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US Civil Liberties

Secrecy

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

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President Franklin D. Roosevelt signs Executive Order 8248, reorganizing the Executive Office of the President. According to the order, “There shall be within the Executive Office of the President the following principal divisions, namely: (1) The White House Office, (2) the Bureau of the Budget, (3) the National Resources Planning Board, (4) the Liaison Office for Personnel Management, (5) the Office of Government Reports, and (6) in the event of a national emergency, or threat of a national emergency, such office for emergency management as the President shall determine.” The order creates the Office of Emergency Management (OEM), a civil defense unit responsible for protecting government functions in the event of a disaster. The President’s Secretary declares that in times of national emergency, “it has always been necessary to establish administrative machinery in addition to that required for normal work of the government.… Although these management facilities need be brought into action only when an emergency or serious threat of emergency exists, they must function in an integral relationship to the regular management arms of the President.” [Executive Order 8248, 9/8/1939; New York Times, 9/10/1939; New York Times, 3/28/1941; New York Times, 4/20/1941]

Entity Tags: Office of Emergency Management, Franklin Delano Roosevelt

Category Tags: Continuity of Government

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

President Harry Truman signs the National Security Act of 1947, reorganizing the military and overhauling the government’s foreign policy-making bureaucracy. The act gives birth to three major organizations: the Department of Defense (DOD), the Central Intelligence Agency (CIA) and the National Security Council (NSC). The DOD unifies the three branches of the military—the Army, Navy and Air Force—into a single department overseen by a secretary of defense. The act establishes a separate agency, the CIA, to oversee all overt and covert intelligence operations. The act forms the NSC to directly advise the President on all matters of defense and foreign policy. In addition, the act establishes the National Security Resources Board (NSRB) to advise the President “concerning the coordination of military, industrial, and civilian mobilization” in times of war. Should the nation come under attack, the NSRB will be in charge of allocating essential resources and overseeing “the strategic relocation of industries, services, government, and economic activities, the continuous operation of which is essential to the Nation’s security.” [US Congress. House. Senate., 7/26/1947; Trager, 11/1977]

Entity Tags: National Security Act of 1947, Harry S. Truman, National Security Council, US Department of Defense, National Security Resources Board, Central Intelligence Agency

Category Tags: Continuity of Government

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

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

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

With the approval of President Harry S. Truman, the US government constructs a massive 200,000-square-foot underground facility along the Maryland-Pennsylvania border, about seven miles north of Camp David and about 65 miles north of Washington, DC. Site-R at Raven Rock, officially known as the Alternate Joint Communications Center, is one of 96 bunkers being assembled around the nation’s capital in preparation for a potential nuclear conflict with the Soviet Union (see 1950-1962). Site-R is designed to serve as a complete backup to the Pentagon in times of war and is complete with state-of-the-art technology, alternate command posts, war rooms, and living spaces for top officials. The subterranean fortress resembles a small city, with all the basic necessities for sustaining a population in the thousands for months at a time. The site is equipped with its own self-generating power supply, offices, medical clinic, fire department, mail service center, dining halls, and dormitories. The facility is said to have its own a chapel, two fishing lakes, a barbershop, a drug store, and even a bowling alley. There are also rumors that an underground tunnel connects Site-R to Camp David less than 10 miles to the south. Decades later, Vice President Dick Cheney and other high-ranking officials will relocate to Site-R in the aftermath of the terrorist attacks of September 11, 2001 (see (11:00 a.m.) September 11, 2001 and September 12, 2001-2002). [Pittsburgh Post-Gazette, 8/7/1985; Washington Post, 5/31/1992; New York Times, 12/2/2000; Gannett News Service, 6/25/2002; Knight Ridder, 7/20/2004]

Entity Tags: Harry S. Truman, Site R, Camp David

Category Tags: Continuity of Government, Government Acting in Secret

Fears of a nuclear conflict with the Soviet Union inspire the US government to construct a network of 96 nuclear-resistant fallout shelters around Washington, DC. The underground “Federal Relocation Centers,” collectively known as the “Federal Relocation Arc,” are designed to serve as both living quarters and command bunkers for a post-nuclear government. The underground installations will later be described as the “backbone” of the ultra-secretive Continuity of Government (COG) program, which is meant to keep the government functioning in times of national emergency. Under Presidents Harry S. Truman and Dwight D. Eisenhower, the US government spends billions of dollars carving out caves and assembling the underground fortresses in preparation for nuclear war. Upon completion, the bunkers are said to resemble small cities, each capable of sustaining a population in the thousands for months at a time. Each facility is equipped with its own self-generating power supply, fresh water source, living quarters, food rations, command posts, telecommunications equipment, and other requirements for housing officials and running the federal government from deep underground. In the event of a crisis, high-ranking officials, most notably the president and those in the presidential chain of command, are to be secretly whisked away to the underground installations in order to ensure the continuation of government functions. Some of the known underground locations include Mount Weather, fortified within the Blue Ridge Mountains about 50 miles west of Washington, DC (see 1952-1958); Site R, along the Maryland-Pennsylvania border near Camp David (see 1950-1954); and the Greenbrier, underneath a hotel resort in White Sulphur Springs, West Virginia (see 1959-1962). [Progressive, 3/1976; Time, 12/9/1991; Washington Post, 5/31/1992; Time, 8/10/1992; New York Times, 12/2/2000; Gannett News Service, 6/25/2002]

Entity Tags: Dwight Eisenhower, Mount Weather, Site R, Harry S. Truman, Greenbrier

Category Tags: Continuity of Government, Government Acting in Secret

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Category Tags: Court Procedures and Verdicts, Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Category Tags: Court Procedures and Verdicts, Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

President Harry S. Truman signs Executive Order 10186, shifting many responsibilities of the National Security Resources Board (NSRB), which oversees federal emergency planning, to a new civil defense organization, the Federal Civil Defense Administration (FCDA). The FCDA is placed within the Office of Emergency Management (OEM), an agency established as part of the Executive Office of the President years earlier by President Franklin Roosevelt (see September 8, 1939). The purpose of the FCDA, according to President’s Truman’s order, “shall be to promote and facilitate the civil defense of the United States in cooperation with several States.” [Executive Order 10186, 12/1/1950] The Federal Civil Defense Act of 1950 will be signed into law weeks later, establishing the FCDA as an independent agency and detailing the organization’s responsibilities (see January 12, 1951)

Entity Tags: Federal Civil Defense Administration, Harry S. Truman, Office of Emergency Management

