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An influential lobby group is asking the US government to basically consider open source as the equivalent of piracy - or even worse. It turns out that the International Intellectual Property Alliance ... has requested with the US Trade Representative to consider countries like Indonesia, Brazil and India for its "Special 301 watchlist" because they use open source software. What's Special 301? It's a report that examines the "adequacy and effectiveness of intellectual property rights" around the planet - effectively the list of countries that the US government considers enemies of capitalism. It often gets wheeled out as a form of trading pressure - often around pharmaceuticals and counterfeited goods - to try and force governments to change their behaviours. Most FOSS [Free Open Source Software] isn't state-owned: it just takes price elasticity to its logical conclusion and uses free as a stick to beat its competitors with (would you ever accuse Google, which gives its main product away for free, of being anti-capitalist?). Governments don't even need to pass legislation. Even a recommendation can be enough. Last year the Indonesian government sent around a circular to all government departments and state-owned businesses, pushing them towards open source. But the IIPA suggested that Indonesia deserves Special 301 status because encouraging (not forcing) such takeup "weakens the software industry" and "fails to build respect for intellectual property rights."
Israel's Supreme Court has ordered the military to let Palestinians use a road that runs through the West Bank. Palestinians were barred from the Jerusalem to Tel Aviv Highway 443 in 2002 when militants shot dead a number of Israelis in their cars. The case was brought by Palestinians who live in the villages along the 12.5-mile (20-km) West Bank section of the road. Human rights groups hailed the decision saying it was "a huge victory". The court said the military did not have the authority to impose the kind of sweeping limitation that "in effect transforms the road into a route designed for 'internal' Israeli traffic alone". The road was built on land appropriated from the villagers. But villagers are prevented from getting on the highway by concrete barricades and military checkpoints along its length. The military have five months to implement the ruling and dismantle the barriers. It is the second time in recent months the court has ordered the military to open roads to Palestinians. The Association for Civil Rights in Israel, which provided legal representation to the Palestinians, said it was "a huge victory". But the ruling was condemned by Israeli right-wingers.
In spring 2007, as one of many American air travelers who were inconvenienced when our names popped up on a federal "watch list," I never could get straight answers from my government. Was this a mistake, or was I being flagged for some reason? How many Americans were on that watch list? What were the criteria for getting on it? I filed my appeal with the Department of Homeland Security's Travel Redress Inquiry Program (TRIP). The Department of Homeland Security received 75,315 requests for redress under the TRIP program as of Oct. 31. Of those requests, 49,826 have been adjudicated, 7,217 are under review, and 18,272 are awaiting supporting documentation, according to the DHS. "Absolutely, the system didn't work as well as it should have," said Suzanne Trevino, a spokeswoman for the Transportation Security Administration. Once an airline receives a passenger's control number, along with full name, date of birth and gender, that information is transmitted to the government for clearance. Fewer than 2,500 known and suspected terrorists are actually on the "no fly" list, according to Trevino. And less than 10 percent of them are Americans. [Yet] the FBI's Terrorist Screening Center has acknowledged that its watch list has more than 1 million entries of names and aliases representing about 400,000 people [with] with an average of 1,600 people who presented a "reasonable suspicion" being added every day.
Note: For many revealing reports from major media sources on the worsening threats to civil liberties, click here.
Police ordered protesters to disperse at the Group of 20 summit last week with a device that can beam earsplitting alarm tones and verbal instructions that the manufacturer likens to a "spotlight of sound," but that legal groups called potentially dangerous. The device, called a Long Range Acoustic Device, concentrates voice commands and a car alarm-like sound in a 30- or 60-degree cone that can be heard nearly two miles away. The volume measures 140-150 decibels three feet away – louder than a jet engine. During the Pittsburgh protests, police used the device to order demonstrators to disperse and to play a high-pitched "deterrent tone" designed to drive people away. It was the first time the device was used in a riot-control situation on U.S. soil. Those who heard it said ... the "deterrent tone" as unbearable. Joel Kupferman, who was at Thursday's march as a legal observer for the National Lawyer's Guild, said he was overwhelmed by the tone and called it "overkill." "When people were moving and they still continued to use it, it was an excessive use of weaponry," Kupferman said. Witold "Vic" Walczak, legal director for the American Civil Liberties Union in Pennsylvania, said the device is a military weapon capable of producing permanent hearing loss, something he called "an invitation to an excessive-force lawsuit." Catherine Palmer, director of audiology at the University of Pittsburgh Medical Center, said 140 decibels can cause immediate hearing loss. ["Public safety"] officials said the complaints prove the device worked as designed.
