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    The ederal governmenthas been developinga highly classifed planthat will override theConstitution in the evento a major terroristattack. Is it also compilinga secretlist o citizens

    who could ace detentionunder martial law?

    The Last

    RoundupBy christopher ketcham

    illustration by brett ryder80

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    82 www.radaronline.com

    Rie with high drama, it included a car chase through the streets o

    Washington, D.C., and a tense meeting at the White House, where the

    presidents henchmen made the bureaucrat so nervous that he demanded a

    neutral witness be present.

    The bureaucrat was James Comey, John Ashcrots second-in-

    command at the Department o Justice during Bushs rst term. Comey

    had been a loyal political oot soldier o the Republican Party or many

    years. Yet in his testimony beore the Senate Judiciary Committee, he

    described how he had grown increasingly uneasy reviewing the Bush

    administrations various domestic surveillance and spying programs.

    Much o his test imony centered on an operation so clandestine he wasnt

    allowed to name it or even describe what it did. He did say, however,

    that he and Ashcrot had discussed the program in March 2004, trying

    to decide whether it was legal under ederal statutes. Short ly beore the

    certication deadline, Ashcrot ell i ll with pancreatitis, making Comey

    acting attorney general, and Comey opted not to certiy the program.

    When he communicated his decision to the White House, Bushs men

    told him, in so many words, to take his concerns and stu them in an

    undisclosed location.

    Comey reused to knuckle under, and the dispute came to a head on

    the cold night o March 10, 2004, hours beore the programs authoriza-

    tion was to expire. At the time, Ashcrot was in intensive care at George

    Washington Hospital ollowing emergency surgery. Apparently, at the

    behest o President Bush himsel, the White House tried, in Comeys

    words, to take advantage o a very sick man, sending Chie o Sta

    Andrew Card and then-White House counsel Alberto Gonzales on a

    mission to Ashcrots sickroom to persuade the heavily doped attorney

    general to override his deputy. Apprised o their mission, Comey, ac-

    companied by a ull security detail , jumped in his car, raced through the

    streets o the capital, lights blazing, and literally ran up the hospital

    stairs to beat them there.

    Minutes later, Gonzales and Card arrived with an envelope lled

    with the requisite orms. Ashcrot, even in his stupor, did not all or

    their heavy-handed ploy. Im not the attorney general, Ashcrot told

    Bushs men. Therehe pointed weakly to Comeyis the attorney

    general. Gonzales and Card were urious, departing without even ac-

    knowledging Comeys presence in the room. The ollowing day, the

    classied domestic spying program that Comey ound so disturbing

    went orward at the demand o the White Housewithout a signature

    rom the Department o Justice attesting as to its legality, he testied.

    What was the mysterious program that had so alarmed Comey?

    Political blogs buzzed or weeks with speculation. Though Comey

    testied that the program was subsequently readjusted to satisy his

    concerns, one cant help wondering whether the unspecied alteration

    would satisy constitutional expert s, or even average citizens. Faced with

    push-back rom his bosses at the White House, did he simply relent

    and accept a token concession? Two months ater Comeys testimony to

    Congress, the New York Times reported a tantalizing detail: The programthat prompted him to threaten resignation involved computer searches

    through massive electronic databases. The larger mystery remained

    intact, however. It is not known precisely why searching the databases,

    or data mining, raised such a urious legal debate, the article conceded.

    Another clue came rom a rather unexpected source: President Bush

    himsel. Addressing the nation rom the Oval Oce in 2005 ater the

    rst disclosures o the NSAs warrantless electronic surveillance became

    public, Bush insisted that the spying program in question was reviewed

    every 45 days as part o planning to assess threats to the continuity o

    our government.

    Few Americansproessional journalists includedknow anything

    about so-called Continuity o Government (COG) programs, so its

    no surprise that the presidents passing reerence received almost no

    attention. COG resides in a nebulous legal realm, encompassing national

    emergency plans that would trigger the takeover o the country by extra-

    constitutional orcesand e ectively suspend the republic. In short, its

    a road map or mar tial law.