Category Tags: Continuity of Government

President Harry S. Truman signs Executive Order 10193, establishing the Office of Defense Mobilization (ODM) within the Executive Office of the President. The ODM is granted a wide range of emergency powers in order to mobilize civilians, industries and government agencies to defend the country during a crisis. As part of a broad “mobilization” effort, President Truman calls for increasing the number of total armed forces, increasing defense spending, and expanding the economy to increase war production. President Truman declares a national emergency and delegates many of his war powers to the head of the ODM. According to the New York Times, “President Truman proclaimed a state of emergency this morning and delegated many of his own war powers to Charles E. Wilson, the new mobilization director.” Citing the threat of “Communist imperialism,” President Truman “signed the proclamation of emergency, which unleashed scores of additional executive powers, and issued an executive order granting virtually blanket authority to Mr. Wilson to carry out all aspects of war production and economic control he deemed necessary.” According to the order, the mobilization director “shall on behalf of the president direct, control, and coordinate all mobilization activities of the executive branch of the government, including but not limited to production, procurement, manpower, stabilization, and transport activities.” [Executive Order 10193, 12/16/1950; New York Times, 12/16/1950, pp. 1; New York Times, 12/16/1950, pp. 1]

Entity Tags: Office of Defense Mobilization, Charles E. Wilson, Harry S. Truman

Category Tags: Continuity of Government

President Harry S. Truman signs the Federal Civil Defense Act of 1950. The Federal Civil Defense Administration (FCDA), established weeks earlier within the Executive Office of the President (see December 1, 1950), is transformed into an independent agency headed by a presidential appointee. The FCDA is placed in charge of providing emergency aid and assistance to local communities affected by disasters. The act also provides special emergency powers to the FCDA and the President in the event of a national crisis. According to President Truman, the act establishes a “basic framework for preparations to minimize the effects of an attack on our civilian population, and to deal with the immediate emergency conditions which such an attack would create.” According to the New York Times, “The measure directs the Federal Government to provide leadership to states and communities in developing arrangements to protect civilian life and property in the country’s 150 critical target areas against possible enemy attack by atomic bombs, biological or bacteriological warfare or any other technique.” The new civil defense plans are estimated to cost $3.1 billion. The FCDA will distribute brochures and produce television and radio segments aimed at preparing the general public for a nuclear attack. The FCDA will also stage drills and exercises to test public and government readiness for such a disaster. The agency will become infamous for encouraging civilians to “duck and cover” in the event of a nuclear strike. [Statement by the President Upon Signing the Federal Civil Defense Act of 1950, 1/12/1951; New York Times, 1/12/1951, pp. 7; Slate, 2/20/2003; Henry B. Hogue and Keith Bea, 6/1/2006, pp. 10 pdf file]

Entity Tags: Harry S. Truman, Federal Civil Defense Administration

Category Tags: Continuity of Government

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Category Tags: Government Acting in Secret, NSA Wiretapping / Stellar Wind, Other Surveillance

A roughly 200,000-square-foot facility known as Mount Weather, codenamed “Operation High Point,” is constructed deep within an isolated strip of the Blue Ridge Mountains, approximately 50 miles west of Washington, DC. The installation, finished in 1958 at the cost of more than $1 billion, will serve as the flagship of a secret network of nuclear resistant shelters currently being constructed around the nation’s capital (see 1950-1962). Mount Weather is designed to be the headquarters of a post-nuclear government in the event of a full-scale war with the Soviet Union. Construction of the facility is authorized under the highly classified Continuity of Government program, meant to ensure the survival of the federal government in times of extreme emergency. The enormous complex resembles a miniature city, capable of supporting a population in the thousands for months at a time. Mount Weather is equipped with its own streets and sidewalks, dormitories, offices, a hospital, television and radio studios, reservoirs of drinking and cooling water, dining halls, stockpiles of food, a power plant, a sewage treatment plant, a crematorium, government and military command posts—everything needed to sustain and run an underground government during and after a nuclear war. A parallel executive branch will be stationed at Mount Weather to take over the functions of the federal government in the event of a disaster (see March 1976). In the 1960s and 1970s Mount Weather will develop a “Civil Crisis Management” program, designed to monitor and manage potential resource shortages, labor strikes, and political uprisings (see 1967-1976). Mount Weather will be accused in the 1970s of spying on US citizens (see September 9, 1975). In December 1974, a passenger airliner will crash into the mountainside, drawing public attention to the secret installation for the first time (see 11:10 a.m. December 1, 1974). [Progressive, 3/1976; Emerson, 8/7/1989; Time, 12/9/1991; Time, 8/10/1992]

Entity Tags: Mount Weather

Category Tags: Continuity of Government, Government Acting in Secret

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

President Harry S. Truman signs Executive Order 10346, ordering the Federal Civil Defense Administration (FCDA) to coordinate “continuity” plans within the federal government. The plans will be designed to ensure the continuation of essential government functions in the event of a major disaster, such as a nuclear attack on Washington DC. According to the order, “each Federal department and agency shall prepare plans for maintaining the continuity of its essential functions at the seat of government and elsewhere during the existence of a civil-defense emergency.” In addition to the FCDA, the National Security Resources Board (NSRB), established by the National Security of Act of 1947, (See July 26, 1947), is to play an advisory role in the emergency plans. [Executive Order 10346, 4/17/1952]

Entity Tags: Harry S. Truman, National Security Resources Board, Federal Civil Defense Administration

Category Tags: Continuity of Government

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Category Tags: Court Procedures and Verdicts, Expansion of Presidential Power, Government Acting in Secret, Government Classification

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

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

Reorganization Plan No. 3 of 1953 is signed into law, restructuring the Office of Defense Mobilization (ODM) within the Executive Office of the President. The ODM, originally created by President Harry S. Truman in December of 1950 (see December 16, 1950), will incorporate the responsibilities of the National Security Resources Board (NSRB), which shares similar objectives. The purpose of the ODM is to ensure the continuation of essential government and industry functions, particularly during times of crisis. President Dwight D. Eisenhower says merging the ODM and the NSRB will “enable one Executive Office agency to exercise strong leadership in our national mobilization effort, including both current defense activities and readiness for any future national emergency.” [New York Times, 4/3/1953, pp. 1; US Congress. House. Senate., 6/12/1953]

Entity Tags: Office of Defense Mobilization, National Security Resources Board, Dwight Eisenhower

Category Tags: Continuity of Government

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

Reorganization Plan No. 1 of 1958 is signed into law, merging the Federal Civil Defense Administration (FCDA) and the Office of Defense Mobilization (ODM) into a single agency, the Office of Civil and Defense Mobilization (OCDM). The OCDM will be responsible for ensuring the continuation of essential government and industry functions in the event of a national emergency. President Dwight D. Eisenhower submitted the reorganization plan to Congress in April 1958 with the intention of establishing a “single pattern with respect to the vesting of defense mobilization and civil defense functions.” In addition to merging the civil defense agencies, the reorganization plan transfers to the president the authorities previously delegated to the FCDA and the ODM (see December 1, 1950 and December 16, 1950). [Message of the President, 4/24/1958; US Congress. House. Senate., 7/1/1958]

Entity Tags: Office of Civil and Defense Mobilization, Federal Civil Defense Administration, Office of Defense Mobilization, Dwight Eisenhower

