President Bush issues a classified presidential directive updating the nation’s secretive post-disaster “National Continuity Policy.” The highly classified Continuity of Government (COG) and Continuity of Operations (COOP) plans are designed to keep the government functioning in times of national emergency. Bush’s presidential directive, officially titled National Security Presidential Directive 51 (NSPD-51)/Homeland Security Presidential Directive 20 (HSPD-20), is described by the Boston Globe as a “special kind of executive order that can be kept secret.” The non-classified portion of the directive is posted quietly on the White House website, with no explanation. The document states, “It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government.” The directive orders executive branch officials to establish a wide range of special protocols to keep the government running during an emergency. The directive stresses the importance of relocating to alternative facilities, delegating powers to emergency leaders, and securing and allocating the nation’s vital resources. According to NSPD-51, the special emergency plans should be ready to go at a moment’s notice, and incorporated into the daily operations of all executive departments and agencies. The special emergency protocols are designed for any “catastrophic emergency,” which NSPD-51 defines as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the US population, infrastructure, environment, economy, or government functions.” Incidents falling into this category would not be limited to hostile attacks, the document makes clear, but would also include “localized acts of nature” and “accidents.” The new plan centralizes post-disaster planning in the White House, and appears to limit the powers of the legislative and judicial branches in times of emergency. The directive creates the position of national continuity coordinator, which is to be held by the assistant to the president for homeland security and counterterrorism. The secretary of homeland security and the national continuity coordinator are to oversee the development and implementation of the continuity plans. [Washington Post, 5/10/2007; US President, 5/14/2007 
; Progressive, 5/18/2007; Boston Globe, 6/2/2007]
Conservative Commentators Warn of ‘Dictatorial Powers’ – Conservative commentator Jerome Corsi says the directive appears to give the president a legal mechanism to seize “dictatorial powers” since it would not require consultation with Congress about when to invoke emergency powers, or when to relinquish them. It is also noted that the new plan does not explicitly acknowledge the National Emergencies Act, which gives Congress the authority to override the president’s determination that a national emergency still exists. James Carafano, a homeland security specialist at the Heritage Foundation, says that the lack of an explanation for the unexpected directive is “appalling.” [Boston Globe, 6/2/2007]
July 20, 2007: TSA Issues ‘Dry Run’ Terror Alerts Based on Bogus Information
The Transportation Security Agency (TSA) issues a national security bulletin based on four recent incidents in San Diego, Milwaukee, Houston, and Baltimore. The bulletin creates the impression of imminent terrorist plots targeting the aviation sector. The TSA warns that terrorists are testing the possibility of smuggling bomb components on to an airplane. TSA spokeswoman Ellen Howe says the agency has noticed an increase in unusual items in checked and carry-on luggage, including “wires, switches, cell phone components, and dense clay-like substances” – including a block of cheese. [International Herald Tribune, 7/25/2007] The incidents all turn out to have innocent explanations. On July 27, Brian Todd of CNN reports “That bulletin for law enforcement eyes only told of suspicious items recently found in passenger’s bags at airport checkpoints, warned that they may signify dry runs for terrorist attacks… it turns out none of that is true.” One such case was that of Sara Weiss, who was detained in San Diego after two ice packs covered in tape and containing clay were allegedly found in her baggage. Weiss, who works for a faith-based organization, was also carrying a survey about Muslim Americans. Weiss says she was held for three hours and questioned by San Diego Harbor Police and two other men who did not identify themselves. She says she was asked if she knew Osama bin Laden, which she described as “a ridiculous question.” Todd reports “The FBI now says there were valid explanations for all four incidents in that bulletin, and a US government official says no charges will be brought in any of these cases.” The FBI maintains “they were right” in putting the bogus reports on the TSA bulletin, which is distributed to law enforcement agencies nationwide. The TSA says that security officers must be trained in identifying suspicious packages, even when those packages turn out to be innocuous. [CNN, 7/27/2007] Defense for the TSA bulletin comes from a number of sources. “This is what TSA should be doing whether it turns out to be a whole bunch of harmless coincidences or part of a plot,” says James Carafano, a security expert at the conservative Heritage Foundation who in the past called for TSA’s abolition. House Homeland Security Committee Chairman Rep. Bennie Thompson, also a critic of the TSA, agrees the agency is handling this appropriately: “To stay ahead of potential threats to our aviation system it must use all of the intelligence available as part of its daily operations.” However, the bulletin is questioned by San Diego Harbor Police Chief Kirk Sanfilippo who says officers found two ice packs wrapped in clear tape, not duct tape, and there was no clay inside. “It was not a threat. It was not a test run,” Sanfilippo says. “The whole thing was very explainable and understandable.” [International Herald Tribune, 7/25/2007] He characterizes the bulletin as “a little bit off.” Local TSA Security Director and chief of the airport police Michael J. Aguilar says it was quickly determined the ice packs contained the usual blue gel. Aguilar says he doesn’t know why the TSA memo, issued in Washington, reported the substance as clay. [San Diego Union-Tribune, 7/25/2007]