Note: To watch a disturbing 10-minute clip of the use of this weapon at the G-20 meeting, click here. For many revealing reports from major media sources on increasing threats to civil liberties, click here.
The Obama administration is fighting on multiple fronts - in courts in San Francisco, Washington and London - to keep an official veil of secrecy over the treatment of a former prisoner who says he was tortured at Guantanamo Bay. The administration has asked a federal appeals court in San Francisco to reconsider its ruling allowing Binyam Mohamed and four other former or current prisoners to sue a Bay Area company for allegedly flying them to overseas torture chambers for the CIA. Most recently, a British government lawyer told her nation's High Court last month that Secretary of State Hillary Rodham Clinton had threatened to limit U.S. intelligence-sharing with Great Britain if the court disclosed details of Mohamed's treatment in Guantanamo. The British court declared in August 2008 that there was evidence Mohamed had been tortured, but deleted the details from its public version of the ruling at the Bush administration's insistence. Mohamed, 30, an Ethiopian refugee and British resident, ... and four other men have sued Jeppesen Dataplan, a San Jose subsidiary of the Boeing Co., for its alleged role in arranging their flights for the CIA. A Council of Europe report in 2007 described Jeppesen as the CIA's aviation services provider. The Ninth U.S. Circuit Court of Appeals in San Francisco reinstated the suit in April, rejecting arguments originally made by the Bush administration that the case posed grave risks to national security. Obama administration lawyers endorsed those arguments at a hearing in February and have asked the court for a rehearing. Mohamed's lawyers, Clive Stafford Smith and Ahmad Ghappour of the British human-rights group Reprieve, were threatened with jail after drafting a letter to Obama in February urging him to release the evidence of their client's treatment in U.S. custody or to authorize Britain to do so.
Note: For many illuminating reports from major media sources on government secrecy, click here.
The Bush administration built an unprecedented surveillance operation to pull in mountains of information far beyond the warrantless wiretapping previously acknowledged, a team of federal inspectors general reported Friday, questioning the legal basis for the effort but shielding almost all details on grounds they're still too secret to reveal. The report, compiled by five inspectors general, refers to "unprecedented collection activities" by U.S. intelligence agencies under an executive order signed by President George W. Bush after the Sept. 11, 2001, terror attacks. Just what those activities involved remains classified, but the IGs pointedly say that any continued use of the secret programs must be "carefully monitored." The report says too few relevant officials knew of the size and depth of the program, let alone signed off on it. They particularly criticize John Yoo, a deputy assistant attorney general who wrote legal memos undergirding the policy. His boss, Attorney General John Ashcroft, was not aware until March 2004 of the exact nature of the intelligence operations beyond wiretapping that he had been approving for the previous two and a half years, the report says. Most of the intelligence leads generated under what was known as the "President's Surveillance Program" did not have any connection to terrorism, the report said. The only piece of the intelligence-gathering operation acknowledged by the Bush White House was the wiretapping-without-warrants effort. Although the report documents Bush administration policies, its fallout could be a problem for the Obama administration if it inherited any or all of the still-classified operations.
Note: For many disturbing reports on increasing threats to privacy under the pretext of protection against terrorism, click here.
School-age children will be a key target population for a pandemic flu vaccine in the fall, and they may be vaccinated at school in a mass campaign not seen since the polio epidemics of the 1950s. The federal government should get about 100 million doses of vaccine by mid-October, if the current production by five companies goes as planned. But enough vaccine for wide use by the 120 million people especially vulnerable to the newly emerged strain of H1N1 influenza virus will not be available until later in the fall. Those were among the messages administration officials delivered to about 500 state, territorial, city and tribal health officials yesterday at a "flu summit" at the National Institutes of Health's Bethesda campus. President Obama, speaking by audio link from the Group of Eight summit in L'Aquila, Italy, urged "complete ownership" of preparations for what he termed a "significant outbreak" of H1N1 flu in the next few months. "We want to make sure that we are not promoting panic, but we are promoting vigilance and preparation," he said. He added that "the most important thing for us to do is to make sure that state and local officials prepare now to implement a vaccination program in the fall." Children, pregnant women, adults with chronic illnesses, and health-care workers would probably be first in line for the vaccine, Health and Human Services Secretary Kathleen Sebelius told the gathering. Education Secretary Arne Duncan said "we would absolutely welcome" the idea that the nation's schools be a principal venue for delivering the vaccine. He called them "natural sites" and said that "to open our doors and be part of the solution really makes sense."