Category Tags: Continuity of Government

The Federal Civil Defense Act of 1950 is amended, redefining the role played by the federal government in civil defense plans. Prior to the amendment, civil defense was primarily the responsibility of state and local authorities. The amendment, according to the New York Times, “sets forth a broadened program of Federal responsibility in support of local defense efforts.” The plan places the federal government in charge of providing “direction, coordination, guidance, and assistance to the states in administering and financing their civil defense effort.” Although programs set forth in the amendment will not be funded for several years, the legislation will eventually lead to the creation of a nationwide civil defense cadre. As a result, civil defense offices are established in counties, towns, cities, and states across the country. [New York Times, 11/9/1958, pp. 1; B. Wayne Blanchard, 2/5/2008, pp. 11, 12]

Category Tags: Continuity of Government

From 1959 to 1962, beneath a hotel resort known as the Greenbrier in White Sulphur Springs, West Virginia, the government secretly constructs an installation to shelter leaders of Congress in times of national emergency. The massive facility is equipped with diesel generators, food stocks, drinking water, living spaces, luxury rooms, dining halls, state-of-the-art computers and telecommunications equipment, a television studio, and an incinerator. The shelter contains chambers for the House and Senate, as well as a larger room for joint sessions. The bunker is just one of nearly 100 shelters being constructed for government officials in preparation for a potential nuclear conflict with the Soviet Union (see 1950-1962). The facility would not be able to sustain a direct nuclear strike, but could shelter VIPs from radioactive fallout. The relocation center is operated by Forsythe Associates, which will later be described by the Washington Post as an “obscure company ostensibly based in Arlington.” Although designed for Congress, few members of the House and Senate will ever be told of the shelter’s existence. The Washington Post will later note: “Just how Congress was expected to reach the Greenbrier is unclear. It is at least a five-hour drive from the Capitol… an hour’s flight from Washington. And because very few members of Congress have been aware that the facility exists, it would take far longer than that to round them up.” [Washington Post, 5/31/1992] A report published by the Washington Post in May 1992 will expose the site to the public and lead to its official decommissioning in 1995 (see May 31, 1992-July 31, 1995).

Entity Tags: Forsythe Associates, Greenbrier

Category Tags: Continuity of Government, Government Acting in Secret

President John F. Kennedy signs Executive Order 10952, calling for a nationwide fallout shelter program. According to the New York Times, “President Kennedy today put the Pentagon in charge of a greatly increased [shelter] program to protect American civilians against the effects of nuclear attack.” The New York Times reports the program will “concentrate on public and quasi-public buildings—factories, office buildings, churches—where basements and other protected areas could be easily made into shelters for large numbers of persons.” The fallout shelters are expected to cost approximately $300 million. The plan is largely the creation of Frank B. Ellis, the new director of the Office of Civil and Defense Mobilization (OCDM). The White House reorganizes civil defense responsibilities within the federal government. The OCDM is renamed the Office of Emergency Planning (OEP) and several of the organization’s responsibilities are shifted to the Office of Civil Defense (OCD), a new organization established within the Department of Defense. [Executive Order 10952, 7/20/1961; New York Times, 7/21/1961, pp. 1; New York Times, 8/2/1961, pp. 1; New York Times, 8/31/1961, pp. 17]

Entity Tags: Office of Emergency Planning, Office of Civil and Defense Mobilization, Office of Civil Defense, Frank B. Ellis, John F. Kennedy

Category Tags: Continuity of Government

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

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

The NSA launches the first of seven satellites, code-named “Canyon,” that can pick up various types of voice and data traffic from Earth orbit. Canyon will lead to a more sophisticated satellite intelligence system, code-named “Rhyolite” (later “Aquacade”—see Early 1970s). [Federation of American Scientists, 7/17/1997]

Entity Tags: Rhyolite, National Security Agency, Canyon

Category Tags: Government Acting in Secret, Government Classification, Other Surveillance

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

The Office of Emergency Planning, which is responsible for parts of the federal government’s civil defense and continuity of government plans, is renamed the Office of Emergency Preparedness (OEP). Federal agencies responsible for emergency planning have undergone several duty and title changes over the past two decades (see December 1, 1950, December 16, 1950, June 12, 1953, July 1, 1958, and July 20, 1961). The changes, the New York Times notes, have created a “tale of more names than even government civil servants care to remember.” The latest change is largely superficial and comes as the result of Public Law 90-608, which was drafted and presented to Congress by President Johnson. [New York Times, 12/14/1968, pp. 19]

Entity Tags: Office of Emergency Preparedness (1968-1973), Office of Emergency Planning, Lyndon B. Johnson

Category Tags: 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

Henry Kissinger.Henry Kissinger. [Source: Library of Congress]Secretary of State Henry Kissinger, determined to prove to President Nixon that news stories about the secret Cambodian bombings are not being leaked to the press by liberals in the National Security Council offices, urges FBI director J. Edgar Hoover to wiretap several of Nixon’s top aides, as well as a selection of reporters. Kissinger will later deny making the request. [Werth, 2006, pp. 169] In March 1973, W. Mark Felt, the deputy director of the FBI and Washington Post reporter Bob Woodward’s famous “Deep Throat” background source, will confirm the wiretappings, saying: “In 1969, the first targets of aggressive wiretapping were the reporters and those in the administration who were suspected of disloyalty. Then the emphasis was shifted to the radical political opposition during the [Vietnam] antiwar protests. When it got near election time [1972], it was only natural to tap the Democrats (see Late June-July 1971 and May 27-28, 1972). The arrests in the Watergate (see 2:30 a.m.June 17, 1972) sent everybody off the edge because the break-in could uncover the whole program.” [Bernstein and Woodward, 1974, pp. 271] Felt will tell Woodward that two of the reporters placed under electronic surveillance are Neil Sheehan and Hedrick Smith. Pentagon Papers leaker Daniel Ellsberg will leak the Defense Department documents to Sheehan (see March 1971). Eventually, future FBI director William Ruckelshaus will reveal that at least 17 wiretaps are ordered between 1969 and 1971. The logs of those wiretaps are stored in a safe in White House aide John Ehrlichman’s office. In all, 13 government officials and four reporters are monitored. [Bernstein and Woodward, 1974, pp. 313] The FBI will send Kissinger 37 letters reporting on the results of the surveillance between May 16, 1969 and May 11, 1970. When the surveillance is revealed to the Senate Watergate Committee, it will be shown that among those monitored are Nixon speechwriter and later New York Times columnist William Safire; Anthony Lake, a top Kissinger aide who will later resign over the secret bombings of Cambodia; and the military assistant to Secretary of Defense Melvin Laird, whom Kissinger regards as a political enemy. [Woodward, 2005, pp. 21-22]

Entity Tags: Richard M. Nixon, J. Edgar Hoover, Henry A. Kissinger, Hedrick Smith, Anthony Lake, Melvin Laird, Neil Sheehan, William Safire, W. Mark Felt, National Security Council, William Ruckelshaus

