The highly classified Continuity of Government (COG) and Continuity of Operations (COOP) plans are designed to keep the government functioning in times of national emergency. Bush’s presidential directive, officially titled National Security Presidential Directive 51 (NSPD-51)/Homeland Security Presidential Directive 20 (HSPD-20), is described by the Boston Globe as a “special kind of executive order that can be kept secret.” The non-classified portion of the directive is posted quietly on the White House website, with no explanation. The document states, “It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government.” The directive orders executive branch officials to establish a wide range of special protocols to keep the government running during an emergency. The directive stresses the importance of relocating to alternative facilities, delegating powers to emergency leaders, and securing and allocating the nation’s vital resources. According to NSPD-51, the special emergency plans should be ready to go at a moment’s notice, and incorporated into the daily operations of all executive departments and agencies. The special emergency protocols are designed for any “catastrophic emergency,” which NSPD-51 defines as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the US population, infrastructure, environment, economy, or government functions.” Incidents falling into this category would not be limited to hostile attacks, the document makes clear, but would also include “localized acts of nature” and “accidents.” The new plan centralizes post-disaster planning in the White House, and appears to limit the powers of the legislative and judicial branches in times of emergency. The directive creates the position of national continuity coordinator, which is to be held by the assistant to the president for homeland security and counterterrorism. The secretary of homeland security and the national continuity coordinator are to oversee the development and implementation of the continuity plans. [Washington Post, 5/10/2007; US President, 5/14/2007 pdf file; Progressive, 5/18/2007; Boston Globe, 6/2/2007]
Conservative Commentators Warn of 'Dictatorial Powers' - Conservative commentator Jerome Corsi says the directive appears to give the president a legal mechanism to seize “dictatorial powers” since it would not require consultation with Congress about when to invoke emergency powers, or when to relinquish them. It is also noted that the new plan does not explicitly acknowledge the National Emergencies Act, which gives Congress the authority to override the president’s determination that a national emergency still exists. James Carafano, a homeland security specialist at the Heritage Foundation, says that the lack of an explanation for the unexpected directive is “appalling.” [Boston Globe, 6/2/2007]

Entity Tags: Continuity of Government, George W. Bush, James Carafano, Jerome Corsi

Timeline Tags: Complete 911 Timeline

Category Tags: Expansion of Presidential Power, Other Legal Changes, Continuity of Government, Government Acting in Secret

In July and then again in August, Representative Peter DeFazio (D-OR), a member of the House Homeland Security Committee, asks for access to the “classified annexes” of the Bush administration’s Continuity of Government (COG) program. DeFazio became interested in the topic because of Homeland Security Presidential Directive 20 (also known as NSPD-51), issued in May 2007, which reserved for the executive branch the sole authority to decide what constitutes a national emergency and to determine when the emergency is over. In a press release issued in August, DeFazio says he is concerned the NSPD-51 COG plans are “extra-constitutional or unconstitutional.” Around the same time, he tells the Oregonian: “Maybe the people who think there’s a conspiracy out there are right.” However, the documents will not have been released by May 2008. Some time soon after this, Congressional sources will say DeFazio has apparently abandoned his effort to get to the bottom of the classified annexes. However, DeFazio’s chief of staff will say he soon intends to ask for a classified briefing. [Radar, 5/2008]

Entity Tags: Peter DeFazio, Homeland Security Presidential Directive 20, House Homeland Security Committee

Category Tags: Continuity of Government

Wired News reporter Ryan Singel examines the documents released as part of the FBI’s probe into the possibly illegal use of National Security Letters (NSLs) by its agents (see Before Mid-March, 2007). Singel finds that all of the letters originate from the same room in the FBI’s Washington headquarters, Room 4944. Almost all of them refer to a “Special Project,” and the only name on any of the letters is Larry Mefford. At the time the letters were written, Mefford was the Executive Assistant Director in charge of the Counterterrorism/Counterintelligence Division. His job primarily focused on preventing domestic terror attacks. Having Mefford’s name on the letters adds another layer of interest, Singel writes: “… Mefford’s name is on documents that requested personal information on Americans. Some of those requests included information known to be false to the agents signing them. That’s a federal crime, according to one former FBI agent.” It is unclear what the “Special Project” is, outside of its existence within the FBI’s Communications Analysis Unit (CAU), which issued the NSLs in question. Why some of the NSLs requested over two pages of phone numbers as part of a single request is also unclear. Singel observes, “The documents also show that these ‘exigent letters’—essentially end runs around the rules set up to keep the FBI from trampling on citizens rights—weren’t devised by some rogue Jack Bauer-style agent [a reference to the popular TV action drama 24.]. The form letters originated from inside FBI Headquarters and in some cases, bear the name of a senior level FBI official who should have been aware of the letters’ legal grey status and possibility for abuse.” [Wired News, 7/10/2007]

Entity Tags: Counterterrorism/Counterintelligence Division (FBI), Communications Analysis Unit (FBI), Federal Bureau of Investigation, Larry Mefford, Ryan Singel

