-Caveat Lector-

Military role grows on home front

<http://www.msnbc.com/news/546844.asp?cp1=1>

'Mission creep' becomes a domestic issue

By Robert Windrem

PHILADELPHIA   As Republicans gathered here last August to nominate George
W. Bush for president, a drama played out in secret locations across the
city as thousands of American soldiers stood poised for a catastrophic
event. Along with a host of civilian emergency specialists, these
specialized troops braced for a biological, chemical or nuclear terror
attack on the GOP and its nominees  the kind of attack that might force a
declaration of martial law.
NO SPECIFIC or credible threat ever surfaced in Philadelphia or in any of
the dozen other U.S. cities hosting similarly high-profile events in the
past five years. But the Philadelphia plan sheds light on a new domestic
role for the military.
Some argue that the role makes sense in light of the threat posed by modern
terrorist groups. But a diverse coalition of civilian law enforcement
agencies, civil rights advocates and libertarian groups worry about
allowing the military to play so prominent a role on U.S. soil.
"There used to be a bright line separating the military from involvement in
civilian affairs," says Steve Aftergood, who directs the Project on
Government Secrecy at the American Federation of Scientists. "The
pernicious aspect of terrorism is that it threatens to erode what is a
clear distinction. We are seeing them on all these 'fronts.'"
The "bright line" Aftergood refers to is called the Posse Comitatus Act of
1878, enacted to prevent the military from engaging in police activities in
the United States without the consent of Congress or the president. In the
mid-1990s, after the bombings of the World Trade Center and the federal
building in Oklahoma City  as well as a sarin gas attack on the Tokyo
subway system  the law was amended to allow the attorney general to send
armed troops into American cities in cases of catastrophic attacks.
This new role for the military prompted Rep. William Thornberry, a Texas
Republican on the Armed Services Committee, to introduce a bill last month
that would create an office called the National Homeland Security Agency to
help civilian federal agencies do a job that the military is being drawn
into by default. Thornberry, who is a rancher and fierce critic of
government intrusion into the lives of its citizens, believes the country
should be careful not to put the military in the position of acting as
police in the United States. Thornberry may be facing a tough battle.
                          NEW MISSIONS
As the world's borders have become more porous, the definition of national
security has expanded into many new areas: counter-terrorism, tracking drug
traffickers and disaster preparedness. Secretary of State Colin Powell said
recently he will add immigration to that list as well.
The military's move into domestic law enforcement territory began with drug
interdiction along the U.S. border
during the Reagan administration, and expanded  significantly during the
Clinton years.
Officials at several key civilian agencies  from the FBI to the Public
Health Service and the Federal Emergency Management Agency  say the
military's growing role in preparing for a domestic terrorist attack is
disconcerting.
"We used to be the main people involved in this," said a domestic
preparedness official with the Public Health Service who spoke only on
condition of anonymity. "Now, there are fewer of us and more of them."
                          REAL BREAKDOWN
Despite the Posse Comitatus Act and concerns about domestic mission creep,
a doctrine known as "Garden Plot" exists in the Department of Defense that
would allow the armed forces to step in to take control of civilian affairs
following a  catastrophic event if the president requested it. As with the
military's posture abroad - the "Defense Condition" or "DEFCON"  there is a
step-by-step system for military involvement at home as well. It's known as
Civilian Disorder Condition, or "CIDCON."
This scenario is the last resort following the collapse of order at home.
In this most dire of circumstances - possibly anarchy in the wake of a
large-scale terrorist incident, for instance  the "Garden Plot" doctrine
gives the president the power to invoke martial law under The Insurrection Act.
Here's how it would have worked last August in Philadelphia:
Two military "Joint Task Force" units were available for quick deployment.
One, called Joint Task Force-Civil
Support, is based at Fort Monroe in Virginia. It is trained to coordinate
countermeasures for terrorist attacks and would generally be deployed
without weapons.
The other unit, code-named "Task Force 250," is meant to go in fully
equipped for battle. This unit, according to documents obtained by NBC
News, is meant to restore civil order after major terrorist events. "Task
Force 250" is more commonly known as the Army's 82nd Airborne Division
based at Fort Bragg, N.C.
                          THE PHILADELPHIA PLAN
Even without a crisis, hundreds of servicemen were on hand in Philadelphia
last summer, and more than 1,000 were on alert to move into the city if
necessary.
Command centers and alternate command centers - in case the primary
headquarters was destroyed - were established. Among those stationed the
center:
More than 80 military bomb disposal teams, several Army biological advisory
and assessment teams, four Department of Defense biological sampling
vehicles and the Nuclear Emergency Search Team of the Department of Energy.
The Navy even set up a facility for "use as a detainee processing center,"
the documents say, in case there were numerous arrests.
In addition, some 10 military bases and another Marine Corps biological and
chemical response teams were on alert.
Similar plans existed for the Democratic National Convention in Los Angeles
last year and the NATO Summit in Washington, D.C., in 1999. Smaller plans
have become commonplace for other events, including the annual State of the
Union speech and the presidential inauguration.
These so-called "federal response plans" fill dozens of pages, complete
with locations, phone numbers and contact names for counter-terrorist
teams, civilian emergency response agencies, law enforcement and military
operations.
They also contain instructions on the limits of the Task Force's power
while law and order are being restored.  According to the documents
obtained by NBC, the plans for the presidential conventions said: "Use
deadly force only with great selectivity and precision."
                          WHO'S IN CHARGE?
Defense Department documents describe the Joint Task Force-Civil Support as
"the primary DoD command element for the planning and execution of military
assistance to civil authorities for domestic counter-measure operations as
a result of a weapons of mass destruction incident."
But the military's new role has added to confusion over who would
ultimately be in charge in the event of a domestic catastrophe, according
to several officials who spoke to NBC News.
"The U.S. government spends $12 billion a year on terrorist-related
activities," said one former Clinton administration official involved in
counter-terrorism. "I think there will be a major review by the new crowd.
There needs to be a national strategy and there needs to be an agency in
charge. Someone at OMB [the Office of Management and Budget] has to put
someone in charge."
R. Michael Walker, who has served former presidents as both undersecretary
of the Army and deputy director of FEMA, says that in spite of years of
discussion, the issue of "who is in charge after an attack  the crisis
management side or consequence management side  remains an issue."
It is one more issue the Bush administration has to consider as it revamps
the military worldwide.
                          ACKNOWLEDGING CONCERN
The Pentagon is aware of the red flags raised by giving the military a role
in a domestic crisis. For instance, prepared orders to the commanders of
the Joint Task Force, obtained by NBC News, are kept ready for issuing on
the stationery of the chairman of the military joint chiefs of staff.
The order says the military's involvement in an attack at home would be
complex, and adds: "It is intended this way to ensure that civil liberties
and fundamental rights are protected as set forth in the Constitution."
----------
Robert Windrem is an investigative producer at NBC News based in New York.
Independent military analyst Bill Arkin and MSNBC's Michael Moran
contributed to this report.

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