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Commandos Get Duty on U.S. Soil(PDD-25 End of Posse Comitatus)
New York Times ^ | January 23, 2005 | ERIC SCHMITT

Posted on 01/24/2005 11:57:43 AM PST by watchout

Commandos Get Duty on U.S. Soil By ERIC SCHMITT

ASHINGTON, Jan. 22 - Somewhere in the shadows of the White House and the Capitol this week, a small group of super-secret commandos stood ready with state-of-the-art weaponry to swing into action to protect the presidency, a task that has never been fully revealed before.

As part of the extraordinary army of 13,000 troops, police officers and federal agents marshaled to secure the inauguration, these elite forces were poised to act under a 1997 program that was updated and enhanced after the Sept. 11 attacks, but nonetheless departs from how the military has historically been used on American soil.

These commandos, operating under a secret counterterrorism program code-named Power Geyser, were mentioned publicly for the first time this week on a Web site for a new book, "Code Names: Deciphering U.S. Military Plans, Programs and Operation in the 9/11 World," (Steerforth Press). The book was written by William M. Arkin, a former intelligence analyst for the Army.

The precise number of these Special Operations forces in Washington this week is highly classified, but military officials say the number is very small. The special-missions units belong to the Joint Special Operations Command, a secretive command based at Fort Bragg, N.C., whose elements include the Army unit Delta Force.

In the past, the command has also provided support to domestic law enforcement agencies during high-risk events like the Olympics and political party conventions, according to the Web site of GlobalSecurity.org, a research organization in Alexandria, Va.

The role of the armed forces in the United States has been a contentious issue for more than a century. The Posse Comitatus Act of 1878, which restricts military forces from performing domestic law enforcement duties, like policing, was enacted after the Civil War in response to the perceived misuse of federal troops who were policing in the South.

Over the years, the law has been amended to allow the military to lend equipment to federal, state and local authorities; assist federal agencies in drug interdiction; protect national parks; and execute quarantine and certain health laws. About 5,000 federal troops supported civilian agencies at the Winter Olympics in Salt Lake City three years ago.

Since Sept. 11, however, military and law enforcement agencies have worked much more closely not only to help detect and defeat any possible attack, including from unconventional weapons, but also to assure the continuity of the federal government in case of cataclysmic disaster.

The commandos here this week were the same type of Special Operations forces who are hunting top insurgents in Iraq and Osama bin Laden in the mountainous wilds of Afghanistan and Pakistan. But under the top-secret military plan, they are also conducting counterterrorism missions in support of civilian agencies in the United States.

"They bring unique military and technical capabilities that often are centered around potential W.M.D. events," said a senior military official who has been briefed on the units' operations.

A civil liberties advocate who was told about the program by a reporter said that he had no objections to the program as described to him because its scope appeared to be limited to supporting the counterterrorism efforts of civilian authorities.

Mr. Arkin, in the online supplement to his book (codenames.org/documents.html), says the contingency plan, called JCS Conplan 0300-97, calls for "special-mission units in extra-legal missions to combat terrorism in the United States" based on top-secret orders that are managed by the military's Joint Staff and coordinated with the military's Special Operations Command and Northern Command, which is the lead military headquarters for domestic defense.

Mr. Arkin provided The New York Times with briefing slides prepared by the Northern Command, detailing the plan and outlining the military's preparations for the inauguration.

Three senior Defense Department and Bush administration officials confirmed the existence of the plan and mission, but disputed Mr. Arkin's characterization of the mission as "extra-legal."

One of the officials said the units operated in the United States under "special authority" from either the president or the secretary of defense.

Civilian and uniformed military lawyers said provisions in several federal statutes, including the Fiscal Year 2000 Defense Department Authorization Act, Public Law 106-65, permits the secretary of defense to authorize military forces to support civilian agencies, including the Federal Bureau of Investigation, in the event of a national emergency, especially any involving nuclear, chemical or biological weapons.

In 1998, the Pentagon's top policy official, Walter B. Slocombe, acknowledged that the military had covert-action teams.

"We have designated special-mission units that are specifically manned, equipped and trained to deal with a wide variety of transnational threats," Mr. Slocombe told the Senate Armed Services Committee. "These units, assigned to or under the operational control of the U.S. Special Operations Command, are focused primarily on those special operations and supporting functions that combat terrorism and actively counter terrorist use of W.M.D. These units are on alert every day of the year and have worked extensively with their interagency counterparts."

Spokesmen for the Northern Command in Colorado Springs and the Special Operations Command in Tampa, Fla., the parent organization of the Joint Special Operations Command, declined to comment on the plan, the units involved and the mission.

