This has me worried.
National Security and Homeland Security Presidential Directive
NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20
Subject: National Continuity Policy
May 9, 2007
Purpose
(1) This directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. This policy establishes "National Essential Functions," prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.
Last Update: So I finally found this on YouTube, this exchange has haunted me for years. During the Oliver North questioning during the Iran/Contra fiasco, Jack Brooks D-Texas, asks about whether there was a plan to suspend the Constitution during a national crisis. He gets cut off at the pass, but if this new plan is built on top of that old plan, you can see the pickle of which I speak. So here it is, saved for prosperity, view and enjoy:
The exchange is at :50.
Update: So like I said, am I over reacting? Never said this was gospel. Some say yes, some so say, personally I am not a Constitutional Law lawyer, and wording in this directive just seemed oddly vague. And vague directives can lead to some pretty wild interpretations. There are some clauses in here that look pretty unAmerican, but may be innocuous. I know other presidents have had these plans, but this one is rather vague and rather far reaching. That is what I am saying. I want some clarification on the exact meaning and intent here. Plus, no other President had the Department of Homeland Security involved because it is brand new, which is a rather new national police force at his disposal. This adds a lot more chips to the pot.
So in my dream last night, after I posted this basically to soak the pot hoping for some legal buff to see and was surprised when I saw it on the rec list when I got back from brunch, I was on a boat float on the Potomac with Ben Franklin. Obviously, the heavy googling and wiking had heavily affected the theme of my dream, and Ben Franklin is my favorite American political figure. So we were on the boat floating, and we were talking about the lack of a keel and our willy nilly course. And this is the part I remembered when I woke up and wrote down. Ben said, "It is the river that directs the boat, the passions of the people are the current."
So when I wrote that down this morning before running off to eat, I noted that it is the American people's passion that is the current of the river, and our social contract the boat. Now where the boat goes is really up to the people at the end of the day, either floating gracefully along happy brooks along pastures, or on the rocks of a cliff-laden shore. Really depends on us.
And like I said, I put this out there to get opinions of more adept people than myself and googling, think of it as dropping a crab pot and letting is soak overnight on the deadliest catch. And I just realized it was pulling in a lot of crabs, so I am dropping in this update about which why the river flows.
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Update 2: So some of my more adept friends emailed me saying I was scaring the village, but all I wanted was for a small debate about these type of Presidential Directives that have been around since the start of the Cold War. This is one of many things going we, as a people, need to sit down and carefully think out, because the vagueness and loopholes of a seemingly innocuous document may give rise to totally unintended consequences. I read all the comments below, and I'll think about it while I am fishing today. I hope you do the same. Never meant to scare the village, I meant to open a debate, at 4am, on a Saturday night, obviously never realizing that the diary would go to the top. For those interested, stripped bass are biting today on the East River. Clams seem to be the bait of choice.
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Basically the jist of below is that to save the Constitution in a time of crisis, Bush just gave himself unconstitutional powers until things have stabilized, and we all know how great Bush is at stabilizing things. Basically, we must burn the village to save it!
First off from above, Private Sector? Really? That seems a little over reaching.
Especially since:
(b) "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions;
So basically, when the next 9-11 or Katrina hits, the National Essential Functions goes into effect. But what about economy? Say the other international shoe drops and they change the petro dollar to the petro euro, does that count as a catastrophic emergency? What if China calls in our debt, does that count?
And why am I so concerned?
d) "Continuity of Operations," or "COOP," means an effort within individual executive departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;
So, another Class-5 hurricane comes to town, and this time it's looking at Miami, and snarling. This directive will go into effect.
Which is why I am really concerned:
(e) "Enduring Constitutional Government," or "ECG," means a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers among the branches, to preserve the constitutional framework under which the Nation is governed and the capability of all three branches of government to execute constitutional responsibilities and provide for orderly succession, appropriate transition of leadership, and interoperability and support of the National Essential Functions during a catastrophic emergency;
The President will lead all three branches? Really? Sounds like an emperor to me. And if you don't think that this cleverly worded paragraph does not mean that, think about the latest antics of one Alberto Gonzales.
Some more scary stuff in this directive:
(g) Protecting and stabilizing the Nation's economy and ensuring public confidence in its financial systems;
Again, Bush takes over, err, corrdinates all three branches if the dollar collapses? I am sure this is exactly what the Founding Fathers had in mind.
(6) The President shall lead the activities of the Federal Government for ensuring constitutional government. In order to advise and assist the President in that function, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT) is hereby designated as the National Continuity Coordinator. The National Continuity Coordinator, in coordination with the Assistant to the President for National
That is just a little bit disturbing. To say the least.
(9) Recognizing that each branch of the Federal Government is responsible for its own continuity programs, an official designated by the Chief of Staff to the President shall ensure that the executive branch's COOP and COG policies in support of ECG efforts are appropriately coordinated with those of the legislative and judicial branches in order to ensure interoperability and allocate national assets efficiently to maintain a functioning Federal Government.
Yes, interoperability. Here I was thinking that the other branches would just go with their continuity programs instead of having to yield to President Bush. Yes, in an emergency, the best thing to have are two plans, and since Bush will be co-ordinating, I wonder which, given his track record, he will choose. I wonder...
(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 ("Enduring Constitutional Government and Continuity of Government Operations"), including all Annexes thereto, is hereby revoked.
So, Clinton's Plan, it's now in the dustbin, just in case you were wondering.
And now, AND NOW, for the kicker, Bush never intended for you to ever hear about him now being in charge of all three branches of government when a hurricane hits or we have an economic crisis:
(24) Security. This directive and the information contained herein shall be protected from unauthorized disclosure, provided that, except for Annex A, the Annexes attached to this directive are classified and shall be accorded appropriate handling, consistent with applicable Executive Orders.
Maybe I am over reacting, any Constitutional Law buffs out there?
Did Bush just say during a crisis he will now control all three branches?
Because you know, hurricane season is jsut around the corner, and I am concerned, and some might say a concern troll , I am just enjoying the debate.