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US Civil Liberties

Governmental Impositions on Rights and Freedoms

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

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James Madison and Thomas Jefferson.James Madison and Thomas Jefferson. [Source: ecollision (.com)]Virginia Governor Thomas Jefferson, the author of the Declaration of Independence and one of the creators of the as-yet-unwritten US Constitution, writes in his book Notes on the State of Virginia: “[I]t does me no injury for my neighbor to say there are twenty gods or no God. It neither picks my pocket nor breaks my leg.” The passage follows Jefferson’s introduction of a bill in the Virginia legislature that guarantees legal equality for citizens of all religions, or no religion, in the state. The bill stalls until 1784, when Virginia legislator Patrick Henry introduces a bill mandating state support for “teachers of the Christian religion.” Fellow legislator James Madison, another author of the Constitution, presents an essay titled “Memorial and Remonstrance Against Religious Assessments” that explains why the state has no business supporting Christian instruction. Madison garners some 2,000 signatures of support, and his essay becomes a linchpin of American political philosophy, endorsing the concept of a strictly secular state that later gives the Constitution the concept of “the separation of church and state.” In the essay, Madison declares “the Religion then of every man must be left to the conviction and conscience of every… man to exercise it as these may dictate. This right is in its nature an inalienable right.” He also writes that government sanction of a religion is in essence a threat to the idea of religion: “Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects?” Madison, a Baptist mindful of the persecution of Baptist ministers being arrested in Virginia, notes that Christianity had spread in the face of persecution from worldly powers, not with their help. Christianity, he contends, “disavows a dependence on the powers of this world… for it is known that this Religion both existed and flourished, not only without the support of human laws, but in spite of every opposition from them.” Henry’s proposal directly challenges the idea of America as a refuge for the protester or rebel, he writes; instead, it is “a departure from that generous policy, which offering an Asylum to the persecuted and oppressed of every Nation and Religion, promised a lustre to our country.” Henry’s bill is roundly defeated, and Virginia establishes a law following Jefferson’s lead in mandating the separation between church and governmental affairs. After that law passes, Jefferson writes that the law “meant to comprehend, within the mantle of its protection, the Jew, the Gentile, the Christian and the Mahometan [Muslim], the Hindoo and Infidel of every denomination.” The same mandate becomes part of Article VI of the US Constitution, which states that federal elective and appointed officials “shall be bound by Oath or Affirmation, to support this Constitution, but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” In 2010, scholar Kenneth C. Davis will write, “This passage—along with the facts that the Constitution does not mention God or a deity (except for a pro forma ‘year of our Lord’ date) and that its very first amendment forbids Congress from making laws that would infringe of the free exercise of religion—attests to the founders’ resolve that America be a secular republic.” Towards the end of his life, Madison will write a letter summarizing his views: “And I have no doubt that every new example, will succeed, as every past one has done, in shewing that religion & Govt. will both exist in greater purity, the less they are mixed together.” [Thomas Jefferson, 1782; James Madison, 1784; Smithsonian Magazine, 10/2010]

Entity Tags: Patrick Henry, Kenneth C. Davis, Thomas Jefferson, James Madison

Timeline Tags: Domestic Propaganda

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms

George Washington.George Washington. [Source: VisitingDC (.com)]In a letter to the Hebrew Congregation in Newport, Rhode Island, President George Washington writes in part: “The citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy—a policy worthy of imitation.… It is now no more that toleration is spoken of as if it were the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights, for, happily, the government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens.… May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants—while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.” [George Washington, 8/1790; George Washington, 8/17/1790]

Entity Tags: George Washington

Timeline Tags: Domestic Propaganda

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms

The US Supreme Court rules in Dred Scott v. Sandford that African-Americans are not citizens regardless of their status as free or slave, and therefore cannot sue for redress in federal courts. The Court also rules that Congress has no power to ban slavery in US territories, and that the rights of slaveowners are protected by the Fifth Amendment because slaves are categorized as property. The origins of the case date to 1833 when Army surgeon Dr. John Emerson purchased Dred Scott, a slave, and moved him to a military base in Wisconsin. Slavery was banned in territories made free by the Missouri Compromise, and Wisconsin was one of these territories. However, Scott did not assert his freedom at that time. Instead, he lived in Wisconsin for four years, sometimes hiring himself out for work. In 1840, Scott moved with his family to Louisiana and then to St. Louis, Missouri, with Emerson. After Emerson died, Scott attempted to buy his family’s freedom from Emerson’s wife Eliza Irene Sanford, but was refused. (Sanford’s name was misspelled ‘Sandford’ in court documents.) Scott then sued Sanford in a state court, arguing that he and his family were free because they lived in a territory where slavery was illegal, and that he was owed back wages. A state court found in Scott’s favor in 1850, but Sanford’s brother John appealed the decision. The Missouri Supreme Court overturned the original decision. Scott, alleging physical abuse, then sued John Sanford for damages in a federal court, but a jury disallowed Scott’s right to file a case in federal court. Scott appealed this decision to the Supreme Court. In a majority opinion written by Chief Justice Roger B. Taney, the Court finds that it lacks jurisdiction to take the case because Scott is not a US citizen. Taney writes that Scott is “a negro, whose ancestors were imported into this country and sold as slaves,” and, therefore, he is not a “member of the political community formed and brought into existence by the Constitution.” Taney also dismisses Scott’s assertion that his residence in a free state automatically grants him freedom and status as a US citizen, reasoning that states may choose to recognize the rights of freed slaves as citizens, but the federal government is under no obligation to do so. Lastly, the Court finds that, because slaves are property, Congress’s ban on slavery in the territories violates the Fifth Amendment’s protection of property rights. Justice Benjamin Curtis issues a powerful dissent to the Taney opinion. The Court’s decision will exacerbate tensions between Northern and Southern states, being widely seen as validating the South’s view of national power. It will also embolden pro-slavery Southerners and others to try to extend slavery into other areas of the nation, and will infuriate abolitionists, who will become powerful voices within the newly formed Republican Party. The three “Reconstruction Amendments”—the Thirteenth, Fourteenth, and Fifteenth (see February 26, 1869)—will render the Scott decision invalid. In modern times, all people born or naturalized in the US will be considered citizens who have the right to bring suit in federal court. [PBS, 12/2006]

Entity Tags: Republican Party, Benjamin Curtis, Dred Scott, Eliza Irene Sanford, John Emerson, US Supreme Court, Roger B. Taney, Missouri Supreme Court, John Sanford

Category Tags: Citizenship Rights, Impositions on Rights and Freedoms, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights, Voter Fraud/Disenfranchisement

The US Congress passes the Edmunds Act, which strips the right to vote from citizens convicted of polygamy. Those citizens also lose their right to hold elected office. The law is passed to restrict the polygamist practices of some members of the Church of Jesus Christ of Latter-day Saints (the LDS Church, or the Mormon Church), who have been openly practicing polygamy since 1853. The Edmunds Act is a compendium of amendments to the Morrill Act of 1862, which banned polygamy and disincorporated the Mormon Church, but was never enforced due to the Civil War. The Edmunds Act leads to the dismissal of all registration and election officials in the Utah Territory, and a board of five commissioners is appointed to handle territorial elections. The Edmunds Act will not be the last attempt by the US Congress to stop Mormons from practicing polygamy. [Utah History Encyclopedia, 1994; ProCon, 10/19/2010]

Entity Tags: Edmunds Act of 1882, Church of Jesus Christ of Latter-day Saints, US Congress, Morrill Act of 1862

Category Tags: Impositions on Rights and Freedoms, Voting Rights, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

The US Supreme Court strikes down the provision of an 1875 civil rights law that prohibited racial discrimination by owners of hotels, theaters, and other forms of public accommodation. The Court consolidates a number of cases from four states into the “Civil Rights Cases,” and rules that the Fourteenth Amendment (see July 9, 1868) does not give the federal government the power to ban private discrimination. Further, the court rules that the denial of public accommodation does not constitute a “badge of slavery” and is therefore not prohibited by the Thirteenth Amendment, which ended slavery in the US. [PBS, 12/2006; U.S. Supreme Court, 2012]

Entity Tags: US Supreme Court

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Impositions on Rights and Freedoms

Florida’s legislature passes a number of laws designed to disenfranchise African-American voters. The provisions include a poll tax and an “eight box law,” under which voters are required to place ballots in correct boxes which are then shifted throughout the day. Between 1888 and 1892, voter turnout among African-Americans will drop from 62 percent to 11 percent. [American Civil Liberties Union, 2012]

Entity Tags: Florida State Legislature

Category Tags: Impositions on Rights and Freedoms, Election, Voting Laws and Issues, Voting Rights, Voter Fraud/Disenfranchisement

An excerpt from a ‘Harper’s Weekly’ cartoon from 1876 showing two white men menacing a black man attempting to cast a vote. The cartoon illustrates the effect of the ‘grandfather clause.’ An excerpt from a ‘Harper’s Weekly’ cartoon from 1876 showing two white men menacing a black man attempting to cast a vote. The cartoon illustrates the effect of the ‘grandfather clause.’ [Source: Harper's / St. John's School]The Louisiana legislature adopts a so-called “grandfather clause” designed to disenfranchise African-American voters. As a result, the percentage of registered black voters drops from 44.8 percent in 1896 to 4 percent in 1890. Louisiana’s lead is followed by similar laws being passed in Mississippi, South Carolina, Alabama, and Virginia. Louisiana’s “grandfather clause” requires voters to register between January 1, 1897 and January 1, 1898. It imposes a literacy test. Illiterate or non-property owning voters whose fathers or grandfathers were not eligible to vote in 1867 (as per the Fifteenth Amendment—see February 26, 1869) are not allowed to register. Almost all African-Americans were slaves in 1867, and were not allowed to vote. The American Civil Liberties Union will later write, “[T]he measure effectively disfranchises all black voters who cannot read or write or who do not own more than $300 in property.” [School, 2011; American Civil Liberties Union, 2012]

Entity Tags: Louisiana State Legislature, American Civil Liberties Union

Category Tags: Impositions on Rights and Freedoms, Election, Voting Laws and Issues, Voting Rights, Voter Fraud/Disenfranchisement

Justice Henry Brown.Justice Henry Brown. [Source: Wikimedia]The US Supreme Court rules 7-1 in Plessy v. Ferguson that a Louisiana law requiring “equal but separate accomodations for the white and colored races” is constitutional. Homer Plessy, a light-skinned black man who sometimes “passed” as white, took part in a plan by a small number of black professionals seeking to have a court overturn the Louisiana Separate Car Act of 1890. Plessy boarded a whites-only railroad car and was arrested, as per arrangement, by a private detective. The group intended to use Plessy’s light skin tone to demonstrate how arbitrary and unconstitutional the law was. Plessy’s lawyers argued that Louisiana’s segregation law violated both the Thirteenth Amendment, which bars slavery, and the Fourteenth Amendment, which guarantees all Americans equal protection under the law (see July 9, 1868). Louisiana courts consistently found against Plessy, and the case moved all the way to the Supreme Court. Writing for the Court’s majority, Justice Henry Brown rules that the law does not “discriminate” among legal rights by race, but merely recognizes a “distinction” between races “which must always exist so long as white men are distinguished from the other race by color.” He adds: “Legislation is powerless to eradicate racial instincts or to abolish distinctions based on physical differences, and the attempt to do so can only result in accentuating the differences of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them on the same plane.” The ruling establishes the “separate but equal” doctrine that informs many states’ decision to segregate public facilities—schools, railcars, even drinking fountains. Justice John Marshall Harlan, a former slave owner and a pro-slavery politician, writes a fiery dissent that refutes Brown’s assertion that the Louisiana law discriminates equally among whites and blacks. Harlan writes, “Everyone knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons.” He disagrees with the majority opinion’s finding that segregation on railcars does not violate African-Americans’ constitutional rights under the Fourteenth Amendment. But Harlan does not advocate social equality among the races. Instead, he argues that legally imposed segregation denies political equality. Harlan writes: “The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements, in education, in wealth, and in power. So, I doubt not, it will continue to be for all time, if it remains true to its great heritage, and holds fast to the principles of constitutional liberty. But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.” Harlan’s dissent becomes the underpinning of the 1954 Brown v. Board of Education decision (see May 17, 1954). [PBS, 12/2006; PBS, 12/2006]

Entity Tags: Homer Plessy, Henry Billings Brown, US Supreme Court, Louisiana Separate Car Act of 1890, John Marshall Harlan

Category Tags: Impositions on Rights and Freedoms, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights, Voter Fraud/Disenfranchisement

The US Supreme Court upholds a Mississippi law requiring citizens to pass a literacy test before being allowed to vote. The Williams v. Mississippi decision holds that such tests do not violate the Fifteenth Amendment (see February 26, 1869) as long as they are applied equally to all prospective voters. The literacy test stemmed from a state “Constitutional convention” that codified a “compromise” between white slaveowners and those who opposed their iron control of the Mississippi state government. The compromise would declare all illiterate Mississippi citizens as ineligible to vote, but the real purpose of the convention—to disenfranchise blacks—was well known. James Kimble Vardaman, who would later become governor, said of the convention: “There is no use to equivocate or lie about the matter. Mississippi’s constitutional convention was held for no other purpose than to eliminate the n_gger from politics; not the ignorant—but the n_gger.” White Republican Marsh Cook challenged the Democrats for a seat to the convention and was murdered in response. The only African-American delegate to the convention, Isaiah Montgomery, was invited because of his willingness to support disenfranchisement. The convention established the literacy test, establishing as a proper test the reading of any selected section of the Mississippi Constitution, or giving a valid explanation of it once it was read to the voter. Registrars would interpret the success or failure of the voters’ attempts to pass the test. Since all Mississippi registrars are white, the likelihood that even a literate African-American would pass the test was slim at best. However, the Court ignores the intent of the law to disenfranchise blacks, writing: “[T]he operation of the constitution and laws is not limited by their language or effects to one race. They reach weak and vicious white men as well as weak and vicious black men, and whatever is sinister in their intention, if anything, can be prevented by both races by the exertion of that duty which voluntarily pays taxes and refrains from crime.” Other states, mainly Southern, will quickly adopt their own version of literacy tests. [PBS, 2002; PBS, 12/2006]

Entity Tags: James Kimble Vardaman, Marsh Cook, US Supreme Court, Isaiah Montgomery

Category Tags: Impositions on Rights and Freedoms, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

The US Supreme Court, ruling in the case of Takao Ozawa v. United States, finds that persons of Japanese ancestry are prohibited from becoming naturalized citizens under a law limiting eligibility to “free white persons and to aliens of African nativity and to persons of African descent.” According to the Court, Takao Ozawa is “a graduate of the Berkeley, California, High School, had been nearly three years a student in the University of California, had educated his children in American schools, his family had attended American churches, and he had maintained the use of the English language in his home. That he was well qualified by character and education for citizenship is conceded.” [American Civil Liberties Union, 2012]

Entity Tags: Takao Ozawa, US Supreme Court

Category Tags: Citizenship Rights, Impositions on Rights and Freedoms, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