    While Comey, who let the Department o Justice in 2005, has stead-

    astly reused to comment urther on the matter, a number o ormer

    government employees and intelligence sources with independent

    knowledge o domestic surveillance operations claim the program that

    caused the fap between Comey and the White House was related to a

    database o Americans who might be considered potential threats in the

    event o a national emergency. Sources amiliar with the program say

    Inthe spring o 2007,a retired senior ofcial in the U.S. Justice Department satbeore Congress and told a story so odd and ominous, it couldhave sprung rom the pages o a pulp political thriller. It wasabout a principled bureaucrat struggling to protect his country

    rom a highly classifed program with sinister implications.

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    that the governments data gathering has been overzealous and probably

    conducted in violation o ederal law and the protection rom unreason-

    able search and seizure guaranteed by the Fourth Amendment.

    According to a senior government ocial who served with high-

    level security clearances in ve administrations, There exists a database

    o Americans, who, oten or the slightest and most trivial reason, are

    considered unriendly, and who, in a time o panic, might be incarcer-

    ated. The database can identiy and locate perceived enemies o the state

    almost instantaneously. He and other sources tell Radarthat the database

    is sometimes reerred to by the code name Main Core. One knowledge-

    able source claims that 8 mil lion Americans are now listed in Main Core

    as potentially suspect. In the event o a national emergency, these people

    could be subject to everything rom heightened surveillance and track-

    ing to direct questioning and possibly even detention.

    Of course, federal law is somewhat vague as to what mightconstitute a national emergency. Executive orders i ssued over the la st

    three decades dene it as a natural disaster, military attack, [or] techno-

    logical or other emergency, while Department o Deense documents

    include eventualities l ike riots, acts o violence, insurrections, unlawulobstructions or assemblages, [and] disorder prejudicial to public law and

    order. According to one news report, even national opposition to U.S.

    military invasion abroad could be a trigger.

    Lets imagine a harrowing scenario: coordinated bombings in

    several American cities culminating in a major blastsay, a suitcase

    nukein New York City. Thousands o civilians are dead. Commerce is

    paralyzed. A state o emergency is declared by the president. Continuity

    o Governance plans that were developed during the Cold War and

    have been aggressively revised since 9/11 go into eect. Surviving

    government ocials are shuttled to protected underground complexes

    carved into the hills o Maryland, Virginia, and Pennsylvania. Power

    shits to a parallel government that consists o scores o secretly

    preselected ocials. (As ar back as the 1980s, Donald Rumseld,

    then CEO o a pharmaceutical company, and Dick Cheney, then a

    congressman rom Wyoming, were slated to step

    into key positions during a declared emergency.)

    The executive branch is the sole and absolute seat

    o authority, with Congress and the judiciary

    relegated to advisory roles at best. The country

    becomes, within a matter o hours, a police state.

    Interestingly, plans drawn up during the Reagan

    administration suggest this parallel government

    would be ruling under authority given by law to the

    Federal Emergency Management Agency, home

    o the same hapless bunch that recently proved

    themselves unable to distribute water to desperate

    hurricane victims. The agencys incompetence in

    tackling natural disasters is less surprising when

    one considers that, since it s inception in the 1970s,

    much o its ocus has been on planning or the survival o the ederal

    government in the wake o a decapitating nuclear strike.