Note: The fear-mongering and vaccination plan continues. Note the Post's claim that "more than 1 million Americans have become ill from it." Where did they get this number? The CDC website at this link as of July 10th claims around 40,000 cases in the US. Could this mistake have been intentional? For lots more on this, see this link. And to watch a powerful segment from CBS 60 Minutes showing how government propoganda killed and maimed thousands during the swine flu scare of 1976, click here.
The Federal Bureau of Investigation has incorrectly kept nearly 24,000 people on a terrorist watch list on the basis of outdated or sometimes irrelevant information. By the beginning of 2009, the report said, this consolidated government watch list comprised about 400,000 people, recorded as 1.1 million names and aliases, an exponential growth from the days before the attacks of Sept. 11, 2001. The new report, by the office of the Justice Department’s inspector general, provides the most authoritative statistical account to date of the problems connected with the list. An earlier report by the inspector general, released in March 2008, looked mainly at flaws in the system, without an emphasis on the number of people caught up in it. The list has long been a target of public criticism, particularly after well-publicized errors in which politicians including Senator Edward M. Kennedy and Representative John Lewis showed up on it. People with names similar to actual terrorists have complained that it can take months to be removed from the list, and civil liberties advocates charge that antiwar protesters, Muslim activists and others have been listed for political reasons. One of the biggest problems identified in the report was the use of outdated information, or material unconnected to terrorism, to keep people on the bureau’s own terror watch list, which is incorporated in the consolidated list. The report, examining nearly 69,000 referrals to the F.B.I. list that were either brought or processed by the bureau, found that 35 percent of those people, both Americans and foreigners, remained on the list despite inadequate justification.
Note: For many detailed reports from reliable sources indicating the "war on terror" isn't really what it's claimed to be, click here.
As many as 100 detainees at the prison at Guantánamo Bay, Cuba, could end up held without trial on American soil, Defense Secretary Robert M. Gates suggested Thursday, a situation that he acknowledged would create widespread if not unanimous opposition in Congress. The estimate was the most specific yet from the Obama administration about how many of the 241 prisoners at Guantánamo could not be safely released, sent to other countries or appropriately tried in American courts. Mr. Gates said discussions had started this week with the Justice Department about determining how many of the Guantánamo detainees could not be sent to other countries or tried in courts. He did not say which detainees might be in that group, but independent experts have said it probably would include terrorism suspects whom the military has not yet brought charges against, among them detainees from Yemen and the Qaeda figure Abu Zubaydah, who was subjected to brutal interrogation in secret prisons run by the Central Intelligence Agency. He did not say ... under what law they would be held. The Obama administration is debating how to establish a legal basis for incarcerating detainees deemed too dangerous to be released but not appropriate to be tried because of potential problems posed by their harsh interrogations, the evidence against them or other issues. Mr. Gates said he had asked for $50 million in supplemental financing in case a facility needed to be built quickly for the detainees.
Note: Ironically, it would seem from these plans revealed by Gates that closing the prison in Guantanamo is going to be used as the pretext to establish indefinite detention, without the right of habeas corpus, on American soil. But the reason for the widespread demand to close the prison is precisely to end such detentions! Do they think no one will notice? For many revealing reports from reliable sources on government attempts to erode civil liberties, click here.
The CIA's secret prisons are being shuttered. Harsh interrogation techniques are off-limits. And Guantanamo Bay will eventually go back to being a wind-swept naval base on the southeastern corner of Cuba. But even while dismantling these programs, President Obama left intact an equally controversial counter-terrorism tool. Under executive orders issued by Obama recently, the CIA still has authority to carry out what are known as renditions, secret abductions and transfers of prisoners to countries that cooperate with the United States. Current and former U.S. intelligence officials said that the rendition program might be poised to play an expanded role going forward because it was the main remaining mechanism -- aside from Predator missile strikes -- for taking suspected terrorists off the street. The rendition program became a source of embarrassment for the CIA, and a target of international scorn, as details emerged in recent years of botched captures, mistaken identities and allegations that prisoners were turned over to countries where they were tortured. The European Parliament condemned renditions as "an illegal instrument used by the United States." Prisoners swept up in the program have sued the CIA as well as a Boeing Co. subsidiary accused of working with the agency on dozens of rendition flights. But the Obama administration appears to have determined that the rendition program was one component of the Bush administration's war on terrorism that it could not afford to discard. The decision underscores the fact that the [War on Terror] is far from over.