The US Supreme Court rules that “high caste Hindus” from India are not eligible to become US citizens because, under naturalization law, persons of Hindu ancestry are not “white.” Bhagat Singh Thind came to the United States in 1913, served in the US Army, and was granted permission to become a citizen by an Oregon official. However, a naturalization examiner objected and took the case to court. In Bhagat Singh Thind v. United States, the Court finds that Thind may not be naturalized because of his Hindu ancestry. Thind presented evidence that South Asians such as himself are scientifically classified as Aryans or Caucasians, and thusly should be classified as “white.” The Court rules that scientific evidence is secondary to the public perception of who is white and who is not. “It may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity,” the Court finds, “but the average man knows perfectly well that there are unmistakable and profound differences between them today.” In essence, the Court contradicts its findings from a ruling three months ago, where it accepted scientific proof that a Japanese man applying for American citizenship could not be classified as “white.” In 2003, documentarians for California Newsreel will write: “The justices never said what whiteness was, only what it wasn’t. Their implied logic was a circular one: Whiteness was what the common white man said it was.” Many South Asians who had been naturalized will be stripped of their citizenship and property as a result of the ruling. One, successful businessman Vaishno das Bagai, kills himself. He leaves a suicide note for his family and another one for the public that reads in part: “But now they come and say to me I am no longer an American citizen. What have I made of myself and my children? We cannot exercise our rights, we cannot leave this country. Humility and insults… blockades this way, and bridges burned behind.” The Court will later reverse itself and rule in Thind’s favor. [California Newsreel, 2003; United States v. Bhagat Singh Thind - 261 US 204, 2011; American Civil Liberties Union, 2012]

Entity Tags: California Newsreel, Bhagat Singh Thind, US Supreme Court, Vaishno das Bagai

Category Tags: Citizenship Rights, Impositions on Rights and Freedoms, Court Procedures and Verdicts

The US Supreme Court reverses the conviction of the “Scottsboro Boys,” nine black men from Scottsboro, Alabama, who had been convicted of raping a group of white women and sentenced to death. In the case of Powell v. Alabama, the Court finds that the men had been granted inadequate representation—they had been given a court-appointed lawyer only on the morning of their trial, and thusly that lawyer had no time to prepare an adequate defense. The case is sent back to the Alabama state court, where despite testimony from one of the alleged victims that no rape had taken place, all are convicted again. The Supreme Court will again overturn their convictions, this time because no blacks were on the jury. The nine are tried for a third time: four are convicted, one pleads guilty, and four have charges against them dropped. [PBS, 12/2006]

Entity Tags: US Supreme Court

Category Tags: Impositions on Rights and Freedoms, Court Procedures and Verdicts

Director of the FBI J. Edgar Hoover orders the bureau to begin preparing a list of individuals to be closely monitored and/or detained in the event of a national emergency or war. The list is to be comprised of persons considered to have strong “Nazi” and “Communist tendencies.” The FBI is ordered to collect information on suspected individuals from employment records, school records, newspapers, and “confidential sources of information.” The list will become part of the FBI’s Custodial Detention Program in 1940 (see November 1940-1943). [New York Times, 10/23/1975; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 412]

Entity Tags: J. Edgar Hoover, Federal Bureau of Investigation

Category Tags: Impositions on Rights and Freedoms, Detainments in US

The FBI maintains a list of individuals that are to be closely monitored and/or detained in the event of a national emergency or war. The index of names, known officially as the “Custodial Detention Program,” is spawned from a list established in 1939 by FBI Director J. Edgar Hoover (see November 1939). The updated list is composed of persons thought to have a “Communistic, Fascist, Nazi, or other nationalistic background.” The list includes individuals that distribute “literature and propaganda favorable to a foreign power and opposed to the American way of life,” as well as “agitators who are adherents of foreign ideologies.” The names on the list are divided into two categories: those who are to be immediately detained in the event of war and those who are to be subject to close surveillance in the event of war. The program will be criticized for being unreliable and potentially illegal (see 1943). [Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 417]

Entity Tags: J. Edgar Hoover, Federal Bureau of Investigation

Category Tags: Impositions on Rights and Freedoms, Detainments in US

Attorney General Francis Biddle abolishes the FBI’s Custodial Detention Program, which is designed to round up suspected dissidents in times of national emergency or war (see November 1940-1943). However, FBI Director J. Edgar Hoover secretly re-establishes the list under a new name: the Security Index (see Early 1943-1971). Biddle clearly informs the FBI: “There is no statutory authorization or other present justification for keeping a ‘custodial detention’ list of citizens.… [I]t is now clear to me that this classification system is inherently unreliable.” The attorney general comments: “The evidence used for the purpose of making the classifications was inadequate; the standards applied to the evidence for the purpose of making the classifications were defective; and finally, the notion that it is possible to make a valid determination as to how dangerous a person is in the abstract and without reference to time, environment, and other relevant circumstances, is impractical, unwise, and dangerous.” But Hoover does not comply with the attorney general’s order. He instead changes the name of the list from the Custodial Detention Program to the Security Index. The Senate Select Committee on Intelligence will later report, “The attorney general and the Justice Department were apparently not informed of the FBI’s decision to continue the program.” FBI headquarters informs its field offices, “The fact that the Security Index and Security Index Cards are prepared and maintained should be considered strictly confidential, and should at no time be mentioned or alluded to in investigative reports, or discussed with agencies or individuals outside the bureau other than duly qualified representatives of the Office of Naval Intelligence and the Military Intelligence Division, and then only on a strictly confidential basis.” [Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 420-421]

Entity Tags: J. Edgar Hoover, Francis Biddle, Office of Naval Intelligence, Senate Intelligence Committee, US Department of Justice, Federal Bureau of Investigation

Category Tags: Impositions on Rights and Freedoms, Detainments in US

The FBI maintains a “Security Index” of US citizens that are to be targeted for surveillance and/or detention in the event of a national emergency or war. The list is carried over from the FBI’s Custodial Detention Program, which was abolished by the attorney general in 1943 (see 1943 and November 1940-1943). A government source tells the New York Times that the purpose of the Security Index is to “assist in rounding up people who might commit sabotage or espionage” in the event of a disaster. The index is at first composed mostly of suspected communists, but is later expanded to include a wide range of political groups. By the 1960s, names on the list include professors, teachers, labor union organizers, authors, journalists, doctors, scientists, and clergymen. The names on the Security Index are broken down into three categories: leaders of “subversive” groups, supporters of such groups, and supporters of such groups considered to be violent. At its peak in the late 1960s, the FBI’s Security Index reportedly lists more than 26,000 citizens. FBI Special Agent M. Wesley Swearingen will later say the number is actually much higher, claiming 50,000 people are on the list in Chicago alone. Sources will later tell the New York Times that the list includes several people who pose “no genuine internal security threat.” The list is utilized by the FBI’s secret COINTELPRO program, which is used to discredit anti-war and other “New Left” groups. The Security Index will be transferred to the Administrative Index within the FBI in late 1971 (see Late 1971). [New York Times, 8/3/1975; New York Times, 10/23/1975; New York Times, 4/29/1976; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 420-421; Chicago Tribune, 3/2/1986]

Entity Tags: M. Wesley Swearingen, Federal Bureau of Investigation

Category Tags: Impositions on Rights and Freedoms, Detainments in US

The US Supreme Court upholds by a 6-3 vote the legitimacy of Executive Order 9066 issued by President Franklin Roosevelt on February 19, 1942 that mandated all Americans of Japanese heritage to report to internment camps during World War II. Writing for the Court in the case of Korematsu v. United States, Justice Hugo Black finds that an executive order based on race is “suspect,” but says that the “emergency circumstances” of wartime make the order necessary and constitutional. Forty-four years later, in 1988, Congress will formally apologize and issue monetary reparations to Japanese-American families who had been forced into the camps. [PBS, 12/2006; Los Angeles Times, 5/24/2011] In 2011, acting Solicitor General Neal Katyal will state that his predecessor during the case, Charles Fahy, deliberately hid evidence from the Court that concluded Japanese-Americans posed no security or military threat. The report from the Office of Naval Intelligence (ONI) found that no evidence of Japanese-American disloyalty existed, and that no Japanese-Americans had acted as spies or had signaled enemy submarines, as some at the time believed. Katyal will say that he has a “duty of absolute candor in our representations to the Court.” Katyal will say that two government lawyers informed Fahy he was engaging in “suppression of evidence,” but Fahy refused to give the report to the Court. Instead, Fahy told the Court that the forced internment of Japanese-Americans was a “military necessity.” Fahy’s arguments swayed the Court’s opinion, Katyal will state. “It seemed obvious to me we had made a mistake. The duty of candor wasn’t met,” Katyal will say. [Los Angeles Times, 5/24/2011]

Entity Tags: Neal Katyal, Office of Naval Intelligence, US Supreme Court, Charles Fahy, Franklin Delano Roosevelt, Hugo Black

Category Tags: Citizenship Rights, Impositions on Rights and Freedoms, Court Procedures and Verdicts, Detainments in US

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

The National Security Resources Board (NSRB) adopts a national censorship plan designed to restrict the free flow of information to the public in the event of a national emergency or war. The government assumes the power to censor communications and suspend freedoms of the press. An NSRB document outlining the program says censorship may be activated in a “time of war or of national emergency proclaimed by the president and found by him to arise from the use or threat of force by a foreign power.” The new NSRB plan is an extension of a program established during World War II. Author Ted Galen Carpenter will later comment: “Although advocates of censorship habitually insisted that it would only by invoked during wartime, the guidelines contained no such limitation. A declaration of war was not required; merely a declaration of emergency arising from a perceived foreign menace.” [Carpenter, 1995, pp. 112-113]

Entity Tags: National Security Resources Board, Ted Galen Carpenter, Office of Censorship

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

J. Edgar Hoover, director of the Federal Bureau of Investigation (FBI), tells the House Appropriations Committee that the FBI is prepared to arrest 14,000 purported communists inside the US in the event of war with Russia. James M. McInerney, assistant attorney general, refuses to provide the committee with details regarding those on the list, but says they are “either out-and-out Communists” or are “sympathetic toward the Communist cause.” The officials are apparently referring to the FBI’s Security Index, which was established in 1943 (see 1943 and Early 1943-1971). [New York Times, 4/28/1951]

Entity Tags: Federal Bureau of Investigation, House Committee on Appropriations, J. Edgar Hoover, James M. McInerney, US Department of Justice

Category Tags: Impositions on Rights and Freedoms, Detainments in US

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Category Tags: Impositions on Rights and Freedoms, Court Procedures and Verdicts, Expansion of Presidential Power, State Secrets, Government Classification

President Dwight D. Eisenhower attends the dedication of an Islamic center in Washinton, DC, and tells his listeners: “I should like to assure you, my Islamic friends, that under the American Constitution, under American tradition, and in American hearts, this center, this place of worship, is just as welcome as could be a similar edifice of any other religion. Indeed, America would fight with her whole strength for your right to have here your own church and worship according to your own conscience.… This concept is indeed a part of America, and without that concept we would be something else than what we are.” [Dwight D. Eisenhower, 7/28/1957]

Entity Tags: Dwight Eisenhower

Timeline Tags: Domestic Propaganda

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms, Privacy

August 29, 1957: Congress Passes Civil Rights Act

Congress passes the Civil Rights Act (CRA) of 1957, the first such law to pass Congress since the federal civil rights laws of 1875. The law allows the US attorney general to bring suits to address discrimination and voter intimidation against African-Americans and other minorities. The CRA is the jumping-off point of successive legislative attempts to grant equal rights and protections for minority citizens. President Eisenhower was never a vocal supporter of civil rights, believing that such changes had to come from within the “heart” and not be imposed by legislation from Washington. However, he does support the CRA, and helped push it through Congress against entrenched resistance, largely but not entirely from Southern Democrats determined to protect segregationist practices even after the landmark Brown v. Board decision (see May 17, 1954). The CRA originally created a new division within the Justice Department to monitor civil rights abuses, but Senate Democrats, led by Lyndon Johnson (D-TX), worked to water down the bill in order to keep Southern Democrats and more liberal Democrats from the west and northeast from tearing the party apart along ideological lines. Johnson, along with Senator James O. Eastland (D-MS), rewrote the CRA to take much of its power away. The final version does grant new protections for African-American voters, pleasing the liberals of the Democratic Party, but contains almost no enforcement procedures for those found obstructing African-Americans’ attempts to vote, thus mollifying the conservative wing of the party. Eisenhower himself admitted that he did not understand parts of the bill. African-American leader Ralph Bunche, a prominent US diplomat, calls the act a sham and says he would rather have no bill than the CRA. But Bayard Rustin, a leader of the Congress on Racial Equality (CORE), says the bill has symbolic value as the first piece of civil rights legislation passed in 82 years. [History Learning Site, 2012; American Civil Liberties Union, 2012]

Entity Tags: Dwight Eisenhower, Bayard Rustin, Civil Rights Act of 1957, James O. Eastland, Lyndon B. Johnson, Ralph Bunche, US Congress

Category Tags: Citizenship Rights, Impositions on Rights and Freedoms, Election, Voting Laws and Issues

President Dwight D. Eisenhower appoints CBS executive Theodore F. Koop, who served as deputy director of the Office of Censorship during World War II, to head a new, secret, 26-member emergency censorship board. The group is placed in charge of developing plans to restrict the free flow of information to the public in the event of a national emergency or war. The plans were first adopted in 1949 (see 1949). Approximately 40 “civilian executives” agree to work for the standby censorship unit should a crisis lead to its activation. [Prescott Courier, 10/1/1970; Time, 8/10/1992; Carpenter, 1995, pp. 112-113]

Entity Tags: Dwight Eisenhower, Theodore F. Koop

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government, Media Involvement and Responses

Conservative segregationist George Wallace (D-AL) says of the civil rights movement and the accompanying unrest, “There’s nothing wrong with this country that we couldn’t cure by turning it over to the police for a couple of weeks.” [Hunt, 9/1/2009, pp. 16] (Some sources will cite this statement as having been made in 1967.) [Lloyd and Mitchinson, 2008, pp. 11]