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

The New York Times reveals the secret bombings of Cambodia, dubbed “Operation Menu” (see February 23-24, 1969 and March 15-17, 1969). National Security Adviser Henry Kissinger is apoplectic in his anger: shouting to President Nixon, “We must do something! We must crush those people! We must destroy them!” Kissinger is not only referring to the Times, but Defense Secretary Melvin Laird and Secretary of State William Rogers, whom he believes leaked the information to the Times in order to discredit him. (Nixon has an unproductive phone conversation with Laird before his meeting with Kissinger; Nixon opened the phone call by calling Laird a “son of a b_tch,” and Laird hung up on the president.) Nixon suggests Kissinger’s own staff may be the source of the leaks. He is most suspicious of Kissinger’s aide Morton Halperin. By lunch, Kissinger has talked to the FBI about wiretapping suspected leakers. By dinner, Halperin’s phone is tapped. The next day, Kissinger’s military aide Alexander Haig has the FBI tap three more men “just for a few days,” warning the FBI not to keep any records of the wiretaps. The three targets are Kissinger’s aides Helmut Sonnenfeldt and Daniel Davidson, and Laird’s military assistant, Robert Pursley (who will again be wiretapped several months later—see May 2, 1970). At the same time, White House aide Jack Caulfield (see April 2, 1969) arranges for a wiretap on a private citizen, syndicated columnist Joseph Kraft. While the FBI wiretaps are legally questionable, Caulfield’s tap is unquestionably illegal. Caulfield has the director of security for the Republican National Committee, former FBI agent John Ragan, personally install the wiretap in Kraft’s home. The tap on Kraft produces nothing except the conversations of housekeepers, as Kraft and his wife are in Paris. Nixon has the French authorities wiretap Kraft’s Paris hotel room. [Reeves, 2001, pp. 75-76]

Entity Tags: Richard M. Nixon, William P. Rogers, Robert Pursley, Republican National Committee, Morton H. Halperin, Melvin Laird, Daniel Davidson, Alexander M. Haig, Jr., ’Operation Menu’, Federal Bureau of Investigation, Helmut Sonnenfeldt, Henry A. Kissinger, John J. ‘Jack’ Caulfield, John Ragan, Joseph Kraft, New York Times

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

Two National Security Council assistants, Richard Moose and Richard Sneider, are wiretapped by the FBI as part of President Nixon and Henry Kissinger’s attempt to seal media leaks (see May 1969). [Reeves, 2001, pp. 86]

Entity Tags: Richard Sneider, Richard Moose, Richard M. Nixon, Federal Bureau of Investigation, Henry A. Kissinger

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

The FBI wiretaps Sunday Times reporter Henry Brandon. FBI director J. Edgar Hoover decides to wiretap Brandon after President Nixon, looking for National Security Adviser Henry Kissinger, finds him at Brandon’s home. [Reeves, 2001, pp. 86]

Entity Tags: Henry A. Kissinger, Federal Bureau of Investigation, Richard M. Nixon, Henry Brandon, J. Edgar Hoover

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

The New York Times breaks the story of secret negotiations with Japan for the return of Okinawa to Japanese control. The story, by Times reporter Hedrick Smith, reveals details from a secret National Security Council memo that includes plans to announce the turnover as well as the plans to remove all US nuclear weapons from Okinawa. National Security Adviser Henry Kissinger orders the FBI to wiretap Smith’s telephone. [Reeves, 2001, pp. 86]

Entity Tags: New York Times, Federal Bureau of Investigation, Henry A. Kissinger, Hedrick Smith

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

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

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Category Tags: Government Acting in Secret, Government Classification, Other Surveillance

May 2, 1970: Haig Orders Four More Wiretaps

When the press reports the secret US-led invasion of Cambodia (see April 24-30, 1970) and the subsequent massive air strikes in that country, Alexander Haig, the military aide to National Security Adviser Henry Kissinger, notes that New York Times reporter William Beecher has been asking some suspiciously well-informed questions about the operation. Beecher’s latest story also alerts Defense Secretary Melvin Laird to the bombings (Laird, whom Kissinger considers a hated rival, has been kept out of the loop on the bombings). Haig tells the FBI he suspects a “serious security violation” has taken place, and receives four new wiretaps: on Beecher; Laird’s assistant Robert Pursley; Secretary of State William Rogers’s assistant Richard Pederson; and Rogers’s deputy, William Sullivan. [Reeves, 2001, pp. 212]

Entity Tags: Melvin Laird, Alexander M. Haig, Jr., Federal Bureau of Investigation, Henry A. Kissinger, William Sullivan, Richard Pederson, William P. Rogers, William Beecher, Robert Pursley

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

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

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

President Nixon, regretting his removal of the secret tape recorders in the White House left behind by former president Lyndon Johnson, orders the installation of a sophisticated, secret taping system in the Oval Office and Cabinet Room, which will, when activated, record every spoken word and telephone conversation in either chamber (see July 13-16, 1973). The Oval Office’s microphones will be voice-activated; the Cabinet Room’s with a switch. Nixon orders his chief of staff H. R. Haldeman to see to the installation, and to keep it extremely quiet. Haldeman delegates the installation to aides Lawrence Higby and Alexander Butterfield. Haldeman decides the Army Signal Corps should not install the system because someone in that group might report back to the Pentagon; instead he has the Secret Service’s technical security division install it. The work is done late at night; five microphones are embedded in Nixon’s Oval Office desk, and two more in the wall light fixtures on either side of the fireplace, over the couch and chairs where Nixon often greets visitors. All three phones are wiretapped. By February 16, the system in both chambers is in place. All conversations are recorded on Sony reel-to-reel tape recorders, with Secret Service agents changing the reels every day and storing the tapes in a small, locked room in the Executive Office Building. [Reeves, 2001, pp. 305]

Entity Tags: Lyndon B. Johnson, Alexander Butterfield, Richard M. Nixon, H.R. Haldeman, US Army Signal Corps, US Secret Service

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

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

Frederick LaRue.Frederick LaRue. [Source: Spartacus Educational]Two White House aides, Frederick LaRue and G. Gordon Liddy, attend a meeting of the Nixon presidential campaign, the Committee to Re-elect the President (CREEP), where it is agreed that the organization will spend $250,000 to conduct an “intelligence gathering” operation against the Democratic Party for the upcoming elections. [Spartacus Schoolnet, 8/2007] The members decide, among other things, to plant electronic surveillance devices in the Democratic National Committee (DNC) headquarters (see April-June 1972). LaRue is a veteran of the 1968 Nixon campaign (see November 5, 1968), as is Liddy, a former FBI agent. [Spartacus Schoolnet, 8/2007; Spartacus Schoolnet, 8/2007] LaRue decides to pay the proposed “Special Investigations Unit,” later informally called the “Plumbers” (see Late June-July 1971), large amounts of “hush money” to keep them quiet. He tasks former New York City policeman Tony Ulasewicz with arranging the payments. LaRue later informs another Nixon aide, Hugh Sloan, that LaRue is prepared to commit perjury if necessary to protect the operation. A 1973 New York Times article will call LaRue “an elusive, anonymous, secret operator at the highest levels of the shattered Nixon power structure.” [Spartacus Schoolnet, 8/2007] The FBI will later determine that this decision took place between March 20 and 30, 1972, not 1971 (see March 20-30, 1972). In this case, the FBI timeline is almost certainly in error, since the “Plumbers” break-in of the offices of Daniel Ellsberg’s psychiatrist came well before this date (see September 9, 1971).