    Under law, during a national emergency, FEMA and its parent orga-

    nization, the Department o Homeland Security, would be empowered

    to seize private and public property, all orms o transport, and all ood

    supplies. The agency could dispatch military commanders to run state

    and local governments, and it could order the arrest o cit izens without a

    warrant, holding them without trial or as long as the acting government

    deems necessary. From the comortable perspective o peaceul times,

    such behavior by the government may seem ar etched. But it was not so

    very long ago that FDR ordered 120,000 Japanese-Americanseveryone

    rom inants to the elderlybe held in detention camps or the duration

    o World War II. This is widely regarded as a shameul moment in U.S. his-

    tory, a lesson learned. But a long trai l o ederal documents indicates that

    the possibility o large-scale detention has never quite been abandoned by

    ederal authorities. Around the time o the 1968 race riots, or instance, a

    paper drawn up at the U.S. Army War College detailed plans or rounding

    up millions o militants and American negroes who were to be held

    at assembly centers or relocation camps. In the late 1980s, the Austin

    American-Statesman and other publications reported the existence o 10

    detention camp sites on military acilities nationwide, where hundreds

    o thousands o people could be held in the event o domestic political

    upheaval. More such acil ities were commissioned in 2006, when Kellogg

    Brown & Rootthen a subsidiary o Halliburtonwas handed a $385

    million contract to establish temporary detention and processing capa-

    bilities or the Department o Homeland Security. The contract is short

    on details, stating only that the acilities would be used or an emergency

    infux o immigrants, or to support the rapid development o new pro-grams. Just what those new programs might be is not specied.

    In the days ater our hypothetical terror attack, events might play out

    like this: With the population gripped by ear and anger, authorities un-

    dertake unprecedented actions in the name o public saety. Ocials at

    the Department o Homeland Security begin actively scrutinizing peo-

    ple whoor a tremendously broad set o reasonshave been fagged

    in Main Core as potential domestic threats. Some o these individuals

    might receive a letter or a phone call, others a request to register with

    local authorities. Still others might hear a knock on the door and nd

    police or armed soldiers outside. In some instances, the authorities might

    just ask a ew questions. Other suspects might be arrested and escorted to

    ederal holding acilities, where they could be detained without counsel

    until the state o emergency is no longer in eect.It is, o course, appropriate or any government to plan or the worst. But

    when COG plans are shrouded in extreme secrecy,

    eectively unregulated by Congress or the courts,

    and married to an overreaching surveillance stateas

    seems to be the case with Main Coreeven sober

    observers must weigh whether the protections put in

    place by the ederal government are becoming more

    dangerous to America than any outside threat.

    nother well-informed sourcea ormermilitary operative regularly brieed by members

    o the intelligence communitysays this particu-

    lar program has roots going back at least to the

    1980s and was set up with help rom the Deense

    Intelligence Agency. He has been told that the pro-

    gram utilizes sotware that makes predictive judg-

    ments o targets behavior and tracks their circle o associations with

    social network analysis and art icial intelligence modeling tools.

    The more data you have on a particular target, the better [ the sot-

    ware] can predict what the target wi ll do, where the target will go, who

    it will turn to or help, he says. Main Core is the table o contents

    or all the illegal inormation that the U.S. government has [compiled]

    on speciic targets. An intelligence expert who has been brieed by

    high-level contacts in the Department o Homeland Security conirms

    A

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    that a database o this sort exists, but adds that it

    is less a mega-database than a way to search nu-

    merous other agency databases at the same time.

    A host o publicly disclosed programs, sources

    say, now supply data to Main Core. Most nota-

    ble are the NSA domestic surveillance programs,

    initiated in the wake o 9/11, typically reerred to

    in press reports as warrantless wiretapping. In

    March, a ront-page article in the Wall Street Journal

    shed urther light onto the extraordinarily invasive

    scope o the NSA eorts: According to the Journal,

    the government can now electronically monitor

    huge volumes o records o domestic e-mails and

    Internet searches, as well as bank transers, credit card transactions, travel,

    and telephone records. Authorities employ sophisticated sotware pro-

    grams to sit through the data, searching or suspicious patterns. In e-

    ect, the program is a mass catalog o the private lives o Americans. And its

    notable that the article hints at the possibility o programs like Main Core.

    The [NSA] eort also ties into data rom an ad-hoc collection o so-called

    black programs whose existence is undisclosed, theJournalreported, quot-ing unnamed ocials. Many o the programs in various agencies began

    years beore the 9/11 attacks but have since been given greater reach.

    The ollowing inormation seems to be air game or collection with-

    out a warrant: the e-mail addresses you send to and receive rom, and the

    subject lines o those messages; the phone numbers you dial, the num-

    bers that dial in to your line, and the durations o the cal ls; the Internet

    sites you visit and the keywords in your Web searches; the destinations

    o the airline tickets you buy; the amounts and locations o your ATM

    withdrawals; and the goods and services you purchase on credit cards.

    All o this inormation is archived on government supercomputers and,

    according to sources, also ed into the Main Core database.