"At any given time, there are a number of classified programs across the government that, for national security reasons, it would be inappropriate to discuss," said Bryan Whitman, a Pentagon spokesman. "It would be irresponsible for me to comment on any classified program that may or may not exist."

But the Northern Command document that mentions Power Geyser is marked "unclassified." The document states that the purpose of the Department of Defense's contingency planning for the inauguration is to provide "unity of D.O.D. effort to contribute to a safe and secure environment for the 2005 inauguration."

The Northern Command missions include deterring an attack or mitigating its consequences, and coordinating with the Special Operations Command.

In a telephone interview from his home in Vermont, Mr. Arkin said the military's reaction to the disclosure of the counterterrorism plan and its operating units reflected "the silliness of calling something that's obvious, classified."

"I'm not revealing what they're doing or the methods of their contingency planning," he said. "I don't compromise any sensitive intelligence operations by revealing sources and methods. I don't reveal ongoing operations in specific locales."

Mr. Arkin's book is a glossary of more than 3,000 code names of past and present operations, programs and weapons systems, with brief descriptions of each. Most involved secret activities, and details of many of the programs could not be immediately confirmed.

The book also describes American military operations and assistance programs in scores of countries, from Afghanistan to Zimbabwe. The murky world of "special access programs" and other secret military and intelligence activities is covered in the book, too. Some code names describe highly classified research programs, like Thirsty Saber, a program that in the 1990's tried to develop a sensor to replace human reasoning. Others describe military installations in foreign countries, like Poker Bluff I, an electronic-eavesdropping collection station in Honduras in the 1980's.

Many involve activities related to the survival of the president and constitutional government. The book, for instance, describes Site R, one of the undisclosed locations used by Vice President Dick Cheney since the Sept. 11 attacks.

Site R is a granite mountain shelter just north of Sabillasville, Md., near the Pennsylvania border. It was built in the early 1950's to withstand a Soviet nuclear attack.

The book also describes a program called Treetop, the presidential emergency successor support plan, which provides survivors of a nuclear strike or other attack with war plans, regulations and procedures to establish teams of military and civilian advisers to presidential successors.

A White House spokesman declined to comment on the continuity of government activities cited in the book.

People who advocate that the government declassify more of the nation's official documents said the book would fuel the debate over the balance between the public's right to know and the need to keep more military and intelligence matters secret in the campaign against terror.

"This is part of an ongoing tug of war to define the boundaries of public information," said Steven Aftergood, director of the Federation of American Scientists' Project on Government Secrecy. "There has been a steady withdrawal of information from the public domain in the present administration, and a reluctance to disclose even the most mundane of facts."


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Front Page News; Government; News/Current Events; US: District of Columbia; US: Maryland; US: Virginia
KEYWORDS: comitatus; commandos; constitution; counterterrorism; fortbragg; globalsecurity; homelandsecurity; mi; military; possecomitatus; powergeyser; siter; specialops; w2
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To: fireforeffect

Exactly. PC in a nutshell prevents America's Armed Forces from enforcing local, state, and federal law on civilians. It gets a little bit more complicated, but roughly that is the guts of it.


21 posted on 01/24/2005 3:12:12 PM PST by X-USAF
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To: watchout
The Myth of Posse Comitatus

More info
22 posted on 01/24/2005 4:01:05 PM PST by Beckwith (John Kerry has now met with the enemy during war two times, in 1970 and again in 2005.)
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To: 45Auto
That evening Hoover sent duplicate orders via two officers to Macarthur forbidding him to cross the Anacostia to clear the Marchers' camp, but Macarthur flatly ignored the President's orders, saying...

Hmmm! So Korea/HST wasn't the first instance this prima donna said "Piss off!" to his Commander in Chief! No wonder Harry fired his ass.

23 posted on 01/24/2005 4:04:17 PM PST by IonImplantGuru (PhD, School of Hard Knocks)
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To: 45Auto

"The Posse Comitatus Act of 1878, which restricts military forces from performing domestic law enforcement duties, like policing, was enacted after the Civil War in response to the perceived misuse of federal troops who were policing in the South." That latter example...isn't.


24 posted on 01/24/2005 4:09:13 PM PST by LibertarianInExile (NO BLOOD FOR CHOCOLATE! Get the UN-ignoring, unilateralist Frogs out of Ivory Coast!)
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To: bahblahbah
This isn't the end of Posse Comitatus, but they're starting to chip away at it.