Entity Tags: George C. Wallace

Timeline Tags: Domestic Propaganda

Category Tags: Impositions on Rights and Freedoms, Freedom of Speech / Religion

Deputy Cecil Price and Sheriff Lawrence Rainey lounge in the courtroom during a hearing on charges brought against them in the murders of three civil rights workers. Rainey is chewing tobacco.Deputy Cecil Price and Sheriff Lawrence Rainey lounge in the courtroom during a hearing on charges brought against them in the murders of three civil rights workers. Rainey is chewing tobacco. [Source: University of Missouri-Kansas City]A federal grand jury in Jackson, Mississippi, indicts 19 Ku Klux Klan members and others for the 1964 murders of three civil rights workers, James E. Chaney, Andrew Goodman, and Michael Schwerner. The indictments mark the first time in Mississippi history that white men have faced serious charges for committing race-related crimes. Deputy Sheriff Cecil Price will be sentenced to six years in jail. KKK leader Sam Bowers and KKK member Wayne Roberts will receive 10 years apiece. [American Civil Liberties Union, 2012] Investigators conclude that Bowers, the Imperial Wizard of the White Knights of the Ku Klux Klan of Mississippi, instigated the murders of Chaney, Goodman, and Schwerner. Klan members had attempted to kidnap Schwerner on June 16, 1964, but when they were unable to find him, instead set fire to a black church and systematically beat a group of black churchgoers. Schwerner, along with Chaney and Goodman, were in Ohio at the time and returned to Mississippi after hearing of the incident. Both Price and his superior, Neshoba County Sheriff Lawrence Rainey, are members of the KKK, and have a reputation for being “tough” on blacks, and officials of the Congress of Racial Equality (CORE), the organization that sponsors the three civil rights workers, were worried about their safety. On June 21, while asking about the fire and the beatings, the three workers were notified that a group of white men was looking for them. They were arrested by Price while driving to the CORE offices in Meridian, allegedly on suspicion of being involved in the church arson, and taken to the Neshoba County jail. Price met with KKK recruiter (kleagle) Edgar Ray Killen to discuss what to do with the three. Price and the other police officers pretended to release the three, and let them drive away, but Price followed them in his police cruiser. Price pulled the car carrying the three over, placed them in his police cruiser, and drove them down a lonely dirt road, followed by at least a dozen Klan members. The three were beaten by the various Klan members, then shot to death by Klan member Wayne Roberts. The bodies were taken to a dam site at a nearby farm and buried under tons of dirt by earthmoving equipment. It is almost certain that Price informed Rainey of the murders and the burials upon returning to his office. Justice Department and FBI agents began investigating the disappearance of the three workers (giving the case the name “Mississippi Burning,” or MIBURN), and soon found the burned-out hulk of the station wagon driven by Chaney during the three’s final moments. Federal agents found it difficult to find witnesses willing to talk, but FBI agent John Proctor found that children were often knowledgeable and willing to speak in return for candy. A $30,000 reward offering led agents to the buried bodies. Informants from within the Klan itself finally broke open the case, particularly John Jordan, a Meridian speakeasy owner who cooperated with agents rather than face a long prison term. In December 1964, 19 men, including Price, Bowers, Roberts, and Killen, were arrested and charged under Mississippi law. Initially, a US commissioner threw out all of the charges against the 19, claiming that no evidence linked them to the crimes, but the 19 will be charged under federal laws instead. Segregationist Judge William Harold Cox will again dismiss the charges against all but Rainey and Price, but the US Supreme Court will reinstate the charges in February 1966. Cox will impose the extraordinarily lenient sentences, and will later say, “They killed one n_gger, one Jew, and a white man—I gave them all what I thought they deserved.” Price will only serve four years of his sentence before rejoining his family in Philadelphia, Mississippi. In 1999, Mississippi will reopen the investigation, and in 2005 will reindict Killen, who escaped conviction in the first trial because of the jury’s refusal to “convict a preacher.” Killen will be sentenced to 60 years in jail on three counts of manslaughter. [Douglas O. Linder, 2005]

Entity Tags: Sam Bowers, US Department of Justice, William Harold Cox, Wayne Roberts, US Supreme Court, Michael Schwerner, Ku Klux Klan, John Proctor, Lawrence Rainey, Congress of Racial Equality, Andrew Goodman, Edgar Ray Killen, James E. Chaney, Federal Bureau of Investigation, John Jordan, Cecil Price

Category Tags: Impositions on Rights and Freedoms, Court Procedures and Verdicts, Detainments in US

Alabama police attack civil rights marchers on the Edmund Pettus Bridge outside of Selma, Alabama.Alabama police attack civil rights marchers on the Edmund Pettus Bridge outside of Selma, Alabama. [Source: Library of Congress]Over 500 non-violent civil rights marchers are attacked by law enforcement officers during a march from Selma to Montgomery, Alabama. The attack takes place while the marchers are crossing the Edmund Pettus Bridge outside of Selma. The march is to protest the disenfranchisement of African-American voters, and to protest the fatal police shooting of civil rights activist Jimmy Lee Jackson. The marchers are badly beaten by police officers and white residents wielding billy clubs and tear gas, and driven back into Selma. The marchers heed the non-violent teachings of Dr. Martin Luther King Jr. and other civil rights leaders, and refuse to counterattack. The attack, later termed “Bloody Sunday,” is shown on national television, sparking a national outcry. Two days later, King will lead a symbolic march to the bridge, and he and other civil rights leaders will secure court protection for a third, large-scale march from Selma to Montgomery. A week later, President Lyndon Johnson will denounce the attack as “deadly wrong.” On March 21, King will lead some 3,200 marchers from Selma to Montgomery, reaching the capitol on March 25. By the time they reach Montgomery, the number of marchers will have grown to around 25,000. The attack helps spur the passage of the Voting Rights Act (VRA—see August 6, 1965). [National Park Service, 2001; American Civil Liberties Union, 2012]

Entity Tags: Jimmy Lee Jackson, Edmund Pettus Bridge, Martin Luther King, Jr., Lyndon B. Johnson

Category Tags: Citizenship Rights, Impositions on Rights and Freedoms, Voting Rights, Voter Fraud/Disenfranchisement

Mount Weather, a secret underground government installation located about 50 miles west of Washington, DC (see 1950-1962), maintains a “Civil Crisis Management” program aimed at monitoring and managing civil emergencies, such as resource shortages, labor strikes, and political uprisings. The installation is a key component of the highly classified Continuity of Government (COG) program, which is meant to ensure the survival of the federal government in times of national emergency. “We try to monitor situations and get them before they become emergencies,” says Daniel J. Cronin, assistant director of the Federal Preparedness Agency (FPA), which is responsible for managing parts of the facility and program. As part of the program, Mount Weather collects and stores data regarding military and government installations, communications, transportation, energy and power, food supplies, manufacturing, wholesale and retail services, manpower, medical and educational institutions, sanitary facilities, population, and stockpiles of essential resources. The Progressive reports in 1976, “At the heart of the Civil Crisis Management program are two complicated computer systems called the ‘Contingency Impact Analysis System’ (CIAS) and the ‘Resource Interruption Monitoring System’ (RIMS).” The complex systems apparently interpret crisis situations, predict future outcomes, and provide possible solutions for emergencies. According to a 1974 FPA report obtained by The Progressive, CIAS and RIMS are used in close cooperation with private US companies “to develop a range of standby options, alternative programs… to control the economy in a crisis situation.” The Civil Crisis Management program is put on standby during several national anti-war demonstrations and inner city riots in 1967 and 1968. The program is activated during a 1973 Penn Railroad strike and is put to use again in 1974 when a strike by independent truckers threatens food and fuel shipments. By March 1976, the Civil Crisis Management program is being used on a daily basis to monitor potential emergencies. Senator John Tunney (D-CA) will claim in 1975 that Mount Weather has collected and stored data on at least 100,000 US citizens (see September 9, 1975). [Progressive, 3/1976]

Entity Tags: Federal Preparedness Agency, Mount Weather, John V. Tunney

Category Tags: Impositions on Rights and Freedoms, Privacy, Continuity of Government, Government Acting in Secret, Database Programs, Other Surveillance

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

In the wake of anti-war demonstrations and urban rioting in several US cities, the Pentagon establishes a set of civil disturbance plans designed to put down political protests and civil unrest. Conducted under the codename Operation Garden Plot, the new program significantly increases the role of the military in training for and intervening in social uprisings. The Pentagon develops contingency plans for every city considered to have potential for uprisings by students, minorities, or labor unions. Each area of the country follows a subplan of Operation Garden Plot. Operation Cable Splicer, for instance, covers the states of California, Oregon, Washington, and Arizona (see May 1968, February 10, 1969, March 1969, and May 1970). Each region will conduct exercises and war games to practice and develop its individual plans. To oversee the operations, the Pentagon establishes the Directorate of Civil Disturbance and Planning Operations. The directorate will operate from the basement of the Pentagon in what becomes known as the “domestic war room” (see April 1968). [New Times, 11/28/1975; Salon, 3/15/2002; U.S Army, 8/18/2009]

Entity Tags: Directorate of Civil Disturbance and Planning Operations, US Department of Defense

Category Tags: Impositions on Rights and Freedoms

The government establishes the Directorate of Civil Disturbance and Planning Operations within the Department of Defense. The directorate will oversee civil disturbance operations, such as Garden Plot and Cable Splicer (see Winter 1967-1968), and conduct surveillance on US citizens in search of possible security threats. The directorate is headquartered in the basement of the Pentagon in what will become known as the “domestic war room.” The center utilizes a massive computer system to monitor “all public outbursts and political dissent” within the United States. New Times magazine will describe the war room as follows: “Surrounded by acetate map overlays, a fulltime staff of 180, including around-the-clock ‘watch teams,’ [uses] teletype machines, telephones, and radios to keep in constant communication with every National Guard headquarters and all major military installations in the continental United States.” Seven Army infantry brigades totaling 21,000 troops are at the directorate’s disposal. [New Times, 11/28/1975]

Entity Tags: US Department of Defense, Directorate of Civil Disturbance and Planning Operations

Category Tags: Impositions on Rights and Freedoms, Privacy, Database Programs

Military and law enforcement officials gather at the California National Guard’s training center for a workshop seminar on civil disturbance control. The program, known as Cable Splicer I, is designed to prepare officials for a future exercise, Cable Splicer II, which will be conducted in March 1969 (see February 10, 1969 and March 1969). Operation Cable Splicer is a subplan of Operation Garden Plot, a national program established by the Pentagon to quash political uprisings and social unrest (see Winter 1967-1968). The subplan is designed to cover the states of California, Washington, Oregon, and Arizona. [New Times, 11/28/1975]

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

As President-elect Nixon’s staffers set up shop in the White House, one of Nixon’s aides, John Ehrlichman, is visited by an old college classmate, outgoing Deputy Attorney General Warren Christopher. Ehrlichman later recalls the visit: “He arrived in my office with a big package of documents and suggested we keep them at hand all the time. They were proclamations to be filled in. You could fill in the name of the city and the date and the president would sign it and declare martial law.” [Reeves, 2001, pp. 14]

Entity Tags: John Ehrlichman, Warren Christopher, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Category Tags: Impositions on Rights and Freedoms, Government Acting in Secret

Deputy Attorney General Richard Kleindienst, discussing the “subversion” of the antiwar and civil rights protest movements, says: “When you see an epidemic like this cropping up all over the country—the same kind of people saying the same kind of things—you begin to get a picture that it is a national subversive activity.… All of these student protesters should be rounded up and put into detention camps.” [Hunt, 9/1/2009, pp. 17]

Entity Tags: Richard Kleindienst

Category Tags: Impositions on Rights and Freedoms, Detainments in US

California Governor Ronald Reagan, along with a variety of other local, state, and federal officials, kicks off a regional exercise known as Cable Splicer II at the Governor’s Orientation Conference. Operation Cable Splicer is part of Operation Garden Plot, a program established by the Pentagon to monitor and put down civil unrest (see Winter 1967-1968). Cable Splicer is a subplan designed to cover the states of California, Washington, Oregon, and Arizona. Governor Reagan addresses an audience of approximately 500 Army officials and troops, local and state police officers, military intelligence personnel, private executives, and state legislators. “You know,” he says, “there are people in the state who, if they could see this gathering right now and my presence here, would decide that their worst fears and convictions had been realized—I was planning a military takeover.” According to New Times magazine, Chief Deputy Attorney General Charles O’Brien speaks bluntly about constitutional rights, “arguing at one point that if the Constitution prevents the police from gathering political intelligence, then the Constitution goes too far.” O’Brien continues: “This is a revolution, and anything goes. A civil disturbance anywhere in this state is an attack on the state itself.” Deputy Attorney General Buck Compton argues that “free speech, civil rights, [and] rights to assembly” have all become “clich├ęs.” Congressman Clair Burgener attends the conference, but is only vaguely aware of the scope of the upcoming exercise and emergency plans. He is later surprised to learn of the conference’s true nature. He will later tell New Times magazine, “If this was going on in this spirit, they were certainly pulling the wool over the eyes of the invited guests.” After reviewing the plans, he will say: “Well, I’ll be damned! This is what I call subversive.” The Cable Splicer II exercise will be conducted a month later (see March 1969). [New Times, 11/28/1975]

Entity Tags: Charles O’Brien, California National Guard, Ronald Reagan, US Department of Defense, Clair Burgener

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms

A large exercise, codenamed Cable Splicer II, is conducted in California to test and develop the ability of local, state, and federal officials to deal with political protests and urban rioting. Operation Cable Splicer is a regional subplan of the Pentagon’s Operation Garden Plot (see Winter 1967-1968). A month earlier, Governor Ronald Reagan and other officials ceremoniously kicked off the war game (see February 10, 1969). The exercise, which simulates a variety of civil disturbances, is spread across 23 political jurisdictions and includes National Guard officers, Army advisers, senior police and sheriff officers, and private executives. According to New Times magazine, “over 1,200 preplanned intelligence reports on supposedly imaginary events, people, and organizations” are pasted on index cards and handed to the participants to help “generate the make-believe war.” The magazine will later report: “The players listen to a special intelligence summary, learning the background of the civil disturbance that has led to the current ‘emergency.’ At that point, the ‘controllers’—usually senior National Guard officers and their Army advisers—begin play, feeding the IBM-card preplanned intelligence reports of dissident activity to the players. Seated at rows of desks dotted with telephones, facing a ‘situation map’ of their community, the players respond to the unfolding scenario.”
Storyline - In the first phase of the exercise, an arrest and shooting “provoke crowd unrest and threats against public officials.” Fourteen simulated hours later, rioters attack a police car and injure an officer. A member of a minority group is killed and two others are wounded. There are threats of retaliation against police officers. Mock intelligence reports suggest widespread rioting is likely, as dozens of apparent radicals are flown in on a “chartered flight” and picked up at the airport by 20 separate vehicles. The second phase of the exercise begins with “the ambush of several police cars, the attempted assassination of the mayor, the bombing of local armories, the destruction of vehicles and ammunition stocks, and the gathering of thousands of people in the streets.” The exercise participants call in police from outside jurisdictions and cities, but they are unsuccessful at quelling the violence. In the third phase of the exercise, according to New Times, “intelligence reports pouring into the Emergency Operations Center disclose more fire bombings, attempted assassinations of public officials, hoarding of water in certain areas, and sniping of fire trucks. The streets remain filled with thousands of people, and the National Guard is called to active duty.” As the crowd turns increasingly violent, the Army is called upon to take over for the National Guard. The crowd is finally dispersed, although the details of exactly how are unknown. “At their disposal,” New Times reports, “there are heavy artillery, armor, chemical and psychological warfare teams, and tactical air support.” The third phase concludes with a few “loose militants” unable to gain popular influence. [New Times, 11/28/1975]