Entity Tags: Hugh Sloan, Tony Ulasewicz, Frederick LaRue, ’Plumbers’, Committee to Re-elect the President, Democratic National Committee, G. Gordon Liddy

Timeline Tags: Nixon and Watergate, Elections Before 2000

Category Tags: Government Acting in Secret, Other Surveillance

At the behest of President Nixon (see June 15, 1971), the Justice Department files a motion with the US District Court in New York requesting a temporary restraining order and an injunction against the New York Times to prevent further publication of articles stemming from the “Pentagon Papers” (see June 13, 1971). The landmark case of New York Times Company v. United States begins. The government’s argument is based on the assertion that the publication of the documents jeopardizes national security, makes it more difficult to prosecute the Vietnam War, and endangers US intelligence assets. The Times will base its defense on the principles embodied in the First Amendment, as well as the argument that just because the government claims that some materials are legitimately classified as top secret, this does not mean they have to be kept out of the public eye; the Times will argue that the government does not want to keep the papers secret to protect national security, but instead to protect itself from embarrassment and possible criminal charges. The court grants the temporary restraining order request, forcing the Times to temporarily stop publishing excerpts from the documents. [Herda, 1994; Moran, 2007]

Entity Tags: New York Times, Richard M. Nixon, US Department of Justice

Timeline Tags: Nixon and Watergate

Category Tags: Court Procedures and Verdicts, Government Classification

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

Jack Caulfield’s White House ID card.Jack Caulfield’s White House ID card. [Source: Watergate.com]A staff aide to President Nixon, former New York City police detective Jack Caulfield, develops a broad plan for launching an intelligence operation against the Democrats for the 1972 re-election campaign, “Operation Sandwedge.” The original proposal, as Caulfield will later recall, is a 12-page document detailing what would be required to create an “accurate, intelligence-assessment capability” against not just the Democrats but “also to ensure that the then powerful anti-war movement did not destroy Nixon’s public campaign, as had been done to Hubert Humphrey in 1968” (see November 5, 1968). Sandwedge is created in anticipation of the Democrats mounting their own political espionage efforts, which Caulfield and other Nixon aides believe will use a private investigations firm, Intertel, headed by former Justice Department officials loyal to former Attorney General Robert F. Kennedy. Caulfield will later recall, “Intertel represented, in my opinion, the potential for both formidable and sophisticated intelligence opposition tactics in that upcoming election campaign.” Sandwedge is turned down by senior White House aides in favor of the “Special Investigation Unit” (see March 20, 1971 and September 29, 1972) headed by G. Gordon Liddy. Caulfield resigns from the White House shortly thereafter. He will later call the decision not to implement “Sandwedge” a “monumental” error that “rapidly created the catastrophic path leading directly to the Watergate complex—and the president’s eventual resignation.” Caulfield has little faith in Liddy, considering him an amateurish blowhard with no real experience in intelligence or security matters; when White House counsel John Dean asks him for his assessment of Liddy’s ability to run such an operation, he snaps, “John, you g_ddamn well better have him closely supervised” and walks out of Dean’s office. Caulfield later writes, “I, therefore, unequivocally contend that had there been ‘Sandwedge’ there would have been no Liddy, no Hunt, no McCord, no Cubans (see 2:30 a.m.June 17, 1972) and, critically, since I had personally decided to negate, while still on the White House staff, a developing intelligence interest by Dean in the Watergate’s Democratic National Committee offices, seven months prior to the break-in! NO WATERGATE!” [John J. 'Jack' Caulfield, 2006; Spartacus Schoolnet, 8/2007]

Entity Tags: Robert F. Kennedy, John J. ‘Jack’ Caulfield, Hubert H. Humphrey, John Dean, G. Gordon Liddy, Richard M. Nixon

Timeline Tags: Nixon and Watergate, Elections Before 2000

Category Tags: Government Acting in Secret, Government Classification, Other Surveillance

The Federal Advisory Committee Act (FACA) becomes law. The act is designed to regulate the operation of advisory committees, and includes an open meeting requirement. [Roberts, 2008, pp. 10] The idea behind the law is to curtail the back-room decision-making that has become a hallmark of recent presidencies. [US Congress, 1994; Federal Interagency Databases Online, 2008]

Entity Tags: Federal Advisory Committee Act

Category Tags: Other Legal Changes, Government Acting in Secret

Gemstone file envelope.Gemstone file envelope. [Source: MedLibrary.org]“Plumber” G. Gordon Liddy lays out an elaborate $1 million proposal for a plan for political espionage and campaign “dirty tricks” he calls “Operation Gemstone” to Attorney General John Mitchell. Mitchell is preparing to leave his post to head the Committee to Re-elect the President (CREEP—see March 1, 1972). “Gemstone” is a response to pressure from President Nixon to compile intelligence on Democratic candidates and party officials, particularly Democratic National Committee chairman Lawrence O’Brien. Liddy gives his presentation with one hand bandaged—he had recently charred it in a candle flame to demonstrate the pain he was willing to endure in the name of will and loyalty. Sub-operations such as “Diamond,” “Ruby,” and “Sapphire” engender the following, among other proposed activities:
bullet disrupt antiwar demonstrators before television and press cameras can arrive on the scene, using “men who have worked successfully as street-fighting squads for the CIA” [Reeves, 2001, pp. 429-430] or what White House counsel John Dean, also at the meeting, will later testify to be “mugging squads;” [Time, 7/9/1973]
bullet kidnap, or “surgically relocate,” prominent antiwar and civil rights leaders by “drug[ging” them and taking them “across the border;”
bullet use a pleasure yacht as a floating brothel to entice Democrats and other undesirables into compromising positions, where they can be tape-recorded and photographed with what Liddy calls “the finest call girls in the country… not dumb broads but girls who can be trained and photographed;”
bullet deploy an array of electronic and physical surveillance, including chase planes to intercept messages from airplanes carrying prominent Democrats. [Reeves, 2001, pp. 429-430]
Dean, as he later testifies, is horrified at the ideas. [Time, 7/9/1973] Mitchell seems more amused than anything else at Liddy’s excesses, he merely says that “Gemstone” is “not quite what I had in mind.” He tells Liddy and Liddy’s boss, CREEP deputy director Jeb Stuart Magruder, to come back with a cheaper and more realistic proposal. [Reeves, 2001, pp. 429-430]

Entity Tags: John Mitchell, John Dean, Committee to Re-elect the President, G. Gordon Liddy, Jeb S. Magruder, Lawrence O’Brien, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