Category Tags: Privacy, Impositions on Rights and Freedoms, Continuity of Government, Government Acting in Secret, National Security Letters

MSNBC commentator Keith Olbermann lambasts President Bush’s State of the Union call to protect US telecom firms from liability in their cooperation with government surveillance of US citizens (see January 28, 2008): “President Bush has put protecting the telecom giants from the laws ahead of protecting you from the terrorists. He has demanded an extension of the FISA law—the Foreign Intelligence Surveillance Act—but only an extension that includes retroactive immunity for the telecoms who helped him spy on you.… This, Mr. Bush, is simple enough even for you to understand: If Congress approves a new FISA act without telecom immunity and sends it to your desk and you veto it—you, by your own terms and your own definitions, you will have just sided with the terrorists. Ya gotta have this law, or we’re all gonna die. But you might veto this law!” Olbermann terms Bush’s call for telecom immunity a “shameless, breathless, literal, textbook example of fascism—the merged efforts of government and corporations who answer to no government.” With heavy sarcasm Olbermann says: “[The telecom immunity] isn’t evil, it’s ‘to protect America.’ It isn’t indiscriminate, it’s ‘the ability to monitor terrorist communications.’ It isn’t unlawful, it’s just the kind of perfectly legal thing, for which you happen to need immunity.… This is not a choice of protecting the telecoms from prosecution, or protecting the people from terrorists, sir. It is a choice of protecting the telecoms from prosecution, or pretending to protect the people from terrorists.… The eavesdropping provisions of FISA have obviously had no impact on counter-terrorism, and there is no current or perceived terrorist threat, the thwarting of which could hinge on an e-mail or a phone call going through room 641-A at AT&T in San Francisco next week or next month. Because if there were, Mr. Bush, and you were to, by your own hand, veto an extension of this eavesdropping, and some terrorist attack were to follow, you would not merely be guilty of siding with the terrorists, you would not merely be guilty of prioritizing the telecoms over the people, you would not merely be guilty of stupidity, you would not merely be guilty of treason, but you would be personally, and eternally, responsible.” [MSNBC, 1/31/2008]

Entity Tags: AT&T, Keith Olbermann, George W. Bush, Foreign Intelligence Surveillance Act

Category Tags: Privacy, Impositions on Rights and Freedoms, Other Legal Changes, Continuity of Government, Government Acting in Secret, NSA Wiretapping / Stellar Wind, Media Involvement and Responses

The Bush administration updates the secretive Continuity of Government (COG) program, which is designed to ensure the survival of the federal government during disasters. Federal emergency responsibilities are consolidated within the White House Military Office, a move designed to simplify the government’s response procedures. Under the changes, the Department of Defense and the Bush administration take over parts of the program from the Federal Emergency Management Agency (FEMA). According to the New York Times, “Under the revamped structure, the White House Military Office, which reports to the office of the White House chief of staff, has assumed a more central role in setting up a temporary ‘shadow government’ in a crisis.” According to the Times, the move comes after “months of heated internal debate about the balance of power and the role of the military” in a time of crisis. “Supporters of the plan inside the Bush White House, including Vice President Dick Cheney’s office, saw the erratic response to the Sept. 11 attacks in 2001 and Hurricane Katrina in 2005 as a mandate for streamlining an emergency response process they considered clunky because it involved too many agencies.” Officials opposed to the plan argue the new structure places “too much power in the hands of too few people.” They also perceive the changes to be “part of the Bush administration’s broader efforts to enhance the power of the White House.” Supporters of the plan originally wanted to take the changes further, but according to the Times, “concerns about the perception of growing military influence in the emergency process set off an internal struggle, and the White House decided not to move ahead with a more ambitious proposal to give the power of the purse to the military arm, rather than FEMA, for budgeting the emergency operations, one official said.” A spokesman for the Pentagon will later describe the changes as a “minor tweaking” of the system. The changes are authorized by President Bush’s National Security Presidential Directive 51 (NSPD-51), which was signed in May 2007 (see May 9, 2007). [New York Times, 7/27/2009]

Entity Tags: White House MIlitary Office, Bush administration (43), Federal Emergency Management Agency, US Department of Defense, Richard (“Dick”) Cheney

Category Tags: Expansion of Presidential Power, Continuity of Government, Government Acting in Secret

The New York Times reports that the ultra-secretive Continuity of Government program, which was activated and expanded by the Bush administration following the 9/11 attacks, is kept in tact by the new administration of Barrack Obama. According to the Times, White House officials draw “no distance between their own policies and those left behind by the Bush administration.” Officials refuse to discuss details of the continuity plans, but say the current policy is “settled.” [New York Times, 7/27/2009] Shortly before leaving office, Bush officials updated the plans and increased the role of the White House and the military (see January 2009).

Entity Tags: Obama administration, Bush administration (43)

Category Tags: Expansion of Presidential Power, Continuity of Government

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