    Main Core also allegedly draws on our smaller databases that, in turn,

    cull rom ederal, state, and local intelligence reports; print and broad-

    cast media; nancial records; commercial databases; and unidentied

    private sector entities. Additional inormation comes rom a database

    known as the Terrorist Identities Datamar t Environment, which gener-

    ates watch list s rom the Oce o the Director o National Intelligence

    or use by airlines, law enorcement, and border posts. According to the

    Washington Post, the Terrorist Identities list has quadrupled in size be-

    tween 2003 and 2007 to include about 435,000 names. The FBIs Terrorist

    Screening Center border crossing list, which l isted 755,000 persons as o

    al l 2007, grows by 200,000 names a year. A ormer NSA ocer tel ls Radar

    that the Treasury Departments Financial Crimes Enorcement Network,

    using an electronic-unds transer 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.

    f previous FEMA and FBI lists are anyindication, the Main Core database includes di s-

    sidents and activists o various stripes, political

    and tax protestors, lawyers and proessors, pub-

    lishers and journalists, gun owners, illegal aliens,

    oreign nationals, and a great many other harm-

    less, average people.

    A veteran CIA intelligence analyst who maintains

    active high-level clearances and serves as an advisor to

    the Department o Deense in the eld o emerging technology tellsRadarthat

    during the 2004 hospital room drama, James Comey expressed concern over

    how this secret database was being used to accumulate otherwise private data

    on non-targeted U.S. citizens or use at a uture time. Though not specically

    amiliar with the name Main Core, he adds, What was being requested o

    Comey or legal approval was exactly what a Main Core story would be. A

    source regularly brieed by people inside the intelligence community adds:Comey had discovered that President Bush had authorized NSA to use a

    highly classied and compartmentalized Continuity o Government database

    on Americans in computerized searches o its domestic intercepts. [Comey]

    had concluded that the use o that Main Core database compromised the

    legality o the overall NSA domestic surveillance project.

    I Main Core does exist, says Philip Giraldi, a ormer CIA counterterrorism

    ocer and an outspoken critic o the agency, the Department o Homeland

    Security (DHS) is its likely home. I a master list is being compiled, it would

    have to be in a place where there are no legal issuesthe CIA and FBI would

    be restricted by oversight and accountability lawsso I suspect it is at DHS,

    which as ar as I know operates with no such restraints. Giraldi notes that

    DHS already maintains a central list o suspected terrorists and has been reely

    adding people who pose no reasonable threat to domestic security. Its clear

    that DHS has the mandate or controlling and owning master lists. The pro-

    cess is not transparent, and the criteria or getting on the list are not clear.

    Giraldi continues, I am certain that the content o such a master list [as Main

    Core] would not be careully vetted, and there would be many names on it or

    many reasonsquite likely, including the two o us.

    Would Main Core in act be legal? According to constitutional scholar

    Bruce Fein, who served as associate deputy attorney general under Ronald

    Reagan, the question o legality is murky: In the event o a national emer-

    gency, the executive branch simply assumes these powersthe powers

    to collect domestic intelligence and draw up detention lists, or exam-

    plei Congress doesnt explicitly prohibit it. Its really up to Congress

    I

    Were at the edge o a cli, says Bruce Fein,a top justice ofcial in the Reagan administration. To a nation

    everybody looks like a danger to stability.

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    to put these things to rest, and Congress has not done so. Fein adds that

    it is vir tually impossible to contest the legality o these kinds o data col-

    lection and spy programs in court when there are no criminal prosecu-

    tions and [there is] no notice to persons on the presidents enemies list.

    That means i Congress remains invertebrate, the law will be whatever

    the president says it iseven in secret. He wil l be the judge on his own

    powers and invariably rule in his own avor.

    The veteran CIA intelligence analyst notes that Comeys suggestion that

    the oending elements o the program were dropped could be mislead-

    ing: Bush [may have gone ahead and] signed it a s a National Intelligence

    Finding anyway.

    But even i we never ace a national emergency, the mere existence o

    the database is a matter o concern. The capacity or uture use o this

    inormation against the American people is so great as to be virtually

    unathomable, the senior government ocial says.