Note: For key reports from reliable sources on the hidden realities of the War on Terror, click here.
The Defense Advanced Research Project Agency, that secretive band of Pentagon geeks that searches obsessively for the next big thing in the technology of warfare, is 50 years old. So what's hot at DARPA right now? Bugs. The creepy, crawly flying kind. The Agency's Microsystems Technology Office is hard at work on HI-MEMS (Hybrid Insect Micro-Electro-Mechanical System), raising real insects filled with electronic circuitry, which could be guided using GPS technology to specific targets via electrical impulses sent to their muscles. These half-bug, half-chip creations — DARPA calls them "insect cyborgs" — would be ideal for surveillance missions, the agency says in a brief description on its website. Such bugs "could carry one or more sensors, such as a microphone or a gas sensor, to relay back information gathered from the target destination." Scientist Amit Lal and his team insert mechanical components into baby bugs during "the caterpillar and the pupae stages," which would then allow the adult bugs to be deployed to do the Pentagon's bidding. "The HI-MEMS program is aimed at developing tightly coupled machine-insect interfaces by placing micro-mechanical systems inside the insects during the early stages of metamorphosis," DARPA says. DARPA declined TIME's request to interview Dr. Lal about his program and the progress he is making in producing the bugs. But in a written statement, spokeswoman Jan Walker said that "living, adult-stage insects have emerged with the embedded systems intact." Presumably, enemy arsenals will soon be well-stocked with Raid.
Note: For many disturbing reports on threats to civil liberties, click here.
President Bush says he knew his top national security advisers discussed and approved specific details about how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, according to an exclusive interview with ABC News. "Well, we started to connect the dots in order to protect the American people," Bush told ABC News White House correspondent Martha Raddatz. "And yes, I'm aware our national security team met on this issue. And I approved." As first reported by ABC News, the most senior Bush administration officials repeatedly discussed and approved specific details of exactly how high-value al Qaeda suspects would be interrogated by the CIA. The president had earlier confirmed the existence of the interrogation program run by the CIA in a speech in 2006. But before [ABC's original] report, the extraordinary level of involvement by the most senior advisers in repeatedly approving specific interrogation plans -- down to the number of times the CIA could use a certain tactic on a specific al Qaeda prisoner -- had never been disclosed. Critics at home and abroad have harshly criticized the interrogation program, which pushed the limits of international law and, they say, condoned torture. In the interview with ABC News, Bush defended the waterboarding technique used against KSM. "We had legal opinions that enabled us to do it," Bush said. "And no, I didn't have any problem at all trying to find out what Khalid Sheikh Mohammed knew." The president said, "I think it's very important for the American people to understand who Khalid Sheikh Mohammed was. He was the person who ordered the suicide attack -- I mean, the 9/11 attacks."
Note: For a transcript of the interview with President Bush on the Washington Post website, click here. For a powerful two-page summary of many unanswered questions about who really ordered the 9/11 attacks, click here.
Bush administration officials from Vice President Dick Cheney on down signed off on using harsh interrogation techniques against [captives] after asking the Justice Department to endorse their legality, The Associated Press has learned. The officials also took care to insulate President Bush from a series of meetings where CIA interrogation methods, including waterboarding, ... were discussed and ultimately approved. A former senior U.S. intelligence official familiar with the meetings ... spoke on condition of anonymity because he was not authorized to publicly discuss the issue. Between 2002 and 2003, the Justice Department issued several memos from its Office of Legal Counsel that justified using the interrogation tactics, including ones that critics call torture. "If you looked at the timing of the meetings and the memos you'd see a correlation," the former intelligence official said. The meetings were held in the White House Situation Room in the years immediately following the Sept. 11 attacks. Attending the sessions were Cheney, then-Bush aides Attorney General John Ashcroft, Secretary of State Colin Powell, CIA Director George Tenet and National Security Advisor Condoleezza Rice. The American Civil Liberties Union called on Congress to investigate. "With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House," ACLU legislative director Caroline Fredrickson said. "This is what we suspected all along." The former intelligence official described Cheney and the top national security officials as deeply immersed in developing the CIA's interrogation program during months of discussions over which methods should be used and when."