Entity Tags: California National Guard, US Department of Defense

Category Tags: Impositions on Rights and Freedoms

President Nixon signs Executive Order 11490, updating the nation’s secretive Continuity of Government (COG) plans. Under the vague title, “Assigning Emergency Preparedness Functions to Federal Departments and Agencies,” the order directs government leaders to ensure the continuation of “essential functions” in the event of a crisis. The order grants a wide range of emergency powers to the executive branch. It directs department heads to have emergency plans for succession of office, predelegation of authority, safekeeping of records, alternative command facilities, and other “emergency action steps.” The plans are to be overseen by the Office of Emergency Preparedness (OEP). Conservative writer Howard J. Ruff will express concern over the scope of the order. “The only thing standing between us and a dictatorship,” Ruff writes, “is the good character of the president and the lack of a crisis severe enough that the public would stand still for it.” In 1984, Attorney General William Smith will object to attempts by the Reagan administration to expand the powers granted in the order (see August 2, 1984). President Reagan will officially update the plans in 1988, replacing and expanding Executive Order 11490 with Executive Order 12656 (see November 18, 1988). [Executive Order 11490, 10/28/1969; Reynolds, 1990]

Entity Tags: Richard M. Nixon, Office of Emergency Preparedness (1968-1973)

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

Louis O. Giuffrida, a colonel in the US Army who will later head the Federal Emergency Management Agency (FEMA) under President Reagan (see May 18, 1981), writes a paper while at the US Army War College advocating martial law in the event of a militant uprising by African Americans. The Miami Herald will later report that Giuffrida’s paper calls for the roundup and transfer of at least 21 million “American Negroes” to “assembly centers or relocation camps” in the event of an emergency or uprising by black citizens. The paper will resemble martial law plans later drafted by FEMA while Giuffrida is the agency’s director (see June 30, 1982). [Miami Herald, 7/5/1987]

Entity Tags: US Army War College, Louis Giuffrida

Category Tags: Impositions on Rights and Freedoms, Detainments in US, Continuity of Government

Participants in a California civil disturbance exercise, codenamed Cable Splicer III, hold an “After Action Conference” to discuss the results. The exercise was designed to pracitce Operation Cable Splicer, a regional subplan of the Pentagon’s Operation Garden Plot (see Winter 1967-1968). The participants, which include Army officials, local police officers, and private executives, spend much of the conference pronouncing their disgust for leftists and other activists. According to New Times magazine, speakers at the conference condemn “university administrators who demur at giving the police free rein on the campuses; parents of ‘would-be revolutionaries’ who support their children; and legislators who investigate police actions.” Political demonstrators are referred to as “guerrillas,” “modern day barbarians,” “Brown Shirts,” “kooks,” and “VC.” Los Angeles Police Department Inspector John A. McAllister gives a lecture listing activities that “require police action,” including “loud, boisterous, or obscene” behavior on beaches, “love-in type gatherings in parks where in large numbers they freak out,” disruptions by “noisy and sometimes violent dissidents,” peace marches and rock festivals where “violence is commonplace and sex is unrestrained,” and “campus disruptions—which in fact are nothing more than mini-revolutions.” [New Times, 11/28/1975]

Entity Tags: John A. McAllister, Los Angeles Police Department

Category Tags: Impositions on Rights and Freedoms

James A. Rhodes.James A. Rhodes. [Source: Ohio History Central (.org)]James A. Rhodes (R-OH), the governor of Ohio, says of student protesters at Kent State University: “They’re worse than the brown shirts and the communist element and also the night riders and the vigilantes (see 1970). They’re the worst kind of people we harbor in America. I think that we’re up against the strongest, well-trained, militant revolutionary group that has ever assembled in Ameica.… We’re going to eradicate the problem, we’re not going to treat the symptoms.” Two days later, National Guardsmen following Rhodes’s orders kill four unarmed students on the Kent State campus and wound nine others (see May 4-5, 1970). [Hunt, 9/1/2009, pp. 19]

Entity Tags: James A. Rhodes, Kent State University, Ohio National Guard

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Category Tags: Impositions on Rights and Freedoms

Governor Ronald Reagan listens to a statement by an antiwar protester, 1970.Governor Ronald Reagan listens to a statement by an antiwar protester, 1970. [Source: Not in Kansas (.com)]Speaking in support of the Kent State shootings, in which National Guardsmen slew four unarmed students and wounded nine others (see May 2, 1970 and May 4-5, 1970), Governor Ronald Reagan (R-CA) says of efforts to stop student protests on university campuses, “If it takes a bloodbath, then let’s get it over with.” [Hunt, 9/1/2009, pp. 19]

Entity Tags: Ronald Reagan

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Category Tags: Impositions on Rights and Freedoms

President Nixon meets with FBI Director J. Edgar Hoover, CIA Director Richard Helms, and the heads of the NSA and DIA to discuss a proposed new domestic intelligence system. His presentation is prepared by young White House aide Tom Charles Huston (derisively called “Secret Agent X-5” behind his back by some White House officials). The plan is based on the assumption that, as Nixon says, “hundreds, perhaps thousands, of Americans—mostly under 30—are determined to destroy our society.” Nixon complains that the various US intelligence agencies spend as much time battling with one another over turf and influence as they do working to locate threats to national security both inside and outside of the country. The agencies need to prove the assumed connections between the antiwar demonstrators and Communists. The group in Nixon’s office will now be called the “Interagency Committee on Intelligence,” Nixon orders, with Hoover chairing the new ad hoc group, and demands an immediate “threat assessment” about domestic enemies to his administration. Huston will be the White House liaison. Historian Richard Reeves will later write: “The elevation of Huston, a fourth-level White House aide, into the company of Hoover and Helms was a calculated insult. Nixon was convinced that both the FBI and the CIA had failed to find the links he was sure bound domestic troubles and foreign communism. But bringing them to the White House was also part of a larger Nixon plan. He was determined to exert presidential control over the parts of the government he cared most about—the agencies dealing with foreign policy, military matters, intelligence, law, criminal justice, and general order.” [Reeves, 2001, pp. 229-230]

Entity Tags: Richard Reeves, Tom Charles Huston, Central Intelligence Agency, Defense Intelligence Agency, Federal Bureau of Investigation, J. Edgar Hoover, Richard M. Nixon, Richard Helms, National Security Agency

Timeline Tags: Nixon and Watergate

Category Tags: Impositions on Rights and Freedoms, Government Acting in Secret, Other Surveillance

President Nixon approves the “Huston Plan” for greatly expanding domestic intelligence-gathering by the FBI, CIA and other agencies. Four days later he rescinds his approval. [Washington Post, 2008] Nixon aide Tom Charles Huston comes up with the plan, which involves authorizing the CIA, FBI, NSA, and military intelligence agencies to escalate their electronic surveillance of “domestic security threats” in the face of supposed threats from Communist-led youth agitators and antiwar groups (see June 5, 1970). The plan would also authorize the surreptitious reading of private mail, lift restrictions against surreptitious entries or break-ins to gather information, plant informants on college campuses, and create a new, White House-based “Interagency Group on Domestic Intelligence and Internal Security.” Huston’s Top Secret memo warns that parts of the plan are “clearly illegal.” Nixon approves the plan, but rejects one element—that he personally authorize any break-ins. Nixon orders that all information and operations to be undertaken under the new plan be channeled through his chief of staff, H. R. Haldeman, with Nixon deliberately being left out of the loop. The first operations to be undertaken are using the Internal Revenue Service to harass left-wing think tanks and charitable organizations such as the Brookings Institution and the Ford Foundation. Huston writes that “[m]aking sensitive political inquiries at the IRS is about as safe a procedure as trusting a whore,” since the administration has no “reliable political friends at IRS.” He adds, “We won’t be in control of the government and in a position of effective leverage until such time as we have complete and total control of the top three slots of the IRS.” Huston suggests breaking into the Brookings Institute to find “the classified material which they have stashed over there,” adding: “There are a number of ways we could handle this. There are risks in all of them, of course; but there are also risks in allowing a government-in-exile to grow increasingly arrogant and powerful as each day goes by.” [Reeves, 2001, pp. 235-236] In 2007, author James Reston Jr. will call the Huston plan “arguably the most anti-democratic document in American history… a blueprint to undermine the fundamental right of dissent and free speech in America.” [Reston, 2007, pp. 102]

Entity Tags: US Department of Defense, National Security Agency, Richard M. Nixon, Brookings Institution, Central Intelligence Agency, Federal Bureau of Investigation, Ford Foundation, Internal Revenue Service, Tom Charles Huston, James Reston, Jr

Timeline Tags: Nixon and Watergate

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms, Privacy, Expansion of Presidential Power, Government Acting in Secret, Other Surveillance

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Category Tags: Impositions on Rights and Freedoms, Government Acting in Secret, Other Surveillance

Press reports and freedom of information advocates expose details regarding the government’s secret plans to censor public information in the event of a national emergency or war. In the event of a declared emergency, the Office of Censorship, led by a 26-member board of “executive reservists,” would be in charge of restricting virtually all public information. The unit was established in 1949 as a reincarnation of a censorship office created during World War II (see 1949). The board was apparently put in place to oversee the unit in 1958 (see 1958). The unit is currently being operated out of the Office of Emergency Preparedness. In an article published in the Prescott Courier, Sam Archibald, director of the Freedom of Information Center, writes, “The government has set up a ‘Stand-by Voluntary Censorship Code’ and has planned all the bureaucratic trappings necessary to enforce the code.” Archibald says the plan would “become effective either in wartime or in some undefined ‘national emergency.’” The plans, he writes, are ready to be applied in “all kinds of less than war situations.” In the event of a crisis, members of the standby censorship office would be dispatched throughout the country to monitor and censor all channels of communication, from private letters and telephone calls to public radio and television broadcasts. According to Archibald, only five of the 26 board members are working newsmen. “The rest are public relations men, businessmen, government employees, college professors, or are listed merely as ‘retired.’” CBS executive Theodore F. Koop, who served as deputy director of the Office of Censorship during World War II, is revealed as the head of board. Archibald reports that Koop took up the position in the mid-1960s. Later reports will suggest President Eisenhower appointed Koop to head the censorship board in 1958 (see 1958). [Prescott Courier, 10/1/1970; New York Times, 10/9/1970; St. Petersburg Times, 10/25/1970; Carpenter, 1995]

Entity Tags: Office of Emergency Preparedness (1968-1973), Freedom of Information Center, Office of Censorship, Sam Archibald, Theodore F. Koop

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

In the wake of reports exposing government plans to censor public information in the event of a crisis (see October 1970), the Nixon administration changes the title of the secretive Office of Censorship to the Wartime Information Security Program (WISP). The WISP agency is run out of the Office of Emergency Preparedness (OEP), which is responsible for the highly classified Continuity of Government (COG) program (see October 21, 1968). The number of board members within the WISP unit, originally set at 26 (see 1958), is scaled down to just eight. The agency maintains the same basic objective of censoring public information in the event of a crisis. Author Ted Galen Carpenter will later report that “virtually nothing” changes in regards to the censorship plans. In the event of a national emergency, “press censorship would go into effect and several thousand ‘executive reservists’ would report to locations across the country to censor all mail, cables, telephone calls, and other communications (including press dispatches) entering or leaving the United States.” Under the WISP program, the government would not only censor information that may help an enemy, but also any data that “might adversely affect any policy of the United States.” Time magazine will later summarize, “Press reports in 1970 exposed the existence of a standby national censor and led to the formal dissolution of the censorship unit, but its duties were discreetly reassigned to yet another part of what an internal memo refers to as the ‘shadow’ government.” [Time, 8/10/1992; Carpenter, 1995, pp. 114]

Entity Tags: Office of Censorship, Nixon administration, Wartime Information Security Program, Office of Emergency Preparedness (1968-1973)

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

Congress revokes emergency detention provisions within the 1950 Subversive Activity Control Act in an attempt to ban the FBI’s controversial “Security Index” program. The decades-old Security Index lists thousands of citizens that are to be targeted for surveillance and/or detention in the event of a national emergency or war (see Early 1943-1971 and 1943). The FBI will still maintain the list in anticipation of the program’s reactivation. The FBI and the Justice Department will evade the Congressional ban by allowing the FBI to reestablish the list under a new name in late 1971 (see Late 1971). [New York Times, 8/3/1975]

Entity Tags: Federal Bureau of Investigation

Category Tags: Impositions on Rights and Freedoms, Detainments in US

California Governor Ronald Reagan establishes the California Specialized Training Institute (CSTI) to oversee disaster training and exercises for the state. The CSTI, which will serve as a branch of the governor’s Office of Emergency Services, will prepare emergency personnel for a variety of scenarios ranging from terrorist attacks, to environmental hazards, to civil disturbances. The creation of the institute was recommended by participants in the exercises Cable Splicer II and Cable Splicer III (see March 1969 and May 1970). The facility, built with a $425,000 grant from the Federal Law Enforcement Assistance Administration, is meant to duplicate the functions of the Senior Officers Civil Disturbance Course (SEADOC) in Fort Gordon, Georgia. The CSTI will be criticized for training police officers to use military-style tactics in domestic law enforcement situations. It will teach a controversial program known as the Civil Emergency Management Course (see September 1971). Reagan appoints Louis O. Giuffrida, a US Army colonel, to head the CSTI. A year earlier, Giuffrida wrote a paper advocating martial law and the emergency roundup of 21 million “American Negroes” to “assembly centers or relocation camps” in the event of a militant uprising by African Americans (see 1970). Giuffrida will later be appointed to head the Federal Emergency Management Agency (FEMA) during Reagan’s presidency (see May 18, 1981). [New Times, 11/28/1975; California Specialized Training Institute, 11/28/1975 pdf file; Reynolds, 1990]

Entity Tags: Louis Giuffrida, Federal Law Enforcement Assistance Administration, Senior Officers Civil Disturbance Course, California Specialized Training Institute, Ronald Reagan

Category Tags: Impositions on Rights and Freedoms

The Senate Subcommittee on Constitutional Rights, chaired by Senator Sam Ervin, uncovers the existence of a sophisticated computer system used by the Department of Defense to monitor US citizens suspected of “subversive” activities. The system is operated from the military’s “domestic war room,” overseen by the Directorate of Civil Disturbance and Planning Operations in the basement of the Pentagon (see April 1968). It is designed to keep track of “all public outbursts and political dissent” inside the United States. The Senate subcommittee uncovers a database of thousands of US citizens labeled as possible threats to national security. According to New Times magazine, the subcommittee discovers “computerized files on 18,000 of the celebrated to obscure, on people such as Senator George McGovern and former Massachusetts Gov. Francis Sargent down to ordinary citizens who had, sometimes unknowingly, become ‘associated with known militant groups.’” [New Times, 11/28/1975]

Entity Tags: Senate Subcommittee on Constitutional Rights, Directorate of Civil Disturbance and Planning Operations, George S. McGovern, Francis Sargent, US Department of Defense, Sam Ervin

Category Tags: Impositions on Rights and Freedoms, Privacy, Continuity of Government, Database Programs

Documents from the FBI describing extensive domestic surveillance of college students, minorities, and war protesters are anonymously mailed to several major newspapers and members of Congress. The records are sent to the New York Times, the Washington Post, the Los Angeles Times, Senator George S. McGovern (D-SD), and Representative Parren J. Mitchell (D-MD). According to the New York Times, “The documents suggest that FBI surveillance of dissenters on the political left has been far more extensive than was generally known.” The papers “show that the subjects of inquiries include obscure persons marginally suspected of illegal activity.” The files describe attempts to infiltrate colleges, student unions, minority groups, and political organizations. According to the documents, the FBI is under orders to investigate all students, teachers, and scientists that travel to the Soviet Union. The documents show that the FBI has gone as far as investigating a Boy Scout trip to the Soviet Union. The papers also reveal that the FBI is under orders to monitor all student groups that are “organized to project the demands of black students.” The files also state that FBI Director J. Edgar Hoover approved plans for the recruitment of informants as young as 18 years old. [New York Times, 3/25/1971]