According to the FBI’s Watergate investigation, John Mitchell, the director of the Committee to Re-elect the President (CREEP), and his aide Jeb Stuart Magruder discuss the proposal made by G. Gordon Liddy to plant electronic surveillance devices on the phone of the chairman of the Democratic Party, Lawrence O’Brien (see March 20, 1971). Magruder telephones President Nixon’s chief of staff, H. R. Haldeman, and Haldeman confirms that Nixon wants the operation carried out. [Spartacus Schoolnet, 8/2007] On March 30, in a meeting held in Key Biscayne, Florida, Mitchell, the former Attorney General (see March 1, 1972), approves the plan and its budget of approximately $250,000. [O.T. Jacobson, 7/5/1974 pdf file] Other sources list this decision as coming almost a year earlier (see March 20, 1971). In this case, the FBI timeline is almost certainly in error, since the “Plumbers” break-in of the offices of Daniel Ellsberg’s psychiatrist came well before this date (see Late June-July 1971 and September 9, 1971).

Entity Tags: Jeb S. Magruder, Federal Bureau of Investigation, Committee to Re-elect the President, G. Gordon Liddy, H.R. Haldeman, Lawrence O’Brien, Richard M. Nixon, John Mitchell

Timeline Tags: Nixon and Watergate

Category Tags: Government Acting in Secret, Other Surveillance

President Richard M. Nixon reorganizes the Office of Civil Defense (OCD), which is responsible for parts of the federal government’s emergency civil defense and continuity of government plans, into a new organization within the Department of Defense called the Defense Civil Preparedness Agency (DCPA). The DCPA, according to the Department of Defense, “will provide preparedness assistance planning in all areas of civil defense and natural disasters. The goals of the DCPA are to provide an effective national civil defense program and planning guidance to state and local governments in their achievement of total disaster preparedness.” [Virgin Islands Daily News, 5/9/1972, pp. 6; B. Wayne Blanchard, 2/5/2008]

Entity Tags: Office of Civil Defense, Richard M. Nixon

Category Tags: Continuity of Government

Frank Sturgis, one of the Watergate burglars.Frank Sturgis, one of the Watergate burglars. [Source: Bettmann / Corbis]A covert unit of President Nixon’s “Plumbers” installs surveillance equipment in the headquarters of the Democratic National Committee in Washington’s Watergate hotel and office complex. The Washington police report an attempt to unscrew a lock on the door of the Committee’s office between 11 p.m. and 8 a.m., but do not know as yet who tried to force the lock. Some of the five men caught burglarizing the same offices six weeks later (see 2:30 a.m.June 17, 1972) are currently registered at the Watergate Hotel, according to subsequent police investigations. [Washington Post, 6/18/1972; Gerald R. Ford Library and Museum, 7/3/2007]
Change of Plans - According to one of the burglary team (see April-June 1972), Eugenio Martinez, the original plan centers on a fake “banquet” in the Watergate hotel for their fake company, the Ameritus Corporation, to be held in a private dining room that has access to the elevators. While team leader and White House aide E. Howard Hunt hosts the banquet, Martinez and the other burglars will use the elevator to go to the DNC offices and “complete the mission.” Virgilio Gonzalez, a locksmith, will open the door; Frank Sturgis, Reinaldo Pico, and Felipe de Diego will act as lookouts; Bernard Barker will get the documents; Martinez will take photographs; and James McCord will “do his job,” apparently involving electronics that Martinez does not understand.
First Time Failure - Apparently they do not follow their plan. Instead, Hunt and the seven members of what Martinez calls “McCord’s army” enter the Watergate complex at midnight, and they enter and sign in under the eye of a policeman. McCord explains that they are all going to work at the Federal Reserve offices on the eighth floor, an explanation Martinez feels is shaky. They are unable to get in through the doors of the sixth floor, and are forced to cancel the operation. Martinez recalls that while the others attempt to get in to the sixth floor, McCord is busy doing something else on the eighth floor; at 2 a.m., he sees McCord on the eighth floor talking to two guards. What McCord is doing, Martinez does not know. “I did not ask questions, but I thought maybe McCord was working there,” he will later recall. “It was the only thing that made sense. He was the one who led us to the place and it would not have made sense for us to have rooms at the Watergate and go on this operation if there was not someone there on the inside.” Hunt is furious at the failure to get into the DNC offices, and reschedules the operation for the next night. Gonzales flies to Miami and brings back his entire set of lockpicking tools. Martinez questions the laxity of the plan—the lack of floor plans, information about the elevators, knowledge of the guards’ schedules, and no contingency plans for failure. Hunt tells him, through Barker: “You are an operative. Your mission is to do what you are told and not to ask questions.”
Success - The second try is successful. Gonzalez and Sturgis get through the doors and usher everyone in, with one of them calling over their walkie-talkie, “The horse is in the house.” Martinez recalls taking “thirty or forty” photographs of campaign contributor documents, and McCord plants three phone taps, telling the others that while the first two might be discovered, the third will not. They return to their hotel rooms about 5 a.m. [Harper's, 10/1974]

Entity Tags: Reinaldo Pico, US Federal Reserve, Richard M. Nixon, Felipe de Diego, Democratic National Committee, Bernard Barker, ’Plumbers’, Frank Sturgis, James McCord, E. Howard Hunt, Eugenio Martinez

Timeline Tags: Nixon and Watergate, Elections Before 2000

Category Tags: Government Acting in Secret, Other Surveillance

Alfred Baldwin.Alfred Baldwin. [Source: Spartacus Educational]After the “Plumbers” successfully install surveillance devices in the Watergate offices of the Democratic National Committee (see May 27-28, 1972), one of their associates, Alfred Baldwin—also an employee of the Nixon campaign—begins monitoring spoken and telephone conversations taking place inside the Democrats’ offices. [O.T. Jacobson, 7/5/1974 pdf file]

Entity Tags: Alfred Baldwin, Democratic National Committee, ’Plumbers’, Committee to Re-elect the President

Timeline Tags: Nixon and Watergate

Category Tags: Other Surveillance, Government Acting in Secret

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

President Nixon eliminates the Office of Emergency Preparedness (OEP), and transfers its functions to the General Services Administration (GSA) and the Department of Housing and Urban Development (HUD). The GSA will take over the agency’s civil defense, continuity of government, resource management, and other emergency preparedness functions, while HUD will be responsible for disaster preparedness and relief. [Message of the President, 1/26/1973; Richard M. Nixon, 6/27/1973 pdf file; Wing and Walton, 1/1980, pp. 35; B. Wayne Blanchard, 2/5/2008, pp. 18] Similar emergency planning responsibilities are held by the Defense Civil Preparedness Agency, which was established by Nixon within the Department of Defense in May 1972 (see May 5, 1972).