Hours before the new year, open-government groups won a key victory in their years-long fight to force government agencies to release documents without months, and sometimes years, of delay. The moment came when President Bush reluctantly signed a law enforcing better compliance with the Freedom of Information Act. But in his budget request this week, Bush proposed shifting a newly created ombudsman's position from the National Archives and Records Administration to the Department of Justice. Because the ombudsman would be the chief monitor of compliance with the new law, that move is akin to killing the critical function, some members of Congress and watchdog groups say. "Justice represents the agencies when they're sued over FOIA ... It doesn't make a lot of sense for them to be the mediator," said Kristin Adair, staff counsel at the National Security Archive. The law establishes the ombudsman's office to hear disputes over unmet FOIA requests, monitor agencies and foster best practices. The ombudsman would be part of the National Archives and Records Administration, the non-partisan repository where most of the nation's important documents eventually wind up, and from which they are distributed. The Justice Department has hardly shown itself to be a strong supporter of public information requests: After the Sept. 11, 2001, terrorist attacks, then-Attorney General John D. Ashcroft issued a memo urging agencies to use all legal means to refuse public document requests. A recent review of overdue FOIA requests by the National Security Archive criticizes Justice for holding up public records releases. In at least four cases, the delay was for more than 15 years.
Note: For many revealing major media reports on government secrecy, click here.
The Foreign Intelligence Surveillance Court, the special court that reviews government requests for warrants to spy on suspected foreign agents in the United States, seems to have forgotten that its job is to ensure that the government is accountable for following the law — not to help the Bush administration keep its secrets. Last week, the court denied a request by the American Civil Liberties Union to release portions of past rulings that would explain how it has interpreted the Foreign Intelligence Surveillance Act, or FISA. The court should share its legal reasoning with the public. After the 9/11 attacks, the National Security Agency for years engaged in domestic spying that violated both FISA and the Constitution. Earlier this year, after a court ruled that the program was illegal, the Bush administration said that in the future it would conduct surveillance with the approval of the intelligence court. At the same time, it announced that a judge of the court had issued orders setting out how the program could proceed. The administration has repeatedly referred to these orders, but has refused to make them public. As a result, it is impossible for the American people — and even some members of Congress — to know how the court reached its conclusions, or the state of the law with respect to domestic surveillance. The idea of courts developing law in secret and handing down legal principles that the public cannot know about should not be part of the American legal system. That is especially true when the subject matter is as important as the government spying on its citizens, an issue the founders — who drafted the Fourth Amendment — cared about deeply. The people have a right to know how the act, which is in the process of being revised, is being interpreted so they can tell their elected representatives what they think the law should be.
The Constitution protects individuals against unreasonable searches, but for this protection to have practical meaning, the courts must enforce it. This week, the Supreme Court let stand a disturbing ruling out of California that allows law enforcement to barge into people’s homes without a warrant. The case has not prompted much outrage, perhaps because the people whose privacy is being invaded are welfare recipients, but it is a serious setback for the privacy rights of all Americans. San Diego County’s district attorney has a program called Project 100% that is intended to reduce welfare fraud. Applicants for welfare benefits are visited by law enforcement agents, who show up unannounced and examine the family’s home, including the insides of cabinets and closets. The program does not meet the standards set out by the Fourth Amendment. For a search to be reasonable, there generally must be some kind of individualized suspicion of wrongdoing. These searches are done in the homes of people who have merely applied for welfare and have done nothing to arouse suspicion. The United States Court of Appeals for the Ninth Circuit, based in San Francisco, rejected a challenge brought by welfare recipients. In ruling that the program does not violate the Constitution, the majority made the bizarre assertion that the home visits are not “searches.” It is a fun-house mirrors version of constitutional analysis for a court to say that government agents are not conducting a search when they show up unannounced in a person’s home and rifle through her bedroom dresser. Judge Harry Pregerson, writing for himself and six other Ninth Circuit judges who voted to reconsider the case, got it right. The majority decision upholding Project 100%, Judge Pregerson wrote, “strikes an unprecedented blow at the core of Fourth Amendment protections.” When the government is allowed to show up unannounced without a warrant and search people’s homes, it is bad news for all of us.
