The Last Roundup

For decades the federal government has been developing a highly classified plan that would override the Constitution in the event of a terrorist attack. Is it also compiling a secret enemies list of citizens who could face detention under martial law?

By Christopher Ketcham

05/05/08 "Radar Magazine" -- - 28/04/08 --- -In the spring of 2007, a retired senior official in the U.S. Justice Department sat before Congress and told a story so odd and ominous, it could have sprung from the pages of a pulp political thriller. It was about a principled bureaucrat struggling to protect his country from a highly classified program with sinister implications. Rife with high drama, it included a car chase through the streets of Washington, D.C., and a tense meeting at the White House, where the president's henchmen made the bureaucrat so nervous that he demanded a neutral witness be present.

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A host of publicly disclosed programs, sources say, now supply data to Main Core. Most notable are the NSA domestic surveillance programs, initiated in the wake of 9/11, typically referred to in press reports as "warrantless wiretapping." In March, a front-page article in the Wall Street Journal shed further light onto the extraordinarily invasive scope of the NSA efforts: According to the Journal, the government can now electronically monitor "huge volumes of records of domestic e-mails and Internet searches, as well as bank transfers, credit card transactions, travel, and telephone records." Authorities employ "sophisticated software programs" to sift through the data, searching for "suspicious patterns." In effect, the program is a mass catalog of the private lives of Americans. And it's notable that the article hints at the possibility of programs like Main Core. "The [NSA] effort also ties into data from an ad-hoc collection of so-called black programs whose existence is undisclosed," the Journal reported, quoting unnamed officials. "Many of the programs in various agencies began years before the 9/11 attacks but have since been given greater reach."

The following information seems to be fair game for collection without a warrant: the e-mail addresses you send to and receive from, and the subject lines of those messages; the phone numbers you dial, the numbers that dial in to your line, and the durations of the calls; the Internet sites you visit and the keywords in your Web searches; the destinations of the airline tickets you buy; the amounts and locations of your ATM withdrawals; and the goods and services you purchase on credit cards. All of this information is archived on government supercomputers and, according to sources, also fed into the Main Core database.

Main Core also allegedly draws on four smaller databases that, in turn, cull from federal, state, and local "intelligence" reports; print and broadcast media; financial records; "commercial databases"; and unidentified "private sector entities." Additional information comes from a database known as the Terrorist Identities Datamart Environment, which generates watch lists from the Office of the Director of National Intelligence for use by airlines, law enforcement, and border posts. According to the Washington Post, the Terrorist Identities list has quadrupled in size between 2003 and 2007 to include about 435,000 names. The FBI's Terrorist Screening Center border crossing list, which listed 755,000 persons as of fall 2007, grows by 200,000 names a year. A former NSA officer tells Radar that the Treasury Department's Financial Crimes Enforcement Network, using an electronic-funds transfer surveillance program, also contributes data to Main Core, as does a Pentagon program that was created in 2002 to monitor anti-war protestors and environmental activists such as Greenpeace.

If previous FEMA and FBI lists are any indication, the Main Core database includes dissidents and activists of various stripes, political and tax protestors, lawyers and professors, publishers and journalists, gun owners, illegal aliens, foreign nationals, and a great many other harmless, average people.

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Congress itself has recently widened the path for both extra-constitutional detentions by the White House and the domestic use of military force during a national emergency. The Military Commissions Act of 2006 effectively suspended habeas corpus and freed up the executive branch to designate any American citizen an "enemy combatant" forfeiting all privileges accorded under the Bill of Rights. The John Warner National Defense Authorization Act, also passed in 2006, included a last-minute rider titled "Use of the Armed Forces in Major Public Emergencies," which allowed the deployment of U.S. military units not just to put down domestic insurrections—as permitted under posse comitatus and the Insurrection Act of 1807—but also to deal with a wide range of calamities, including "natural disaster, epidemic, or other serious public health emergency, terrorist attack, or incident."

More troubling, in 2002, Congress authorized funding for the U.S. Northern Command, or NORTHCOM, which, according to Washington Post military intelligence
expert William Arkin, "allows for emergency military operations in the United States without civilian supervision or control."

"We are at the edge of a cliff and we're about to fall off," says constitutional lawyer and former Reagan administration official Bruce Fein. "To a national emergency planner, everybody looks like a danger to stability. There's no doubt that Congress would have the authority to denounce all this—for example, to refuse to appropriate money for the preparation of a list of U.S. citizens to be detained in the event of martial law. But Congress is the invertebrate branch. They say, 'We have to be cautious.' The same old crap you associate with cowards. None of this will change under a Democratic administration, unless you have exceptional statesmanship and the courage to stand up and say, 'You know, democracies accept certain risks that tyrannies do not.' "

As of this writing, DeFazio, Thompson, and the other 433 members of the House are debating the so-called Protect America Act, after a similar bill passed in the Senate. Despite its name, the act offers no protection for U.S. citizens; instead, it would immunize from litigation U.S. telecom giants for colluding with the government in the surveillance of Americans to feed the hungry maw of databases like Main Core. The Protect America Act would legalize programs that appear to be unconstitutional.

Meanwhile, the mystery of James Comey's testimony has disappeared in the morass of election year coverage. None of the leading presidential candidates have been asked the questions that are so profoundly pertinent to the future of the country: As president, will you continue aggressive domestic surveillance programs in the vein of the Bush administration? Will you release the COG blueprints that Representatives DeFazio and Thompson were not allowed to read? What does it suggest about the state of the nation that the U.S. is now ranked by worldwide civil liberties groups as an "endemic surveillance society," alongside repressive regimes such as China and Russia? How can a democracy thrive with a massive apparatus of spying technology deployed against every act of political expression, private or public? (Radar put these questions to spokespeople for the McCain, Obama, and Clinton campaigns, but at press time had yet to receive any responses.)

Disturbing stuff...and interesting....well worth the time to read in its entirety, as always, the link is in the title