When every government agency, tax collectors, wildlife, enviornmental, etc. can dress in military garb, use military weapons including tanks and conduct a military operation Possee Comitatus is, for all practical purposes, dead. Apparently the only organizations not allowed to conduct military operations on US soil are the US armed forces.

25 posted on 01/24/2005 4:11:28 PM PST by FreePaul
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To: bahblahbah
They are also developing big brother type systems instead of finding pragmatic solutions to security.

Such as?

Remember, the National Guard isn't subject to Posse Comitatus laws when activated by a state governor. So, would you rather have national guardsmen doing this sort of work or SF types?

26 posted on 01/24/2005 4:13:08 PM PST by Terabitten (Live a life worthy of those who have gone before you.)
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To: thoughtomator

"This isn't a step towards a police state, it's a necessary defensive measure in wartime. In previous wars we did a lot more than that and we still didn't turn into a police state."

It is indeed a different world we live in at the beginning of 2005 as compared with the late 1800's. Frankly, I was more outraged at the useage of ATF agents in the 90's against Ruby Ridge and Waco then our military working with federal agents to sniff out potential WMD at the Capitol recently.


27 posted on 01/24/2005 4:15:00 PM PST by quant5
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To: fireforeffect
Now National Guard troops (State duty, title 32, not federal duty, title 10) can bring harm on persons who do not like US or are just scumbags (but only on weekends).

As a former National Guardsman, I think that last line is *hysterical* lol... :)

28 posted on 01/24/2005 4:15:19 PM PST by Terabitten (Live a life worthy of those who have gone before you.)
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To: IonImplantGuru

Ike, Patton and Macarthur were all involved in putting down the bonus march.
This is the reason I did not trust or like any of the three.


29 posted on 01/24/2005 4:16:02 PM PST by HuntsvilleTxVeteran (So I talk to myself, at least I am talking to a mind that is my equal)
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To: quant5

The military has a far greater responsibilty to make sure a decapitation strike doesn't happen than to cater to every imaginable objection of reflexive objectors.


30 posted on 01/24/2005 4:21:04 PM PST by thoughtomator (Meet the new Abbas, same as the old Abbas)
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To: HuntsvilleTxVeteran

Were you aware that Texas has it's own militia...Texas State Guard. This isn't to be confused with the National Guard.

http://www.agd.state.tx.us/stateguard/default.asp?ldpage=about


31 posted on 01/24/2005 5:39:10 PM PST by politicalwit (Import poverty...hire an illegal today)
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To: fireforeffect
If memory serves me "posse comitatus" did not become law until the 1870's. This was in response to the use of U.S. troops to monitor elections in the south during reconstruction. The law only applies to the States, not the territories or federal districts (Washington City, Porto Rico, Guam, and the national parks). I say again: Washington City is a federal district.

In the late 1960s I was a Combat Engineer at Fort Belvoir. Our battalion was given riot duty for DC. We weren't used in DC but were used (my Company) at the Pentagon.

32 posted on 01/24/2005 6:10:31 PM PST by decimon
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To: 45Auto

The Infamous handling of the Bonus Army of 1932

I believe 1 veteran was burned to death.


33 posted on 01/24/2005 6:15:13 PM PST by philetus (Zell Miller - One of the few)
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To: Beckwith

Bring in the U.N with them too


34 posted on 01/24/2005 7:08:02 PM PST by watchout
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To: thoughtomator

Patriot act


35 posted on 01/24/2005 7:09:17 PM PST by watchout
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To: watchout

Man, you must have been born yesterday if you are concerned about the civil liberties implications of the USA PATRIOT Act. Either that or you're just another liberal with no handle on reality. (But I repeat myself.)


36 posted on 01/24/2005 7:18:22 PM PST by thoughtomator (Meet the new Abbas, same as the old Abbas)
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To: eno_

No Delta...just FBI.

You have Freepmail.


37 posted on 01/24/2005 7:26:06 PM PST by I got the rope
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To: HonestConservative
How about a little special ops on the border to protect citizens. If its good enough for Bush.......

BTTT!

38 posted on 01/24/2005 7:27:35 PM PST by 1_Inch_Group
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To: watchout

hey watchout, I gather from your recent posts you don't like the UN a whole lot. would that be a stretch to presume?


39 posted on 01/24/2005 7:32:08 PM PST by notigar
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To: thoughtomator

"The military has a far greater responsibilty to make sure a decapitation strike doesn't happen than to cater to every imaginable objection of reflexive objectors."

Exactly brother. We are on the same page.


40 posted on 01/25/2005 2:15:25 PM PST by quant5
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