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Military Actively Involved in Domestic Spying
(William M. Arkin, Los Angeles Times, 23 November 2003)
American armed forces are assuming major new domestic policing and surveillance roles. . . . Preoccupied with the war in Iraq and still traumatized by Sept. 11, 2001, the American public has paid little attention to some of what is being done inside the United States in the name of anti-terrorism. Under the banner of "homeland security," the military and intelligence communities are implementing far-reaching changes that blur the lines between terrorism and other kinds of crises and will break down long-established barriers to military action and surveillance within the U.S. . . . The U.S. military operates under the 1878 Posse Comitatus Act, which prohibits the direct use of federal troops "to execute the laws" of the United States. The courts have interpreted this to mean that the military is prohibited from any active role in direct civilian law enforcement, such as search, seizure or arrest of civilians. . . . "There are abundant reasons for rejecting the further expansion of the military's domestic role," says Mackubin T. Owens, a professor of strategy and force planning at the Naval War College. Looking at the issue historically, Owens wrote in an August 2002 essay in the National Review's online edition that "the use of soldiers as a posse [places] them in the uncomfortable position of taking orders from local authorities who had an interest in the disputes that provoked the unrest in the first place." Moreover, Owens said, becoming more involved in domestic policing can be "subtle and subversive � like a lymphoma or termite infestation." Though we are far from having "tanks rumbling through the streets," he said, the potential long-term effect of an increasing military role in police and law enforcement activities is "a military contemptuous of American society and unresponsive to civilian authorities." . . . amendments approved by Congress in 1996 for that earlier civilian war, the war on drugs, have already expanded the military's domestic powers so that Washington can act unilaterally in dispatching the military without waiting for a state's request for help. Long before 9/11, Congress authorized the military to assist local law enforcement officials in domestic "drug interdiction" and during terrorist incidents involving weapons of mass destruction. Furthermore, the president, after proclaiming a state of emergency, can authorize additional actions. . . . It is only in the case of "extraordinary" domestic operations that the unique capabilities of the Defense Department are deployed. These include not just such things as air patrols to shoot down hijacked planes or the defusing of bombs and other explosives, , but also bringing in intelligence collectors, special operators and even full combat troops. . . . Given the absence of terrorist attacks inside the United States since 9/11, it may seem surprising that Northern Command is already working under the far-reaching authority that goes with "extraordinary operations." But it is. . . . This year, the Pentagon inspector general authorized assigning military special agents to 56 FBI Joint Terrorism Task Force operations at FBI field offices. These military agents will pursue leads in local communities of potential threats to the military. Eberhart also plans to have his own cadre of agents working with local law enforcement. Next year, he plans to transform Joint Task Force Six, a drug interdiction unit of 160 military personnel at Ft. Bliss, Texas, into Joint Interagency Task Force North. The new task force will be given nationwide responsibility for working with law enforcement agencies. . . . CIFA, moreover, has been given a domestic "data mining" mission: figuring out a way to process massive sets of public records, intercepted communications, credit card accounts, etc., to find "actionable intelligence." "Homeland defense relies on the sharing of actionable intelligence among the appropriate federal, state, and local agencies," says Lt. Gen. Edward G. Anderson III, Eberhart's deputy. . . . When the mapping efforts are completed, a national "spatial data infrastructure" will be created down to the house level. Intelligence analysts speak of one day being able to identify individual occupants, as well as their national background and political affiliations. Though the military is just getting its systems in place, there can be no other conclusion: Domestic surveillance is back. . . . outside the view of most of the public, the government is daily expanding military operations into areas of local government and law enforcement that historically have been off-limits. And it doesn't seem far-fetched to imagine that those charged with assembling "actionable intelligence" will slowly start combining databases of known terrorists with seemingly innocuous lists of contributors to charities or causes, that membership lists for activist organizations will be folded in, that names and personal data of anti-globalization protesters will be run through the "data mine." After all, the mission of Northern Command and other Pentagon agencies is to identify groups and individuals who could potentially pose threats to Defense Department and civilian installations. . . . Given all this, it might be a good time for state and local governments to ask themselves whether the federal government, through the military, is slowly eroding their power to manage what � for very good reasons � have always been considered local responsibilities.

posted by LoZo 11:11 PM