Entity Tags: Parren Mitchell, Washington Post, Los Angeles Times, Federal Bureau of Investigation, George S. McGovern, J. Edgar Hoover, New York Times

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms, Government Acting in Secret, Other Surveillance

The Supreme Court rules 6-3 not to permanently enjoin the New York Times and other press organs from publishing articles derived from the Pentagon Papers (see June 26, 1971). Three justices, William O. Douglas, Hugo Black, and Thurgood Marshall, insist that the government can never suppress the publication of information no matter what the threat to national security; the other three in the majority, Potter Stewart, Byron White, and William Brennan, use a more moderate “common sense” standard that says, though the government can suppress publication of sensitive information under circumstances of war or national emergency, this case did not meet the criteria for such suppression. Chief Justice Warren Burger is joined by Harry Blackmun and John Harlan in dissenting; they believe that the president has the unrestrained authority to prevent confidential materials affecting foreign policy from being published. The Times’s lawyer says that the ruling will help ensure that a federal court will not issue a restraining order against a news outlet simply because the government is unhappy with the publication of a particular article. [Herda, 1994]

Entity Tags: Thurgood Marshall, Harry Blackmun, Byron White, Hugo Black, John Harlan, New York Times, Potter Stewart, William O. Douglas, Warren Burger, William Brennan, US Supreme Court

Timeline Tags: Nixon and Watergate

Category Tags: Impositions on Rights and Freedoms, Court Procedures and Verdicts, Government Classification

The California Specialized Training Institute (CSTI) begins teaching a program known as the Civil Emergency Management Course. The course teaches a variety of controversial methods for dealing with public uprisings and civil unrest. According to New Times magazine, techniques taught include “press manipulation, computerized radical spotting, logistical support from other agencies, [and] martial rule.” The program will be attended by thousands of “officials from the National Guard, the Army, local police forces, fire services, city government, courts, legislatures, utilities, prisons, and private corporations.” It involves three days of training, followed by a day-long exercise, a critique of the exercise, and another work session. A final day is “highlighted by discussion of ‘reduced lethality weapons’ and student movement infiltrators.” [New Times, 11/28/1975]

Entity Tags: California Specialized Training Institute

Category Tags: Impositions on Rights and Freedoms

The FBI, acting against the will of Congress, maintains a secret list of citizens to be monitored and/or detained in the event of a national emergency. Congress recently attempted to ban the FBI’s secret “Security Index” by revoking the Emergency Detention Act of the 1950 Subversive Activity Control Act (see 1971). The FBI, in an apparent attempt to subvert the repeal, changes the title of the detention list to the “Administrative Index,” or “ADEX” for short. A source from the FBI will say the change is in “name only.” Another FBI official acknowledges that the new index could be “interpreted as a means to circumvent [the] repeal of the Emergency Detention Act.” The Justice Department secretly decides that Congress has not restricted the FBI’s authority. In a memo to J. Edgar Hoover, Attorney General John N. Mitchell says the repeal by Congress does “not alter or limit” the FBI’s authority to “record, file, and index” names of purportedly subversive individuals. According to Mitchell, the FBI maintains plans for a national emergency that are “prepared on the basis of authority other than” the provisions revoked by Congress. The Senate Select Committee on Intelligence will later report that the FBI “continued to evade the will of Congress, partly with Justice Department approval, by maintaining a secret administrative index of suspects for round-up in case of a national emergency.” The FBI will maintian control of the list until 1985, when it will be transferred to FEMA (see Late 1971-1985 and 1985). [Associated Press, 12/18/1975; New York Times, 4/29/1976; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 542-548; Chicago Tribune, 3/2/1986]

Entity Tags: John Mitchell, J. Edgar Hoover, Senate Intelligence Committee, Federal Bureau of Investigation

Category Tags: Impositions on Rights and Freedoms, Detainments in US

The FBI maintains a list of individuals to be closely monitored and possibly detained in the event of a national emergency. The list, known as the Administrative Index, or “ADEX,” is a continuation of the FBI’s Security Index, which was banned by Congress in 1971 (see 1971 and Late 1971). FBI Director Clarence M. Kelley says the index is a “readily available and up-to-date list of individuals deemed dangerous to the internal security and who would be afforded priority investigative coverage in the event of a national emergency.” The list is updated monthly and contains thousands of names of dissidents, anti-war protesters, and others considered to be potential risks in times of emergency. Sources tell the New York Times the index lists background information, history, and “nationalistic tendencies” of each subject. Kelley assures members of Congress that the list includes “only those individuals who pose a realistic, direct, and current danger to the national security.” The Senate Select Committee on Intelligence reports in April 1976 that the FBI abolished the index, but reports will later claim that the list is kept by the FBI well into the 1980s and transferred to the Federal Emergency Management Agency in 1985 (see 1985). [New York Times, 10/25/1975; Associated Press, 12/18/1975; Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, 5/1976, pp. 542-548]

Entity Tags: Clarence M. Kelley, Federal Bureau of Investigation, Senate Intelligence Committee

Category Tags: Impositions on Rights and Freedoms, Detainments in US

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Category Tags: Court Procedures and Verdicts, Impositions on Rights and Freedoms, Government Acting in Secret, Other Surveillance, NSA Wiretapping / Stellar Wind

Representative William S. Moorhead (D-PA) publicly criticizes a secret government contingency plan to censor public information in the event of a national emergency or war. Moorhead claims he has obtained a copy of the plan as part of an investigation by the House Foreign Operations and Government Information Subcommittee. His primary concern is that the censorship plans could be implemented in the event of a “limited war,” such as the conflict in Vietnam. According to Moorhead, representatives of the Office of Emergency Preparedness (OEP), which is responsible for managing the secret censorship program, testified to the committee that the plans were for use only in the event of nuclear attack within the United States. Moorhead, however, after reviewing the plans first-hand, says the program could be activated during “limited war or conflicts of the ‘brush fire’ type, in which United States forces are involved elsewhere in the world on land, sea, or in the air.” The plans would involve “opening mail, monitoring broadcasts, and questioning travelers entering the country.” Moorhead says James W. McCord Jr., who was arrested as part of the Watergate scandal (see June 17, 1972), was one of several individuals responsible for drafting the plans. Moorhead alleges McCord developed a “National Watchlist” as part of the program. [United Press International, 10/23/1972; United Press International, 10/23/1972]

Entity Tags: William Moorhead, House Foreign Operations and Government Information Subcommittee, Office of Emergency Preparedness (1968-1973), James McCord

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

CIA Counterintelligence Director James Angleton.CIA Counterintelligence Director James Angleton. [Source: CI Centre.com]CIA Director James Schlesinger orders an internal review of CIA surveillance operations against US citizens. The review finds dozens of instances of illegal CIA surveillance operations against US citizens dating back to the 1950s, including break-ins, wiretaps, and the surreptitious opening of personal mail. The earlier surveillance operations were not directly targeted at US citizens, but against “suspected foreign intelligence agents operating in the United States.” Schlesinger is disturbed to find that the CIA is currently mounting illegal surveillance operations against antiwar protesters, civil rights organizations, and political “enemies” of the Nixon administration. In the 1960s and early 1970s, CIA agents photographed participants in antiwar rallies and other demonstrations. The CIA also created a network of informants who were tasked to penetrate antiwar and civil rights groups and report back on their findings. At least one antiwar Congressman was placed under surveillance, and other members of Congress were included in the agency’s dossier of “dissident Americans.” As yet, neither Schlesinger nor his successor, current CIA Director William Colby, will be able to learn whether or not Schlesinger’s predecessor, Richard Helms, was asked by Nixon officials to perform such illegal surveillance, though both Schlesinger and Colby disapproved of the operations once they learned of them. Colby will privately inform the heads of the House and Senate Intelligence Committees of the domestic spying engaged in by his agency. The domestic spying program was headed by James Angleton, who is still serving as the CIA’s head of counterintelligence operations, one of the most powerful and secretive bureaus inside the agency. It is Angleton’s job to maintain the CIA’s “sources and methods of intelligence,” including the prevention of foreign “moles” from penetrating the CIA. But to use counterintelligence as a justification for the domestic spying program is wrong, several sources with first-hand knowledge of the program will say in 1974. “Look, that’s how it started,” says one. “They were looking for evidence of foreign involvement in the antiwar movement. But that’s not how it ended up. This just grew and mushroomed internally.” The source continues, speaking hypothetically: “Maybe they began with a check on [Jane] Fonda. They began to check on her friends. They’d see her at an antiwar rally and take photographs. I think this was going on even before the Huston plan” (see July 26-27, 1970 and December 21, 1974). “This wasn’t a series of isolated events. It was highly coordinated. People were targeted, information was collected on them, and it was all put on [computer] tape, just like the agency does with information about KGB agents. Every one of these acts was blatantly illegal.” Schlesinger begins a round of reforms in the CIA, a program continued by Colby. [New York Times, 12/22/1974 pdf file]

Entity Tags: William Colby, Senate Intelligence Committee, Richard Helms, James Angleton, Jane Fonda, Nixon administration, Central Intelligence Agency, James R. Schlesinger, House Intelligence Committee

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Foreign Intelligence Advisory Board

Timeline Tags: Nixon and Watergate

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

The House and Senate Appropriations Committees vote to cut funding for the Wartime Information Security Program (WISP), which is designed to censor public information in the event of a national emergency or war (see Late 1970-Early 1971 and October 22, 1972). By 1977, the last of the censorship units will reportedly be shut down, but information will later surface showing that the program is still in existence in 1983 (see September 21, 1983). [Ocala Star-Banner, 3/29/1986; Carpenter, 1995, pp. 114-115]

Entity Tags: Senate Appropriations Committee, Wartime Information Security Program

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

Representatives William Moorhead (D-PA) and Frank Horton (R-NY) cosponsor a series of amendments designed to improve the effectiveness of the 1966 Freedom of Information Act (FOIA). The law is designed to make it easier for journalists, researchers, and citizens to see government records, but in practice the law is cumbersome: agencies have little impetus to produce documents in a timely manner, charge exorbitant fees for searching and copying documents, and too often battle FOIA requests in court. With Watergate fresh in legislators’ minds, the amendments to FOIA are welcome changes. The amendments expand the federal agencies covered, and mandate expediting of document and record requests. But as the bill nears final passage, senior officials of the Ford White House are mobilizing to challenge it. The CIA, Defense and Treasury Departments, Civil Service, and many on President Ford’s staff, including Deputy Chief of Staff Dick Cheney, all urge a veto. Most bothersome is the provision that a court can review a federal decision not to release a document requested under FOIA. Ford will veto the bill, but Congress will override the vetoes (see November 20, 1974). [Dubose and Bernstein, 2006, pp. 29-30]

Entity Tags: William Moorhead, US Department of the Treasury, US Civil Service, Frank Horton, Ford administration, Central Intelligence Agency, US Department of Defense, Freedom of Information Act, Richard (“Dick”) Cheney, Gerald Rudolph Ford, Jr

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Other Legal Changes

1974 New York Times headline.1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 pdf file]

Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom

Timeline Tags: Nixon and Watergate

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

Testifying before the Rockefeller Commission on the CIA’s activities in the US, the CIA’s Assistant Deputy Director for Operations David Blee indicates the agency does not spy on Americans. “We have always said that we did not operate that way [spying on the US’s own citizens], but that we went about it much more inefficiently, which is by penetrating the foreign government or foreign subversive operation and finding if that led us to an American, rather than trying to see what Americans were doing, and seeing if they were in touch with those groups,” he tells the commission. “In this, we operate very differently from practically all of the other security and intelligence services, which typically watch their own citizens to see what they are doing.” [US Congress, 4/13/1976]

Entity Tags: ’Rockefeller Commission’, David Blee, Central Intelligence Agency

Timeline Tags: Misc Entries

Category Tags: Impositions on Rights and Freedoms, Government Acting in Secret, Other Surveillance

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice

Category Tags: Impositions on Rights and Freedoms, Expansion of Presidential Power, Government Acting in Secret, Government Classification, Other Surveillance

Senator John V. Tunney, chairman of the Subcommittee on Constitutional Rights, claims Mount Weather, a secret government facility located about 50 miles west of Washington, DC (see 1952-1958), has collected and stored data on at least 100,000 US citizens. During a Congressional hearing into reports of domestic surveillance, Tunney alleges, “computers—described as ‘the best in world’—can obtain millions of pieces of information on the personal lives of American citizens.” Mount Weather maintains a state-of-the-art surveillance system as part of the facility’s Civil Crisis Management program (see 1967-1976). General Robert T. Bray, who is called to testify at the hearing, refuses to answer repeated questions regarding the data collection programs. Bray says he is “not at liberty” to disclose “the role and the mission and the capability” at Mount Weather, “or any other precise location.” Mount Weather and nearly 100 other “Federal Relocation Centers” are considered a key aspect of the highly classified Continuity of Government (COG) program (see 1950-1962), which is designed to ensure the survival of the federal government in times of national emergency. Bray admits to committee members that Mount Weather stores data relating to “military installations, government facilities, communications, transportation, energy and power, agriculture, manufacturing, wholesale and retail services, manpower, financial, medical and educational institutions, sanitary facilities, population, housing shelter, and stockpiles.” Senator James Abourezk says, “the whole operation has eluded the supervision of either Congress or the courts.” Senator Tunney says Mount Weather is “out of control.” [Progressive, 3/1976]

Entity Tags: Senate Subcommittee on Constitutional Rights, James Abourezk, Mount Weather, John V. Tunney, Robert T. Bray

Category Tags: Impositions on Rights and Freedoms, Privacy, Expansion of Presidential Power, Continuity of Government, Government Acting in Secret, Database Programs, Other Surveillance

Representative Otis Pike.Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]

Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

The existence of Mount Weather, a secret underground government installation located about 50 miles west of Washington, DC (see 1950-1962), which houses a parallel executive branch that is prepared to take control of the country in the event of a national emergency, is revealed in an article published by The Progressive. According to the article, the secret government-in-waiting is part of the highly classified Continuity of Government (COG) program, which is meant to keep the government functioning in times of disaster. The backup executive branch at Mount Weather attempts to duplicate the functions of the federal government on a day-to-day basis. Should a catastrophe kill or incapacitate the nation’s leaders, the parallel branch will be ready to assume power and re-establish order. The secret government-in-waiting at Mount Weather includes the departments of State, Treasury, Commerce, Agriculture, Health, Interior, Labor, Transportation, and Housing and Urban Development. High-level government officials tell journalist Richard P. Pollock of The Progressive that each federal department at Mount Weather is headed by a single person. These officials form a parallel cabinet and are even referred to by subordinates as “Mr. Secretary.” These alternate cabinet members are appointed by the White House and serve indefinite terms. Many of the officials have held their positions through several administrations. There is also an Office of the Presidency at Mount Weather. According to The Progressive, the Federal Preparedness Agency (FPA) “apparently appoints a special staff to the presidential section, which regularly receives top-secret national security estimates and raw data from each of the federal departments and agencies.” The Progressive adds: “According to a source within the FPA, Mount Weather publishes its own independent reports and drafts its own evaluation of the policies and programs of the federal government. The underground installation also prints in-house reports on hundreds of national and regional topics, including the state of the nation’s economy, health, education, military preparedness, and political trends, the source said.” Pollock comments, “How can a parallel—even if dormant—government be constitutionally acceptable, if Congress has played no significant role in its formation and exercises no control over its day-to-day operations?” [Progressive, 3/1976]

