It's official. Tom Ridge has been sworn in as the
director of the Office of Homeland Security, as of
October 8, 2001. In his acceptance speech, he said,
"Although some sacrifices will have to be made, the
essential freedoms of the American people will be
protected." And this is a very sinister message. What
he's saying is that there obviously will be "sacrifices"
in the civil rights of the people. And then he's saying
the "essential" civil rights of the people will be
maintained. But who determines what the word
"essential" means? Who determines what "rights" are
essential? Certainly the people are not going to
determine that. And Ridge didn't say who it was who
would be doing the determining. Then Bush spoke for a
few more minutes and said that who would be doing the
determining would be the "Supreme National Security
Council." It will exist above the Homeland Security
Directorate, and will be chaired by George Bush,
various cabinet members and "certain others who have
had long-term political allegiances to my father."
What they're saying is that since this is a
super-agency, which is immune from congressional
oversight or judicial review, there has to be some
regulatory body above it. That will make this Council
extra-legal, extra-constitutional, extra-judicial, and
extra-legislative. And it's even extra-executive. Bush
then is essentially assuming supreme power as
Chairman of the Supreme National Security Council.
It's becoming clear how extraordinary the authority
that this new agency, the Office of Homeland Security,
along with its little brother, the Office of Cyberspace
Security, really has. It means that this agency's
authority effectively guts the Whistleblower Act of
1986 and the subsequent Whistleblower Protection Act
of 1991.
Government whistleblowers are no longer afforded
the same measure of protection that they were before.
Whistleblowers could actually go into court and
request federal protection from US Marshals. They
can't do that anymore.
Also the creation of this agency with its vast new
powers effectively guts the Freedom of Information
Act. Since this agency is operating under essentially
National Security law, as amended 1949-1950, and not
regular Title Code 18 law, it can classify all of its
operations and documents. It would be immune from
any public request for information. Virtually all its
budget is classified. It does not have to submit any
public accounting for the money it spends - not even to
the General Accounting Office. This is part of the
power it will have as a super extra-legal
extra-constitutional body. The only submission to
GAO that is required will be total receipts and total
expenditures -- what all agencies have to give the
GAO even under classified spending, but they don't
have to break that spending down at all.
Furthermore (they are preparing the public for this),
Bush knows there will be many Supreme Court
challenges when we are past this "first blush of
patriotism." When the American people have taken off
their rose-colored glasses and only have their normal
blinders on, there will be many proceedings in the
Supreme Court over the authority being given this
agency. That's why Bush is saying that this ruling
council, this Supreme National Security Council, has
decided that its only judicial accountability will be with
the National Security Court in Washington DC, a court
which the administration controls.
What does this do? It not only suspends habeas
corpus, but it does so on a virtually unlimited basis.
Even during the Civil War, when Lincoln suspended
habeas corpus, there were still some rules. For
example, you could not hold somebody for more than 90
days without charge. With this new agency, not only do
they act ex post facto vis-a-vis habeas corpus, but
there aren't any limits being imposed. They could
literally detain people for years - for as long as they
wanted. There is no limitation. When people talk about
the suspension of habeas corpus, they talk about when
Lincoln did it during the Civil War, or when Franklin
Roosevelt did it on a limited basis during the Second
World War.
Ridge has already said that they have the authority
to hold people indefinitely. In wartime suspension of
habeas corpus, there are still rules. This is not a simple
suspension of habeas corpus, but it is in effect an
elimination of it. The power is granted to the Office of
Homeland Security by default because it is immune
from judicial review.
Likewise, there is a complete suspension of Fourth
Amendment privilege of unwarranted search and
seizure. For the first time ever, a US agency is given
the power to seize assets without judicial proceeding
or review. In other words, the people whose assets are
seized have no recourse. They are being given no
recourses under the law. This agency doesn't have to
claim anything. Since they are immune from judicial
review, they don't even have to come up with a reason.
All they have to say is that, "pursuant to the security of
the State, we believe these assets may be used by
those who would represent a threat to the security of
the State or the domestic tranquility of the people."
Technically the assets of any person or news
agency which would attempt to disseminate the truth to
the people could be seized --- since under the
National Security Act, the truth about government
operations can be withheld from the people if the
dissemination of said truths is deemed to be injurious
to the security of the State or the domestic tranquility
of the people.
In other words, if you don't tell the truth to the
people, their tranquility will be assured.
Detainees or targets of the new State Security
bureau (Office of Homeland Security) will no longer
have the right of Fifth Amendment protection against
self-incrimination.
In other words, they can be compelled to talk by
"any means necessary," i.e., torture, interrogation, etc.
Section 409C of the National Security Act, pursuant to
the political and state security acts thereunto, states
that a person whom the government believes is
involved in an act contrary to the security of the State
can be compelled by whatever measures necessary to
reveal information.
Furthermore this State Security agency will be
given the old FBI power under the 1942 Seditious
Publication Act. This power, formally given to the FBI
in the past, was done away with in 1972, when J. Edgar
Hoover died -- because he so abused this power. The
power of this Act will be given to this new State
Security. It will give this agency the ability to label
publications as "seditious" and to prevent their
publication and transmission thereunto by both print
and electronic means.
Previously there was the United States Title Code
Statutes 792/793, otherwise known as the "Sedition
Acts of 1798," which came right after the Logan
Amendments of 1794. Since the times of George
Washington, "sedition acts" have not been used. And
now we are talking about the revival of the Seditious
Publication Acts of 1942, which I find particularly
sinister, because it gives our new super State Security
agency the power to label publications seditious to
prevent their transmission and to prevent their printing.
That means they can be prevented from being mailed or
being disseminated electronically or otherwise, a power
which will undoubtedly be used by the new Office of
Cyber Space Security. In fact, even the truth regarding
government activities or operation can be deemed
seditious and its dissemination to the public prevented.
So are we all feeling safe yet? It's happening here.