Entity Tags: US Department of Housing and Urban Development, Office of Emergency Preparedness (1968-1973), Richard M. Nixon, General Services Administration

Category Tags: Continuity of Government

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

President Ford, weighing whether or not to sign into law a set of amendments strengthening the Freedom of Information Act (FOIA—see January 1974 - September 1974), is given a memo by aide Ken Cole. In it, Cole writes: “There is little question that the legislation is bad on the merits, the real question is whether opposing it is important enough to face the political consequences. Obviously, there is a significant political disadvantage to vetoing a Freedom of Information bill, especially just before an election, when your administration’s theme is one of openness and candor.” [National Security Archive, 11/23/2004] Ford will veto the bill, but Congress will override his veto (see November 20-21, 1974).

Entity Tags: Gerald Rudolph Ford, Jr, Ken Cole

Category Tags: Other Legal Changes, Government Acting in Secret

The Freedom of Information Act (FOIA), passed in 1966, is significantly strengthened by a series of amendments (see January 1974 - September 1974) which become law over President Ford’s veto. Ford initially wanted to sign the bill as soon as it came to his desk from Congress, but was persuaded to veto it by Chief of Staff Donald Rumsfeld, Defense Secretary Dick Cheney, and the head of the Justice Department’s Office of Legal Counsel, Antonin Scalia. Rumsfeld and Cheney argued that the bill would promote leaks to the media from within the administration, and Scalia wrote a brief judging that the bill was unconstitutional. But Congress, weary of opposition after almost 11 years of investigations, reports, and hearings (and out of patience with executive foot-dragging after the Watergate investigations), is ready to pass the bill. The House of Representatives votes overwhelmingly to override Ford’s veto by a 371-31 vote. The Senate votes to override the veto 65-27. As a result, government attempts to hinder FOIA requests—subjecting requesters to unusual delays, charging requesters exorbitant prices for copying and searching, subjecting requesters to bureaucratic run-arounds, mixing confidential and exempt materials with non-exempt materials and using that juxtaposition to refuse to release materials, and forcing requesters to file costly lawsuits to force compliance—will be markedly constrained. [National Security Archive, 11/23/2004; Roberts, 2008, pp. 10]

Entity Tags: Donald Rumsfeld, Freedom of Information Act, Antonin Scalia, Richard (“Dick”) Cheney, Gerald Rudolph Ford, Jr

Category Tags: Other Legal Changes, Government Acting in Secret

Trans World Airlines Flight 514, a Boeing tri-jet 727 carrying 85 passengers and seven crew members from Columbus, Ohio, to Washington, DC, prematurely descends and slams into a 2,000-foot-high peak in the Blue Ridge Mountains, approximately 50 miles west of the nation’s capital. All 92 people on board are killed. The crash occurs near a highly classified underground installation known as Mount Weather. The incident will draw significant public attention to the secret bunker for the first time since its construction in the 1950s (see 1952-1958). A federal spokesman will refuse to answer questions regarding the complex, but will say the facility is run by the Office of Preparedness, which is responsible for “continuity of government in a time of national disaster.” The Office of Preparedness was formally known as the Office of Emergency Preparedness (see October 28, 1969).
Misunderstanding Blamed for Crash - The National Transportation Safety Board will later rule by split decision that the crash was caused by a misinterpreted instruction given to the pilots by an air traffic controller at Dulles International Airport. The controller alerted the pilots that the flight was “cleared for approach,” which the flight crew incorrectly assumed gave them a clear path to descend to 1,800 feet. Experts will tell the NTSB that the phrase “cleared for approach” is open to misunderstanding. Three of the five board members will fault the plane crew for misinterpreting the command, while the other two will place responsibility on the air traffic controller for not specifically telling the flight to maintain its altitude. [Associated Press, 12/2/1974; Associated Press, 1/22/1976; Emerson, 8/7/1989]

Entity Tags: Mount Weather, Washington Dulles International Airport, National Transportation Safety Board, Trans World Airlines

Category Tags: Continuity of Government, Government Acting in Secret

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

The Federal Preparedness Agency, later renamed the Federal Emergency Management Agency (FEMA), has its own domestic surveillance system in place, according to an investigation by Senator John Tunney (D-CA). He finds that the agency is maintaining electronic dossiers on at least 100,000 Americans that contain information gleaned from wide-ranging computerized surveillance. The database is located in the agency’s secret underground city at Mount Weather, near Bluemont, Virginia. The senator’s findings will be confirmed in a 1976 investigation by the Progressive magazine, which will find that the Mount Weather computers “can obtain millions of pieces [of] information on the personal lives of American citizens by tapping the data stored at any of the 96 Federal Relocation Centers”—a reference to other classified facilities. According to the Progressive, Mount Weather’s databases are run “without any set of stated rules or regulations. Its surveillance program remains secret even from the leaders of the House and the Senate.” [Radar, 5/2008]

Entity Tags: John Tunney, Federal Preparedness Agency

Category Tags: Continuity of Government, Database Programs

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

Map of the Cambodian coast showing the island of Koh Tang.Map of the Cambodian coast showing the island of Koh Tang. [Source: American Merchant Marine at War]A US cargo ship, the SS Mayaguez, is seized by the Cambodian navy in the Gulf of Siam. Secretary of State Henry Kissinger urges retaliatory action to punish the Cambodians and retake the ship, arguing that the US must let the Communist forces in Southeast Asia know that, even though the US has withdrawn from South Vietnam, the US would defend itself and its interests. President Ford agrees. Without asking or even consulting Congress, Ford, calling the capture of the Mayaguez an “act of piracy,” orders US Marines to attack Cambodian warships and storm the island of Koh Tang (sometimes spelled Kaoh Tang) where the crew of the Mayaguez is believed to be held prisoner. On May 15, some 180 Marines storm the island in a helicopter assault, with light air support. [American Merchant Marine at War, 6/5/2000; Savage, 2007, pp. 31-33]
Violation of Constitution, Law - Ford briefs Congressional leaders after the fact; the leaders agree that the attack is the right decision, but sharply disagree with how Ford carried out the decision. A 1971 law prohibits the use of ground forces in Cambodia, and the 1973 War Powers Resolution requires advance consultation with Congress “in every possible instance.” Speaker of the House Carl Albert (D-OK) reminds Ford, “There are charges on the floor [of the House] that you have violated the law.” And Senate Majority Whip Robert Byrd (D-WV) asks why Ford did not inform Congressional leaders before ordering the attacks, saying, “I’m for getting the ship back, but I think you should have given them a chance to urge caution.” Ford replies: “It is my constitutional responsibility to command the forces and to protect Americans.… We have a separation of powers. The president is the commander in chief so long as he is within the law. I exercised my power under the law and I complied with the law. I would never forgive myself if the Marines had been attacked.”
'Nerve and Steel' - The Mayaguez and her crew are recovered, and Ford’s decision is hailed by media outlets such as Newsweek as a “daring show of nerve and steel,” a “classic show of gunboat diplomacy,” and “a four star political and diplomatic victory.… It was swift and tough—and it worked.” [Savage, 2007, pp. 31-33]
Facts Far Different from Initial Reporting - But subsequent information shows that the initial reports of the US military action were false. The government will claim that one Marine died and 13 were wounded in the invasion of the Cambodian island. In reality, 40 soldiers die—15 in the initial assault (13 Marines and two Air Force soldiers), 23 Marines in a helicopter crash, and three Marines who are inadvertently left behind, captured by the Cambodians, and executed. Forty-four Marines and six Air Force soldiers are wounded. The US expected maybe two dozen Cambodian soldiers on the island, but in actuality well over 200 heavily armed and entrenched Cambodian soldiers were in place. The crew of the Mayaguez had never been on the island; the Cambodians had taken them to the mainland. And the Cambodian government had already publicly announced it was releasing the vessel and the crew before the attack began—Ford had not yet received the message when he authorized the Marine assault. Marines had stormed the Mayaguez and found no one on board; the crew was at sea in a fishing boat when the Marines launched their attack. It is never completely clear why the ruling Khmer Rouge releases the crew so quickly; some speculate intervention by China or Israel. But the facts of the incident, and the unexpectedly large number of deaths and injuries, are submerged in a wave of patriotic fervor that sweeps the country. A Ford administration official will later admit to Newsweek that the operation had been “the sheerest sort of jingoism,” but, he will argue, it worked to perfection, “and nobody challenges success.” Overwhelmed by the outpouring of public support for Ford and the “rescue” of the Mayaguez, Congress quickly shelves its objections to Ford’s usurpation of Constitutional principles. In 2007, reporter and author Charlie Savage will write, “The Mayaguez incident revealed just how difficult it would be for Congress to rein in a president once troops were committed.” [American Merchant Marine at War, 6/5/2000; Savage, 2007, pp. 31-33]