Entity Tags: Federal Preparedness Agency, Mount Weather

Category Tags: Impositions on Rights and Freedoms, Expansion of Presidential Power, Continuity of Government, Government Acting in Secret

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]

Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission

Category Tags: Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Category Tags: Other Legal Changes, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, NSA Wiretapping / Stellar Wind, Other Surveillance

President Jimmy Carter.President Jimmy Carter. [Source: The Sietch.org]President Jimmy Carter issues Executive Order 12036, in effect banning domestic surveillance by the CIA and other US intelligence agencies. Carter writes, “No agency within the Intelligence Community shall engage in any electronic surveillance directed against a United States person abroad or designed to intercept a communication sent from, or intended for receipt within, the United States except as permitted by the procedures established pursuant to section 2-201.” That exception allows for the surveillance of US citizens in the case of acquiring “[i]nformation about the capabilities, intentions and activities of foreign powers, organizations, or persons and their agents…. The measures employed to acquire such information should be responsive to legitimate governmental needs and must be conducted in a manner that preserves and respects established concepts of privacy and civil liberties.” The order also flatly prohibits any assassinations by government officials, saying, “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.… No agency of the Intelligence Community shall request or otherwise encourage, directly or indirectly, any person, organization, or government agency to undertake activities forbidden by this order or by applicable law.” [White House, 1/24/1978]

Entity Tags: James Earl “Jimmy” Carter, Jr., Central Intelligence Agency

Category Tags: Other Legal Changes, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, NSA Wiretapping / Stellar Wind, Other Surveillance

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Category Tags: Other Legal Changes, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, Other Surveillance

Lieutenant Colonel Oliver North uses a sophisticated brand of software known as PROMIS to track potential security threats in the United States. Intelligence officials will later tell Wired magazine that North has a command center connected to a larger Justice Department facility utilizing the software. “According to both a contractor who helped design the center and information disclosed during the Iran-Contra hearings,” North maintains a “similar, but smaller, White House operations room… connected by computer link to the [Justice Department]‘s command center.” According to Wired, North uses computers in his operations center to track “dissidents and potential troublemakers within the United States as part of a domestic emergency preparedness program.” North is assigned to work with FEMA on the secretive Continuity of Government (COG) program from 1982 to 1984 (see 1982-1984). Wired will later report, “Using PROMIS, sources point out, North could have drawn up lists of anyone ever arrested for a political protest, for example, or anyone who had ever refused to pay their taxes.” Compared to PROMIS, Wired notes, “Richard Nixon’s enemies list or Sen. Joe McCarthy’s blacklist look downright crude.” [Wired News, 3/1993]

Entity Tags: US Department of Justice, Oliver North

Timeline Tags: Inslaw and PROMIS

Category Tags: Impositions on Rights and Freedoms, Continuity of Government, Database Programs

Michael Barnes.Michael Barnes. [Source: Covington and Burling]Representative Michael Barnes (D-MD) is targeted by the NSA’s Echelon satellite surveillance program on orders from Reagan administration officials. Barnes, an outspoken opponent of Reagan’s Central American policies, had phone conversations with Nicaraguan officials intercepted and recorded, including one conversation between Barnes and the foreign minister of Nicaragua. Barnes learns of the surveillance after White House officials, apparently attempting to discredit Barnes, leaks transcripts of the taped conversations to reporters. CIA director William Casey shows Barnes a Nicaraguan embassy cable reporting a meeting between embassy staff and one of Barnes’s aides; Casey demands that Barnes fire the aide. Barnes refuses, noting that the aide had visited the embassy on legitimate business concerning international affairs. Barnes will say in 1995, “I was aware that NSA monitored international calls, that it was a standard part of intelligence gathering. But to use it for domestic political purposes is absolutely outrageous and probably illegal.” Former senator Dennis DeConcini (R-AZ) says he worries about the NSA spying on US citizens: “It has always worried me. What if that is used on American citizens? It is chilling. Are they listening to my private conversations on my telephone?” [Patrick S. Poole, 8/15/2000]

Entity Tags: Michael D. Barnes, Reagan administration, William Casey, National Security Agency, Dennis DeConcini, Echelon

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, NSA Wiretapping / Stellar Wind

Members of the Reagan administration run a secret shadow government that operates outside of official channels and circumvents Congressional oversight. The Miami Herald reports in July 1987: “Some of President Reagan’s top advisers have operated a virtual parallel government outside the traditional cabinet departments and agencies almost from the day Reagan took office, Congressional investigators and administration officials have concluded.” Figures involved in the secret structure include Lieutenant Colonel Oliver North, National Security Adviser William Clark, CIA Director William Casey, and Attorney General Edwin Meese. Secret contacts throughout the government act on the advisers’ behalf, but do not officially report to them. The group is reportedly involved in arming the Nicaraguan rebels, the leaking of information to news agencies for propaganda purposes, the drafting of martial law plans for national emergencies, and the monitoring of US citizens considered potential security risks. The secret parallel government is tied to the highly classified Continuity of Government (COG) program, originally designed to keep the government functioning in times of disaster. From 1983 to 1986, North reportedly leads the parallel structure from his office in the Old Executive Office Building across from the White House. Sources tell the Miami Herald that North’s influence within the shadow government is so great that he can alter the orbits of surveillance satellites to monitor Soviet activity, launch spy aircraft over Cuba and Nicaragua, and “become involved in sensitive domestic activities,” which apparently include monitoring US citizens with sophisticated surveillance software (see 1980s). The existence of the secret structure is uncovered during investigations into the Iran-Contra affair, but the details of the shadow government are never fully disclosed. During the hearings, Representative Jack Brooks (D-TX) is prevented from questioning North regarding his involvement (see 1987). In a secret memo to the chairmen of the Iran-Contra committee, Arthur Liman, chief counsel to the panel, writes that behind the arms scandal is a “whole secret government-within-a-government, operated from the [Executive Office Building] by a lieutenant colonel, with its own army, air force, diplomatic agents, intelligence operatives, and appropriations capacity.” Some officials interviewed by the Miami Herald believe the group of advisers first formed during the late stages of Reagan’s 1980 presidential campaign (see October 1980). [Miami Herald, 7/5/1987]

Entity Tags: William Casey, William Clark, Arthur Liman, Edwin Meese, Jack Brooks, Reagan administration, Oliver North

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government, Government Acting in Secret

Louis O. Giuffrida is confirmed by the Senate to become the next director of the Federal Emergency Management Agency (FEMA). Guiffrida, who was recently promoted to the rank of general in the California National Guard, served under President Reagan when Reagan was governor of California. Giuffrida headed the California Specialized Training Institute (CSTI) (see 1971) and was an “adviser on terrorism, emergency management, and other special topics.” According to Reagan, Giuffrida has a “lengthy career as a military and civilian expert in crime prevention and investigation, industrial defense, physical security, civil disturbances and disasters, confinement, and rehabilitation responsibilities.” [Nomination of Louis O. Giuffrida To Be Director of the Federal Emergency Management Agency, 2/24/1981; Bumgarner, 1/18/2008, pp. 142] Giuffrida wrote a paper while at the US Army War College advocating martial law and the emergency roundup and detention of millions of “American Negroes” (see 1970). He will resign in 1985 amid allegations of corruption (see July 24, 1985).

Entity Tags: Ronald Reagan, Federal Emergency Management Agency, Louis Giuffrida

Category Tags: Impositions on Rights and Freedoms

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 pdf file]

Entity Tags: Ronald Reagan, George W. Bush, National Security Letters, Bush administration (43)

Category Tags: Other Legal Changes, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, National Security Letters, Other Surveillance

President Reagan announces the creation of the Emergency Mobilization Preparedness Board (EMPB) “to improve mobilization capabilities and interagency cooperation within the federal government to respond to major peacetime or war-related emergencies.” The board will study emergency preparedness responsibilities and make policy suggestions to the president, the National Security Council (NSC), and the Federal Emergency Management Agency (FEMA). According to the White House, the new board consists of “representatives from 22 federal agencies at the deputy secretary or under secretary level, and is chaired by the assistant to the president for national security affairs.” A full-time secretariat, chaired by a senior official from FEMA, is to oversee the EMPB and the implementation of its recommendations. The board will consist of 11 separate working groups: industrial mobilization, military mobilization, food and agriculture, government operations, emergency communications, civil defense, social services, human resources, health, law enforcement and public safety, and economic stabilization and public finance. The EMPB will later be criticized for becoming overly powerful and militarizing the nation’s emergency management programs. National security affairs expert Diana Reynolds will later comment: “By forming the EMPB, Ronald Reagan made it possible for a small group of people, under the authority of the NSC, to wield enormous power. They, in turn, used this executive authority to change civil defense planning into a military/police version of civil security.” [White House, 12/29/1981; Reynolds, 1990]

Entity Tags: Federal Emergency Management Agency, Emergency Mobilization Preparedness Board, Ronald Reagan, National Security Council

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

Lieutenant Colonel Oliver North works with the Federal Emergency Management Agency (FEMA) to develop plans for implementing martial law in the event of a national emergency. The plans are developed under the highly classified Continuity of Government (COG) program, which is designed to ensure the survival of the federal government in times of disaster. As a member of the National Security Council (NSC), North is assigned to the Emergency Mobilization Preparedness Board (EMPB), formed by President Reagan to coordinate civil defense planning among the NSC, FEMA, and White House (see December 29. 1981). According to the Miami Herald, the martial law plans would “suspend the Constitution in the event of a national crisis, such as nuclear war, violent and widespread internal dissent, or national opposition to a US military invasion abroad.” Sources will claim North is involved in a major domestic surveillance operation as part of the COG program (see 1980s and 1980s or Before). During investigations into the Iran-Contra affair, Representative Jack Brooks (D-TX) will be barred from asking North about his involvement with the plans and the secret program (see 1987). [Miami Herald, 7/5/1987; Reynolds, 1990; Radar, 5/2008]

Entity Tags: Emergency Mobilization Preparedness Board, National Security Council, Federal Emergency Management Agency, Oliver North, Jack Brooks

Timeline Tags: Inslaw and PROMIS

Category Tags: Impositions on Rights and Freedoms, Continuity of Government, Database Programs

John Brinkeroff, deputy for national preparedness programs at the Federal Emergency Management Agency (FEMA), outlines plans for implementing martial law in the event of a national emergency. In a memorandum later obtained by the Miami Herald, Brinkeroff describes how FEMA and the military would take over the country in the event of a crisis. According to the Herald, the plans include “suspension of the Constitution, turning control of the United States over to FEMA, appointment of military commanders to run state and local governments, and declaration of martial law during a national crisis.” Although the term “national crisis” is not defined, the Herald will later report that it is understood to mean anything from nuclear war to “violent and widespread internal dissent or national opposition against a military invasion abroad.” A source will tell the Herald the contingency plan is authorized by an “executive order or legislative package that [President] Reagan would sign and hold within the NSC [National Security Council] until a severe crisis arose.” This may refer to emergency legislation drafted by the Reagan administration to amend the 1950 Defense Resources Act (see September 25, 1984) and proposed updates to Executive Order 11490 (see August 2, 1984). The Brinkeroff memo resembles a paper written in 1970 by the current head of FEMA, Louis O. Giuffrida, in which he advocated the roundup and transfer of at least 21 million “American Negroes” to “assembly centers or relocation camps” in the event of an emergency (see 1970). [Miami Herald, 7/5/1987]

Entity Tags: Louis Giuffrida, Federal Emergency Management Agency, John Brinkeroff, National Security Council, Reagan administration

Category Tags: Impositions on Rights and Freedoms, Detainments in US, Continuity of Government, Government Acting in Secret

Despite reports alleging the Wartime Information Security Program (WISP) has been shut down, an internal Pentagon memo reveals it is still in existence. The program, which is currently being run out of the Federal Emergency Management Agency (FEMA), is designed to censor public information in the event of a national emergency or war. It was supposedly shut down after Congress cut off funding for WISP in 1974 (see 1974). The recent memo, however, summarizes the WISP’s current objectives: “The National WISP provides for the control and examination of communications entering, leaving, transiting, or touching the borders of the United States, and voluntary withholding from publication, by the domestic public media industries, of military and other information which should not be released in the interest of the safety and defense of the United States and its allies.” Investigative columnist Jack Anderson will later report: “There has been no Congressional funding for work on the censorship program since 1974, but the Pentagon directive is still in effect. So, too, is Executive Order 11490, which outlines each federal agency’s responsibilities in time of ‘severe emergency.’” Anderson will add that FEMA has drafted “standby” legislation to activate the censorship plans “whenever the president shall deem that the public safety demands it.” [Ocala Star-Banner, 3/29/1986]

Entity Tags: Wartime Information Security Program, Federal Emergency Management Agency

Category Tags: Impositions on Rights and Freedoms, Media Freedoms, Continuity of Government

The Federal Emergency Management Agency (FEMA), in coordination with 34 other federal departments and agencies, conducts a large-scale “civil readiness” exercise to test the government’s response procedures for national emergencies. Readiness Exercise 84, dubbed Rex-84 for short, consists of two separate parts, Alpha and Bravo, both of which are conducted in conjunction with a Joint Chiefs exercise known as Night Train 84. Rex-84 Bravo focuses on potential “civil disturbances, major demonstrations, and strikes that would affect continuity of government and/or resource mobilization.” During the exercise, the government practices plans for imposing martial law, deploying military forces in US cities, and arresting civilians considered threats to national security. [Bradlee, 6/30/1988, pp. 133-135; Reynolds, 1990]

Entity Tags: Federal Emergency Management Agency

Category Tags: Impositions on Rights and Freedoms, Detainments in US, Continuity of Government

