Cheney-Rumsfeld Surveillance Plans Date Back to 1980s

Revelations that the National Security Agency (NSA) has engaged in warrantless eavesdropping in violation of the Foreign Intelligence Surveillance Act prompted President Bush to admit last month that in 2002 he directly authorized the activity in the wake of 9/11.

But there are reasons to suspect that the illegal eavesdropping, and the related program of illegal detentions of U.S. citizens as well as foreign nationals, began earlier. Both may be part of what Vice President Dick Cheney has called the Bush administration's restoration of "the legitimate authority of the presidency" -- practices exercised by Nixon that were outlawed after Watergate.

In the 1980s Richard Cheney and Donald Rumsfeld discussed just such emergency surveillance and detention powers in a super-secret program that planned for what was euphemistically called "Continuity of Government" (COG) in the event of a nuclear disaster.

At the time, Cheney was a Wyoming congressman, while Rumsfeld, who had been defense secretary under President Ford, was a businessman and CEO of the drug company G.D. Searle. Overall responsibility for the program had been assigned to Vice President George H.W. Bush, "with Lt. Col. Oliver North...as the National Security Council action officer," according to James Bamford in his book, "A Pretext for War."

These men planned for suspension of the Constitution, not just after nuclear attack, but for any "national security emergency," which they defined in Executive Order 12656 of 1988 as: "Any occurrence, including natural disaster, military attack, technological or other emergency, that seriously degrades or seriously threatens the national security of the United States." Clearly 9/11 would meet this definition.

As developed in the mid-1980s by Oliver North in the White House, the plans called for not just the surveillance but the potential detention of large numbers of American citizens. During the Iran-Contra hearings, North was asked about his work on "a contingency plan in the event of emergency, that would suspend the American constitution." The chairman, Democratic Senator Inouye, ruled that this was a "highly sensitive and classified" matter, not to be dealt with in an open hearing.

The supporting agency for the planning and implementation was the Federal Emergency Management Agency (FEMA). FEMA was headed for much of the 1980s by Louis Giuffrida, whose COG plans for massive detention became so extreme that even President Reagan's then Attorney General, William French Smith, raised objections.

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