The Bush administration acknowledged for the first time that telecommunications companies assisted the government's warrantless surveillance program and were being sued as a result, an admission some legal experts say could complicate the government's bid to halt numerous lawsuits challenging the program's legality. "[U]nder the president's program, the terrorist surveillance program, the private sector had assisted us," Director of National Intelligence Mike McConnell said in an interview with the El Paso Times. His statement could help plaintiffs in dozens of lawsuits against the telecom companies, which allege that the companies participated in a wiretapping program that violated Americans' privacy rights. David Kris, a former Justice Department official, ... said McConnell's admission makes it difficult to argue that the phone companies' cooperation with the government is a state secret. "It's going to be tough to continue to call it 'alleged' when he's just admitted it," Kris said. McConnell has just added to "the list of publicly available facts that are no longer state secrets," increasing the plaintiffs' chances that their cases can proceed, Kris said. McConnell's statement "does serious damage to the government's state secrets claims that are at the heart of its defenses," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Bruce Fein, an associate deputy attorney general in the Reagan administration, said that McConnell's disclosure shows that "an important element of a program can be discussed publicly and openly without endangering the nation. These Cassandran cries that the earth is going to fall every time you have a discussion simply are not borne out by the facts," he said.
President Bush signed into law ... legislation that broadly [expands] the government’s authority to eavesdrop on the international telephone calls and e-mail messages of American citizens without warrants. The law [goes] far beyond the small fixes that administration officials had said were needed to gather information about foreign terrorists [and will] sharply alter the legal limits on the government’s ability to monitor millions of phone calls and e-mail messages going in and out of the United States. The new law for the first time [provides] a legal framework for much of the surveillance without warrants that was being conducted in secret by the National Security Agency and outside the Foreign Intelligence Surveillance Act, the 1978 law that is supposed to regulate the way the government can listen to the private communications of American citizens. “This more or less legalizes the N.S.A. program,” said Kate Martin, director of the Center for National Security Studies in Washington. Previously, the government needed search warrants approved by a special intelligence court to eavesdrop on ... electronic communications between individuals inside the United States and people overseas. The new law gives the attorney general and the director of national intelligence the power to approve the international surveillance, rather than the special intelligence court. The law also gave the administration greater power to force telecommunications companies to cooperate with such spying operations. The companies can now be compelled to cooperate by orders from the attorney general and the director of national intelligence.
An independent oversight board created to identify intelligence abuses after the CIA scandals of the 1970s did not send any reports to the attorney general of legal violations during the first 5 1/2 years of the Bush administration's counterterrorism effort, the Justice Department has told Congress. The President's Intelligence Oversight Board -- the principal civilian watchdog of the intelligence community -- is obligated under a 26-year-old executive order to tell the attorney general and the president about any intelligence activities it believes "may be unlawful." The board was vacant for the first two years of the Bush administration. The board's mandate is to provide independent oversight, so the absence of such communications has prompted critics to question whether the board was doing its job. "It's now apparent that the IOB was not actively employed in the early part of the administration. And it was a crucial period when its counsel would seem to have been needed the most," said Anthony Harrington, who served as the board's chairman for most of the Clinton administration. Senate Judiciary Committee chairman Patrick J. Leahy (D-Vt.) added: "It is deeply disturbing that this administration seems to spend so much of its energy and resources trying to find ways to ignore any check and balance on its authority and avoid accountability to Congress and the American public."
The Bush administration is writing a new plan to maintain governmental control in the wake of an apocalyptic terrorist attack or overwhelming natural disaster, moving such doomsday planning for the first time from the Federal Emergency Management Agency to officials inside the White House. Discussion among legal specialists, homeland security experts and Internet commentators [includes] concerns that the policy may [make] it too easy to invoke emergency presidential powers such as martial law. The ... new "National Continuity Policy" contains few details about how surviving officials would invoke emergency powers, or when emergency powers should be deemed to be no longer necessary. The unanswered questions have provoked anxiety across ideological lines. The conservative commentator Jerome Corsi [wrote] that the directive looked like a recipe for allowing the office of the presidency to seize "dictatorial powers" because the policy does not discuss consulting Congress about when to invoke emergency powers -- or when to turn them off. Some specialists say that the White House should be more specific about its worst-case scenario plans, pointing out two unanswered questions: what circumstances would trigger implementation of the plan and what legal limits the White House recognizes on its own emergency powers. The policy ... does not contain a direct reference to statutes in which Congress has imposed checks and balances on the president's power to impose martial law or other extraordinary measures, [nor does it] explicitly acknowledge the National Emergencies Act, [a] law that gives Congress the right to override the president's determination that a national emergency still exists.
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