In a letter to National Security Adviser Robert McFarlane, Attorney General William French Smith strongly objects to martial law plans developed by the National Security Council and the Federal Emergency Management Agency (FEMA). Smith learns the full extent of the plans upon reviewing a proposal by the Reagan administration to change Executive Order 11490 (see October 28, 1969). The Reagan administration is holding the drafted changes, along with standby legislation to amend the 1950 Defense Resources Act (see September 25, 1984), in preparation for any emergency that may require a military-style takeover of the nation’s resources and population. The plans cover a range of crisis situations, including a nuclear attack, natural disasters, and civil unrest. Smith writes: “I believe that the draft executive order raises serious substantive and public policy issues that should be further addressed before this proposal is submitted to the president. In short I believe that the role assigned to the Federal Emergency Management Agency (FEMA) on the revised executive order exceeds its proper function as a coordinating agency for emergency preparedness.” Smith continues: “This department and others have repeatedly raised serious policy and legal objections to the creation of an ‘emergency czar’ role for FEMA. Specific policy concerns regarding recent FEMA initiatives include the abandonment of the principle of ‘several’ agency responsibility and the expansion of the definition of severe emergencies to encompass ‘routine’ domestic law enforcement emergencies. Legal objections relate to the absence of presidential or Congressional authorization for unilateral FEMA directives which seek to establish new federal government management structures or otherwise task cabinet departments and other federal agencies.” Despite the objections of the Justice Department, FEMA and the Reagan administration will not abandon the emergency doctrine. Before leaving office, Reagan will dramatically expand the government’s emergency powers and officially override Executive Order 11490 with Executive Order 12656 (see November 18, 1988). [Miami Herald, 7/5/1987; Reynolds, 1990]

Entity Tags: National Security Council, Federal Emergency Management Agency, Reagan administration, Robert C. McFarlane, William French Smith

Category Tags: Impositions on Rights and Freedoms, Continuity of Government, Government Acting in Secret

The Reagan administration prepares a reserve emergency bill to amend the 1950 Defense Resources Act. The legislation, which would be presented to Congress in the event of a crisis, would suspend the Constitution and give the president and the Federal Emergency Management Agency (FEMA) unprecedented powers to combat a disaster. Nationally syndicated columnist Jack Anderson comments, “Since FEMA’s draft legislation is a standby proposal, it will not be offered to Congress ahead of time—when it could be thoroughly debated—but only in the event of a national emergency, when Congress would supposedly be panicked into voting for a dictatorship.” The bill covers a range of emergencies, including nuclear war, natural disasters, financial crises, and civil disturbances. It would grant the government the authority to ration goods and resources, take control of the nation’s manufacturing base, and require all citizens to work in “activities essential to the national health, safety, or interest.” The bill would outlaw striking by workers, and those refusing to work or caught lying about the availability of manpower would be heavily fined or thrown in jail. It would grant the government the authority to seize real estate and personal property considered “necessary for the national defense purpose.” Datamation magazine says the plans would lead to a military takeover of the computer industry. The bill would give the government “unlimited powers to seize computers and plants of high-technology industries and would establish an Office of Censorship to control telecommunications leaving the United States, making it a crime for companies to use secret codes.” [Ledger (Lakeland FL), 9/25/1984; Evening Independent, 10/17/1984]

Entity Tags: Federal Emergency Management Agency, Reagan administration, Office of Censorship

Category Tags: Freedom of Speech / Religion, Impositions on Rights and Freedoms, Media Freedoms, Privacy, Continuity of Government

The FBI Administrative Index, known as ADEX for short (see Late 1971-1985), is transferred to the Federal Emergency Management Agency (FEMA). The index contains the names and background information of approximately 12,000 individuals considered to be potential threats in times of crisis. Citizens on the list are to be closely monitored and/or detained in the event of a national emergency. Documents later obtained by the Austin American-Statesman will reveal an internal struggle between FBI Director William Webster, who recommends the FBI maintain control of the list, and Attorney General Edwin Meese, who, along with Reagan adviser Robert McFarlane, demands the list be handed over to FEMA. The list ultimately ends up under the control of FEMA. [Texas Observer, 5/15/1987]

Entity Tags: Federal Bureau of Investigation, Federal Emergency Management Agency

Category Tags: Impositions on Rights and Freedoms, Detainments in US

1986: Leaker Prosecuted for Espionage

Samuel Loring Morison is prosecuted by the Justice Department for providing classified pictures of a Soviet nuclear-powered aircraft carrier to Jane’s Defense magazine. Morison, a naval intelligence analyst specializing in Soviet amphibious and mine-laying vessels, works part time for Jane’s, and has been warned about potential conflicts of interest. Part of Morison’s motives for passing classified information to the magazine is his belief that the US citizenry, if they knew about the carrier, would demand to “increase the defense budget.” Even though the Justice Department itself acknowledges that Morison did nothing to threaten national security, it successfully prosecutes him under the 1917 Espionage Act. Morison will serve a two-year prison sentence.
Commentary - Former Nixon White House aide John Dean will write in 2004 that if the same standard used to prosecute Morison were to be more widely applied, “several presidents and secretaries of state could have been prosecuted for information in their memoirs.” Before Morison, no one had ever been prosecuted for publishing leaked information. In Dean’s view, Morison is prosecuted under a standard more appropriate to Britain’s Official Secrets Act, not any applicable US law, and is a victim of the worst kind of selective law enforcement. Thirty-four amicus curiae briefs will be filed on Morison’s behalf, from a host of newspapers, television news networks, and news media trade and professional associations.
Pardon - In 1998, Senator Daniel Moynihan (D-NY) will call Morison’s conviction an “anomaly,” the only one of its kind in 81 years, and ask President Clinton to pardon Morison. He will write, “What is remarkable is not the crime, but that [Morison] is the only one convicted of an activity which has become a routine aspect of government life: leaking information to the press in order to bring pressure to bear on a policy question.” Clinton will grant the pardon in 2001. [Daniel Patrick Moynihan, 9/29/1998; Research Foundation of the University of Texas A&M, 1/21/2003; Dean, 2004, pp. 66-67, 221]

Entity Tags: William Jefferson (“Bill”) Clinton, Official Secrets Act, John Dean, Daniel Patrick Moynihan, Espionage Act, Jane’s Defense, Samuel Loring Morison, US Department of Justice

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Classification, Media Involvement and Responses

US Representative Henry B. Gonzalez (D-TX) claims the Federal Emergency Management Agency (FEMA) is prepared to detain 400,000 Central Americans residing in the United States in the event of an emergency. According to the Texas Observer, Gonzalez says reliable intelligence sources have informed him that the plan, if implemented, would also include a certain number of US citizens, noting that the agency maintains a list of “subversive” individuals to be monitored and/or apprehended in the event of a national emergency, a possible reference to the FBI’s Administration Index (see 1985). [Texas Observer, 5/15/1987; Miami Herald, 7/5/1987]

Entity Tags: Henry Gonzalez, Federal Bureau of Investigation, Federal Emergency Management Agency

Category Tags: Impositions on Rights and Freedoms, Detainments in US, Continuity of Government, Database Programs

Campaigning on behalf of conservative Republican candidates in an attempt to have the GOP retain control of the Senate, Ronald Reagan goes on a campaign tour of the South, where he alludes to Republicans’ plans for exerting control of the nation’s court system. Typical of Reagan’s stump speech is the following one he delivers on behalf of embattled Republican incumbent James Broyhill: “Since I’ve been appointing federal judges to be approved by people like Jim Broyhill in the Republican Senate, the federal judiciary has become tougher, much tougher, on criminals. Criminals are going to jail more often and receiving longer sentences. Over and over the Democratic leadership has tried in the Senate to torpedo our choices for judges. And that’s where Jim Broyhill can make all the difference. Without him and the Republican majority in the Senate, we’ll find liberals like Joe Biden and a certain fellow from Massachusetts deciding who our judges are. And I’ll bet you’ll agree; I’d rather have a Judiciary Committee headed by Strom Thurmond than one run by Joe Biden or Ted Kennedy.” Broyhill will be defeated, and Democrats will regain control of the Senate in spite of Reagan’s efforts, in large part because of Southern blacks offended by such speeches. The new Democratic leadership, responding to the voters, will help block the racially questionable Robert Bork’s nomination to the Supreme Court (see July 1-October 23, 1987). [Dean, 2007, pp. 140]

Entity Tags: Joseph Biden, Edward M. (“Ted”) Kennedy, Ronald Reagan, James Broyhill, Strom Thurmond, Senate Judiciary Committee

Category Tags: Impositions on Rights and Freedoms

Justice William Brennan.Justice William Brennan. [Source: University of Pennsylvania]Supreme Court Justice William Brennan, an Eisenhower appointee, writes that the behavior of the US during war is predictable: “After each perceived security crisis ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary. But it has proven unable to prevent itself from repeating the error when the next crisis came along.” [Dean, 2004, pp. 195]

Entity Tags: William Brennan

Category Tags: Impositions on Rights and Freedoms

Strom Thurmond.Strom Thurmond. [Source: US Government]Former Lockheed software manager Margaret Newsham, who worked at the Menwith Hill facility of the NSA’s Echelon satellite surveillance operation in 1979, says she heard a real-time phone intercept of conversations involving senator Strom Thurmond (R-SC). She was shocked, she recalls, because she thought only foreign communications were being monitored. Newsham, who was fired from Lockheed after she filed a whistleblower lawsuit alleging fraud and waste, tells the chairman of the House Intelligence Committee, Louis Stokes (D-OH), of the overheard conversations. In July, Capital Hill staffers will leak the story to the Cleveland Plain Dealer. Thurmond says he doesn’t believe Newsham’s story, but his office admits that it has previously received reports that Thurmond had been a target of NSA surveillance. Thurmond will decline to press for an investigation, and the reason for the surveillance has never been revealed. [CBS News, 2/27/2000; Patrick S. Poole, 8/15/2000]

Entity Tags: Strom Thurmond, National Security Agency, House Intelligence Committee, Louis Stokes, Echelon, Cleveland Plain Dealer, Lockheed Martin Corporation, Margaret Newsham

Category Tags: Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, Government Classification, NSA Wiretapping / Stellar Wind

Erwin Griswold.Erwin Griswold. [Source: US Department of Justice]Former Solicitor General Erwin Griswold, who represented the United States before the Supreme Court in the landmark Pentagon Papers case in 1971 (see March 1971 and June 30, 1971), now writes that he saw nothing in those documents that threatened national security. In 1971, without ever actually reading the documents, Griswold argued that their publication constituted a “grave and immediate danger to the security of the United States.” Griswold writes in a Washington Post op-ed that he relied on the judgment of “three high officials, one each from the Defense Department, the State Department and the National Security Agency” to explain to him why the documents posed such a threat. (In 2006, then-White House counsel John Dean will write that Griswold “did not insist on knowing what was actually contained in the Pentagon Papers, and he never found out, even as he insisted on the importance of their continued secrecy.”) In 1971, Griswold told the Court: “I haven’t the slightest doubt myself that the material which has already been published and the publication of the other materials affects American lives and is a thoroughly serious matter. I think to say that it can only be enjoined if there will be a war tomorrow morning, when there is a war now going on, is much too narrow.” Griswold now writes: “I have never seen any trace of a threat to the national security from the publication [of the documents]. Indeed, I have never seen it even suggested that there was such an actual threat.… It quickly becomes apparent to any person who has considerable experience with classified material that there is massive overclassification and that the principal concern of the classifiers is not with national security, but rather with governmental embarrassment of one sort or another.” [Washington Post, 2/15/1989; FindLaw, 6/16/2006; Siegel, 2008, pp. 200]

Entity Tags: US Department of Defense, Erwin Griswold, John Dean, US Department of State, National Security Agency, US Supreme Court

Timeline Tags: Nixon and Watergate

Category Tags: Impositions on Rights and Freedoms, Government Classification

As part of its ongoing battle against drug trafficking, the US routinely monitors the phone records of thousands of US citizens and others inside the country who make phone calls to Latin America. The NSA works with the Drug Enforcement Agency in collecting phone records that show patterns of calls between the US, Latin America, and other drug-producing regions. The program is significantly expanded after George W. Bush takes office in 2001. Government officials will say in 2007 that the phone conversations themselves are not monitored, but the NSA and DEA use phone numbers and e-mail addresses to analyze possible links between US citizens and foreign nationals. The program is approved by Justice Department officials in both the Bush and Clinton administrations, and does not require court approval to demand communications records. In 2004, one US telecommunications firm, who is not identified, will refuse to turn over its phone records to the government (see 2004). [New York Times, 12/16/2007] The Bush administration will repeatedly claim that the government did not begin monitoring US citizens until after the attacks of September 11, 2001. However, this NSA/DEA program proves otherwise.

Entity Tags: National Security Agency, Drug Enforcement Administration, George W. Bush, Clinton administration, US Department of Justice, Bush administration (41)

Category Tags: Impositions on Rights and Freedoms, Privacy, Government Acting in Secret, Government Classification, Other Surveillance

The Supreme Court, in the case of Austin v. Michigan Chamber of Commerce, rules that the Michigan Chamber of Commerce (MCC) cannot run newspaper advertisements in support of a candidate for the state legislature because the MCC is subject to the Michigan Campaign Finance Act, which prohibits corporations from using treasury money to support or oppose candidates running for state offices. The Court finds that corporations can use money only from funds specifically designated for political purposes. The MCC holds a political fund separate from its other monies, but wanted to use money from its general fund to buy political advertising, and sued for the right to do so. The case explored whether a Michigan law prohibiting such political expenditures is constitutional. The Court agrees 7-2 that it is constitutional. Justices Antonin Scalia and Anthony Kennedy dissent, arguing that the government should not require such “segregated” funds, but should allow corporations and other such entities to spend their money on political activities without such restraints. [Public Resource (.org), 1990; Casebriefs, 2012; Moneyocracy, 2/2012] The 2010 Citizens United ruling (see January 21, 2010) will overturn this decision, with Scalia and Kennedy voting in the majority, and Kennedy writing the majority opinion.