Entity Tags: Charlie Savage, Carl Albert, Robert C. Byrd, Gerald Rudolph Ford, Jr, Ford administration, Henry A. Kissinger

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

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

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

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

By administrative order, the Federal Preparedness Agency (FPA) is established within the General Services Administration (GSA) to oversee federal planning for potential national emergencies. The agency will focus on civil defense, continuity of government, and resource management, responsibilities that were transferred to the GSA by President Nixon in 1973 (see July 1, 1973). [Wing and Walton, 1/1980, pp. 35]

Entity Tags: Federal Preparedness Agency, General Services Administration

Category Tags: Continuity of Government

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

The Federal Emergency Management Agency (FEMA) is established to oversee federal planning for natural disasters, nuclear accidents, terrorist attacks, and other potential emergencies. The Carter Administration sought the creation of FEMA after the nation’s emergency response plans came under strong criticism for being disorganized and spread across numerous bureaucratic agencies. Pursuant to Reorganization Plan No. 3 of 1978 and Executive Order 12127, FEMA will now consolidate several disaster and emergency preparedness agencies into a single agency within the executive branch. FEMA will incorporate the Defense Civil Preparedness Agency, the Federal Preparedness Agency, the Federal Insurance Administration, the Federal Disaster Assistance Administration, the National Fire Prevention and Control Administration, the National Fire Academy, and the Community Preparedness Program. It will also take over several programs formally run out of the Executive Office of the President, including those pertaining to earthquake preparedness, management of terrorist attacks, dam safety, and the nation’s emergency warning and broadcasting systems. [United Press International, 5/9/1977; Message of the President, 6/19/1978; President Jimmy Carter, 3/31/1979; B. Wayne Blanchard, 2/5/2008, pp. 23-24]

Entity Tags: Federal Preparedness Agency, Defense Civil Preparedness Agency, Federal Emergency Management Agency

Category Tags: Continuity of Government

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

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

Category Tags: Continuity of Government, Government Acting in Secret

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

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

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

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

Category Tags: Continuity of Government, Government Acting in Secret

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

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

Advisers to presidential candidate Ronald Reagan obtain stolen confidential briefing books that were meant to prepare opponent Jimmy Carter for an upcoming debate. The documents are allegedly passed from campaign manager and future CIA Director William Casey to top Reagan campaign aide James Baker. Reagan and his advisers presumably use the materials to gain an advantage over Carter in the nationally televised debate on October 28, 1980. Some of those behind the theft will reportedly form a secret parallel government after Reagan is elected president (see January 1980-July 1987). The theft will become publicly disclosed in 1983, causing internal strife and finger-pointing within the administration. [Chicago Tribune, 6/10/1983; Miami Herald, 7/5/1987]

Entity Tags: James Earl “Jimmy” Carter, Jr., James A. Baker, Reagan administration, Ronald Reagan, William Casey

Category Tags: Continuity of Government, Government Acting in Secret

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Category Tags: Expansion of Presidential Power, Government Acting in Secret, Government Classification, State Secrets

As a part of the plan to ensure Continuity of Government (COG) in the event of a Soviet nuclear strike or other emergency, the US government begins to maintain a database of people it considers unfriendly. A senior government official who has served with high-level security clearances in five administrations will say it is “a database of Americans, who, often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived ‘enemies of the state’ almost instantaneously.” He and other sources say that the database is sometimes referred to by the code name Main Core, and one says it was set up with help from the Defense Intelligence Agency.
Alleged Link to PROMIS - The database will be said to be linked to a system known as PROMIS, the Prosecutor’s Management Information System, over which the US government conducts a long-lasting series of disputes with the private company Inslaw. The exact connection between Main Core and PROMIS is uncertain, but one option is that code from PROMIS is used to create Main Core. PROMIS is most noted for its ability to combine data from different databases, and an intelligence expert briefed by high-level contacts in the Department of Homeland Security will say that Main Core “is less a mega-database than a way to search numerous other agency databases at the same time.”
Definition of National Emergency - It is unclear what kind of national emergency could trigger such detention. Executive orders issued over the next three decades define it as a “natural disaster, military attack, [or] technological or other emergency,” while Defense Department documents include eventualities like “riots, acts of violence, insurrections, unlawful obstructions or assemblages, [and] disorder prejudicial to public law and order.” According to one news report, even “national opposition to US military invasion abroad” could be a trigger.
How Does It Work? - A former military operative regularly briefed by members of the intelligence community will be told that the program utilizes software that makes predictive judgments of targets’ behavior and tracks their circle of associations using “social network analysis” and artificial intelligence modeling tools. “The more data you have on a particular target, the better [the software] can predict what the target will do, where the target will go, who it will turn to for help,” he will say. “Main Core is the table of contents for all the illegal information that the US government has [compiled] on specific targets.”
Origin of Data - In 2008, sources will reportedly tell Radar magazine that a “host of publicly disclosed programs… now supply data to Main Core,” in particular the NSA’s domestic surveillance programs initiated after 9/11. [Radar, 5/2008]

Entity Tags: Defense Intelligence Agency, Inslaw, Inc.

Timeline Tags: Inslaw and PROMIS

Category Tags: Continuity of Government, Database Programs

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