Entity Tags: Michigan Chamber of Commerce, Anthony Kennedy, Michigan Campaign Finance Act, US Supreme Court, Antonin Scalia

Category Tags: Campaign Finance, Impositions on Rights and Freedoms, Court Procedures and Verdicts

The Department of Defense updates its civil disturbance response plan, codenamed Operation Garden Plot. The program was originally established in the 1960s (see Winter 1967-1968). The Pentagon utilizes lessons learned from the recent deployment of Marines and Army infantry troops in Los Angeles (see May 1-May 6, 1992). Marines called into Los Angeles had not been trained for domestic disturbances. An Army official reportedly says the military will now “provide standard riot duty training for all combat forces that could be called into the nation’s cities.” National Guard troops will also get “refresher training on riot control as part of their regular weekend training and two weeks of active duty.” [San Antonio Express-News, 5/17/1992]

Entity Tags: US Marine Corps, US Department of Defense

Category Tags: Impositions on Rights and Freedoms

After two days of widespread rioting in the city of Los Angeles, Mayor Tom Bradley and Governor Pete Wilson ask the White House for military assistance to supplement the California National Guard. President George H. W. Bush deploys 2,500 soldiers of the Army’s 7th Infantry Division from Fort Ord and 1,500 Marines from Camp Pendleton. Bush also federalizes approximately 8,000 National Guard troops. All three groups are placed under the command of Major General Marvin L. Covault as part of a decades-old Pentagon program codenamed Operation Garden Plot (see Winter 1967-1968). Combat troops, equipped with M-16 rifles, flak jackets, helmets, and riot batons, are the first to enter a US city since 1972. Marines take up positions in Compton and Long Beach; Army troops are sent to patrol the streets of Watts; and National Guard soldiers are deployed throughout the area. In a television address, Bush says the military will “use whatever force is necessary to restore order.” Bush announces he is sending into Los Angeles an additional 1,000 federal law enforcement officials, “including FBI SWAT teams and riot control units of the US Marshals Service, the Border Patrol, and other agencies.” According to the Washington Post, a Marine unit is on standby at Camp Pendleton “with light armored vehicles, eight-wheeled, 14-ton armored personnel carriers armed with 25mm cannon.” The troops in Los Angeles are ordered to return fire only when fired upon. Although few conflicts arise between soldiers and rioters, members of the National Guard shoot and kill a motorist that allegedly tries to run them down. Bush’s decision to activate the military will later be criticized for being unnecessary and coming after the majority of the violence had already ended. The riots will lead the military to increase military training for Operation Garden Plot in the coming months (see Spring 1992). [Washington Post, 5/2/1992; New York Times, 5/3/1992; Los Angeles Times, 5/10/1992; Reuters, 5/11/1992; San Antonio Express-News, 5/17/1992]

Entity Tags: George Herbert Walker Bush, Federal Bureau of Investigation, US Department of Defense, US Border Patrol, Tom Bradley, Pete Wilson, US Marine Corps, California National Guard

Category Tags: Impositions on Rights and Freedoms

President Clinton signs into law the Brady Handgun Violence Prevention Act, sometimes called the “Brady Bill,” which imposes a waiting period for handgun purchases. Many gun enthusiasts are infuriated by the new law. The Southern Poverty Law Center will later observe that the “Brady Bill” and a 1994 ban on some assault weapons (see September 13, 1994) help spark the nascent militia movement. [Southern Poverty Law Center, 6/2001; US Government Info, 2010]

Entity Tags: Brady Handgun Violence Prevention Act, William Jefferson (“Bill”) Clinton, Southern Poverty Law Center

Timeline Tags: US Domestic Terrorism

Category Tags: Gun Rights, Impositions on Rights and Freedoms

Some of the assault weapons banned under the 1994 crime bill.Some of the assault weapons banned under the 1994 crime bill. [Source: Senator Dianne Feinstein]Congress authorizes the passage of the 1994 Omnibus Crime Bill, later named “The Violent Crime Control and Law Enforcement Act,” which among other elements outlaws 19 separate types of assault weapons. The original bill, HR 4092, passed the House of Representatives in April on a 285-141 vote. The House bill provides $28 billion in spending for police hiring and training, prison construction, and crime prevention; expands the death penalty to cover an array of federal crimes; introduces the federal “three strikes” provision that automatically incarcerates three-time felons for lengthy jail terms; includes the Racial Justice Act that allows defendants to challenge death-penalty sentences on a racial basis; and bans the sale or transfer of handguns to juveniles without parental consent. A separate House vote in May approved the ban on the sale of assault weapons by a narrow 216-214 vote, and the entire package went to the Senate for reconciliation with that body’s own crime bill. A later version of the bill increased spending to $30 billion, shifted more funds to police training and less to prison construction, and dropped the Racial Justice Act along with funding for a crime prevention center in Texas. On August 25, the Senate thwarted efforts by Republicans to reopen debate on the bill, and the bill passed on a final vote of 61-38. President Clinton signs the bill into law on September 13. Within days of its passage, Congressional Republicans will announce their intention to revamp the bill as part of their “Contract with America,” charging that it fails to address the “broken” criminal justice system that fails “to hold criminals accountable” for their actions. Many Republicans will base their intention to revamp the bill on their opposition to the assault weapons ban. [McCollum, 1994; Time, 9/5/1994]

Entity Tags: US Congress, William Jefferson (“Bill”) Clinton, 1994 Violent Crime Control and Law Enforcement Act

Timeline Tags: US Domestic Terrorism

Category Tags: Gun Rights, Impositions on Rights and Freedoms

The Communications Assistance for Law Enforcement Act (CALEA) takes effect. CALEA obliges telecommunications providers such as AT&T to give law enforcement agencies and US intelligence organizations the ability to wiretap any domestic or international telephone conversations carried over their networks. In more recent years, the law will be expanded to give law enforcement and intelligence agencies similar abilities to monitor Internet usage by US citizens. [Federal Communications Commission, 2/21/2007]

Entity Tags: Communications Assistance for Law Enforcement Act (CALEA), AT&T

Category Tags: Other Legal Changes, Privacy, Impositions on Rights and Freedoms, Government Acting in Secret, NSA Wiretapping / Stellar Wind, Other Surveillance

Concerns that terrorists may obtain a nuclear, chemical, or biological weapon inspire the Clinton administration to assign new counterterrorism responsibilities within the federal government. After at least a year of interagency planning, President Clinton signs classified Presidential Decision Directive 39, US Policy on Counterterrorism. According to author Steve Coll, the directive is the “first official recognition by any American president” of the threat posed by terrorists using weapons of mass destruction. [Coll, 2004, pp. 318] “The acquisition of weapons of mass destruction by a terrorist group, through theft or manufacture, is unacceptable,” the directive declares. “There is no higher priority than preventing the acquisition of this capability or removing this capability from terrorist groups potentially opposed to the US.” PDD-39 is never fully disclosed to the public, but parts of it will be declassified in February 1997. The directive assigns specific counterterrorism responsibilities to the attorney general, the directors of the CIA and FBI, and the secretaries of state, defense, transportation, treasury, and energy. PDD-39 also assigns “Consequence Management” responsibilities to the Federal Emergency Management Agency (FEMA). When PDD-39 is partially declassified, a paragraph reaffirming a controversial detention policy is inadvertently disclosed. The paragraph, which is marked ”(S)” for secret, claims terrorism suspects may be detained by the US anywhere in world without the consent of the home country. “If we do not receive adequate cooperation from a state that harbors a terrorist whose extradition we are seeking, we shall take appropriate measures to induce cooperation,” the directive states. “Return of suspects by force may be effected without the cooperation of the host government, consistent with the procedures outlined in NSD-77, which shall remain in effect.” National Security Directive 77, or NSD-77, was signed by President George H. W. Bush and is entirely classified. [Presidential Decision Directive 39, 6/21/1995; White House, 6/21/1995; Associated Press, 2/5/1997; Federation of American Scientists, 9/26/2002; 9/11 Commission, 3/24/2004]

Entity Tags: George Herbert Walker Bush, William Jefferson (“Bill”) Clinton, Clinton administration

Category Tags: Impositions on Rights and Freedoms, Detainments Outside US, Gov't Violations of Prisoner Rights, Continuity of Government, Government Acting in Secret

InfraGard logo.InfraGard logo. [Source: Progressive.org]Twenty-three thousand executives and employees of various private firms work with the FBI and the Department of Homeland Security. The group, called InfraGard, receives secret warnings of terrorist threats well in advance of public notification, and sometimes before elected officials. In return, InfraGard provides information to the government. InfraGard is a quiet quasi-governmental entity which wields an unknown, but extensive, amount of power and influence. Michael Hershman, the chairman of the advisory board of the InfraGard National Members Alliance (INMA) and the CEO of an international consulting firm, calls InfraGard “a child of the FBI.” The organization started in Cleveland in 1996, when business members cooperated with the FBI to investigate cyber-threats. The FBI then “cloned it,” according to Phyllis Schneck, chairman of the board of directors of the INMA. Schneck is one of the biggest proponents of InfraGard. As of February 2008, 86 chapters of InfraGard exist in each of the 50 states, operating under the supervision of local FBI agents. “We are the owners, operators, and experts of our critical infrastructure, from the CEO of a large company in agriculture or high finance to the guy who turns the valve at the water utility,” says Schneck. According to the InfraGard website, “At its most basic level, InfraGard is a partnership between the Federal Bureau of Investigation and the private sector. InfraGard chapters are geographically linked with FBI Field Office territories.” After the 9/11 attacks, InfraGard experiences explosive growth—from 1,700 members in November 2001 to 23,682 members in January 2008. 350 members of the Fortune 500 have members in InfraGard. Prospective members are sponsored by existing members, then vetted by the FBI. The organization accepts members from agriculture, banking and finance, and chemical industry, defense, energy, food, information and telecommunications, law enforcement, public health, and transportation industries.
Controlled Exposure - InfraGard’s inner workings are not available to the general public; its communications with the FBI and DHS are not accessible through the Freedom of Information Act under the “trade secrets” exemption. And InfraGard carefully controls its exposure and contact with the media. According to the InfraGard website: “The interests of InfraGard must be protected whenever presented to non-InfraGard members. During interviews with members of the press, controlling the image of InfraGard being presented can be difficult. Proper preparation for the interview will minimize the risk of embarrassment.… The InfraGard leadership and the local FBI representative should review the submitted questions, agree on the predilection of the answers, and identify the appropriate interviewee.… Tailor answers to the expected audience.… Questions concerning sensitive information should be avoided.”
Advance Warning from the FBI - InfraGard members receive quick alerts on any potential terrorist threat or a possible disruption of US infrastructure. Its website boasts that its members can “[g]ain access to an FBI secure communication network complete with VPN encrypted website, webmail, listservs, message boards, and much more.” Hershman says members receive “almost daily updates” on threats “emanating from both domestic sources and overseas.” Schneck adds, “We get very easy access to secure information that only goes to InfraGard members. People are happy to be in the know.” Shortly after the 9/11 attacks, an InfraGard member passed along an FBI warning about a potential threat to California’s bridges to then-Governor Gray Davis, who had not yet heard anything from the FBI (see November 1, 2001). In return, InfraGard members cooperate with FBI and DHS operations. Schneck says: “InfraGard members have contributed to about 100 FBI cases. What InfraGard brings you is reach into the regional and local communities. We are a 22,000-member vetted body of subject-matter experts that reaches across seventeen matrixes. All the different stovepipes can connect with InfraGard.” The relationships between the FBI and InfraGard members are key, she says. “If you had to call 1-800-FBI, you probably wouldn’t bother,” she says. “But if you knew Joe from a local meeting you had with him over a donut, you might call them. Either to give or to get. We want everyone to have a little black book.” InfraGard members have phone numbers for DHS, the FBI, and to report cyber-threats. InfraGard members who call in “will be listened to,” she says; “your call [will] go through when others will not.” The American Civil Liberties Union, who has warned about the potential dangers of Infragard to constitutional liberties (see August 2004), retorts, “The FBI should not be creating a privileged class of Americans who get special treatment. There’s no ‘business class’ in law enforcement. If there’s information the FBI can share with 22,000 corporate bigwigs, why don’t they just share it with the public? That’s who their real ‘special relationship’ is supposed to be with. Secrecy is not a party favor to be given out to friends.… This bears a disturbing resemblance to the FBI’s handing out ‘goodies’ to corporations in return for folding them into its domestic surveillance machinery.”
Preparing for Emergencies, Martial Law - InfraGard members are “very much looped into our readiness capability,” says a DHS spokeswoman. Not only does DHS “provide speakers” and do “joint presentations” with the FBI, but “[w]e also train alongside them, and they have participated in readiness exercises.” InfraGard members are involved with the Bush administration’s “National Continuity Policy,” which mandates that DHS coordinate with “private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.” InfraGard members participate in “national emergency preparation drills,” Schneck says, sometimes by the hundreds. InfraGard members are drilling in preparation for martial law, members say. One business owner recently attended a meeting conducted by FBI and DHS officials. He recalls, “The meeting started off innocuously enough, with the speakers talking about corporate espionage. From there, it just progressed. All of a sudden we were knee deep in what was expected of us when martial law is declared. We were expected to share all our resources, but in return we’d be given specific benefits.” In the event of martial law being declared, Infragard members will have the ability to travel in restricted areas and to evacuate citizens. But they will have other abilities and duties as well. InfraGard members, says the business owner, will be authorized to “shoot to kill” if necessary to maintain order and “protect our portion of the infrastructure. [I]f we had to use deadly force to protect it, we couldn’t be prosecuted.… We were assured that if we were forced to kill someone to protect our infrastructure, there would be no repercussions. It gave me goose bumps. It chilled me to the bone.” Other InfraGard members deny that they have ever been told such; Schneck says InfraGard members will have no civil patrol or law enforcement responsibilities. The FBI calls such assertions “ridiculous.” But the business owner’s story has been corroborated by other InfraGard members. “There have been discussions like that, that I’ve heard of and participated in,” says Christine Moerke, an InfraGard member from Wisconsin. [InfraGard, 2008; Progressive, 2/7/2008]

Entity Tags: Michael Hershman, US Department of Homeland Security, Christine Moerke, Bush administration (43), American Civil Liberties Union, Federal Bureau of Investigation, InfraGard National Members Alliance, Gray Davis, Phyllis Schneck, InfraGard

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

John Yoo, the general counsel for the Senate Judiciary Committee and a former clerk for Supreme Court Justice Clarence Thomas, writes a book-length article for the California Law Review. Yoo’s article argues that under the Constitution, the president has far greater powers during wartime than is generally recognized. Basically, Yoo writes, Congress can only do two things to restrain a wartime president: restrict spending and impeach the president. The federal courts have no power over the president whatsoever. [Dubose and Bernstein, 2006, pp. xx]

Entity Tags: Senate Judiciary Committee, Clarence Thomas, John C. Yoo

Category Tags: Impositions on Rights and Freedoms, Expansion of Presidential Power, Government Acting in Secret, Government Classification, Other Surveillance

April 25, 1996: New Anti-Terrorism Law Passed

President Clinton signs the Antiterrorism and Effective Death Penalty Act, which the New York Times calls “broad legislation that provides new tools and penalties for federal law-enforcement officials to use in fighting terrorism.” The Clinton administration proposed the bill in the aftermath of the Oklahoma City terrorist bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). In many ways, the original bill will be mirrored by the USA Patriot Act six years later (see October 26, 2001). Civil libertarians on both the left and right opposed the legislation. Political analyst Michael Freeman called the proposal one of the “worst assaults on civil liberties in decades,” and the Houston Chronicle called it a “frightening” and “grievous” assault on domestic freedoms. Many Republicans opposed the bill, and forced a compromise that removed increased wiretap authority and lower standards for lawsuits against sellers of guns used in crimes. CNN called the version that finally passed the Republican-controlled Congress a “watered-down version of the White House’s proposal. The Clinton administration has been critical of the bill, calling it too weak. The original House bill, passed last month, had deleted many of the Senate’s anti-terrorism provisions because of lawmakers’ concerns about increasing federal law enforcement powers. Some of those provisions were restored in the compromise bill.” [CNN, 4/18/1996; New York Times, 4/25/1996; Roberts, 2008, pp. 35] An unusual coalition of gun rights groups such as the National Rifle Association (NRA) and civil liberties groups such as the American Civil Liberties Union (ACLU) led the opposition to the law. [New York Times, 4/17/1996] By the time Congress passed the bill, it had been, in the words of FBI Director Louis Freeh, “stripped… of just about every meaningful provision.” [Roberts, 2008, pp. 35] The law makes it illegal in the US to provide “material support” to any organization banned by the State Department. [Guardian, 9/10/2001]

Entity Tags: William Jefferson (“Bill”) Clinton, Louis J. Freeh, National Rifle Association, American Civil Liberties Union, Clinton administration, Michael Freeman, USA Patriot Act, US Congress

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

Category Tags: Impositions on Rights and Freedoms, Expansion of Presidential Power, Other Legal Changes, Patriot Act, Gun Rights

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