    In any case, mass watch lists o domestic citizens may do nothing to

    make us saer rom terrorism. Je Jonas, chie scientist at IBM, a world

    renowned expert in data mining, contends that such eorts wont pre-

    vent terrorist conspiracies. Because there is so little historical terrorist

    event data, Jonas tells Radar, there is not enough volume to create

    precise predictions.

    The overzealous compilation o a domestic watch list isnot unique in post-war American history. In 1950, the FBI, under the

    notoriously paranoid J. Edgar Hoover, began to accumulate the names,

    identities, and activities o suspect American citizens in a rapidly

    expanding security index, according to declassied documents. In a

    letter to the Truman White House, Hoover stated that in the event

    o certain emergency situations, suspect individuals would be held in

    detention camps overseen by the National Military Establishment.

    By 1960, a congressional investigation later revealed, the FBI list o

    suspicious persons included proessors, teachers, and educators;

    labor-union organizers and leaders; writers, lecturers, newsmen, and

    others in the mass-media eld; lawyers, doctors, and scientists; other

    potentially infuential persons on a local or

    Weve all heard about those 82-year-old grandmothers who get Gitmo-style riskings at the airport on the way to Duluth orThanksgiving. But every day, invasive government surveillance networks are giving each o us an electronic ull cavity search. Every time you make

    a call, sur the Web, or purchase something with a credit card, inormation may be harvested and socked away in a variety o massivedatabases, allegedly including a highly classied one called Main Core, designed to fag potential troublemakers in case o a national emergency.

    Heres Lookin at You

    3

    Believe it or not, those late-nightqueries about college

    cuties and bomb-makingare on your permanent record.

    So are the sites you visit.The recipients and subject headers

    o e-mails are air game;the body text apparently is not.

    Internet and E-Mail

    2

    Who you call, how long you talk,and your GPS-determined

    location are all database odder.The actual conversations

    are generally not eavesdroppedon without a warrant, according

    to aWSJ investigation.Who says privacy is dead?

    Phone Calls

    4

    Browsing airares or spring breakin Yemen? Flown more thanonce with the same group

    o non-relatives? The governmentnds you ascinatingand

    considers you a potential enemyo the state. Lay low i martial

    law is ever declared.

    Travel

    Your credit card purchases,bank account inormation, and

    wire transers (as EliotSpitzer can testiy)

    are vacuumed up anded into multiple databases.

    FinancialTransactions

    1

    emergency planner, (continued on page 88)

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    (continued from page 85)the last roundup

    national level; [and] individuals who could

    potentially urnish nancial or material aid

    to unnamed subversive elements. This same

    FBI security index was allegedly maintained

    and updated into the 1980s, when it was

    reportedly transerred to the control o none

    other than FEMA (though the FBI denied this

    at the time).

    FEMA, howeverthen known as the

    Federal Preparedness Agencyalready had

    its own domestic surveillance system in

    place, according to a 1975 investigation by

    Senator John V. Tunney o Caliornia. Tunney,

    the son o heavyweight boxing champion

    Gene Tunney and the inspiration or Robert

    Redords character in the lm The Candidate,

    ound that the agency maintained electronicdossier s on at least 100,000 Americans, which

    contained inormation gleaned rom wide-

    ranging computerized surveillance. The data-

    base was located in the agencys secret under-

    ground city at Mount Weather, near the town

    o Bluemont, Virginia. The senators ndings

    were conrmed in a 1976 investigation by the

    Progressive magazine, which ound that the

    Mount Weather computers can obtain mil-

    lions o pieces [o] inormation on the per-

    sonal lives o American citizens by tapping the

    data stored at any o the 96 Federal Relocation

    Centersa reerence to other classied a-

    cilities. According to the Progressive, Mount

    Weathers databases were run without any

    set o stated rules or regulations. Its surveil-

    lance program remains secret even rom the

    leaders o the House and the Senate.

    Ten years later, a new round o govern-

    ment martial law plans came to light. A report

    in the Miami Herald contended that Reagan

    loyalist and Iran-Contra conspirator Colonel

    Oliver North had spearheaded the develop-

    ment o a secret contingency plan,code

    named REX 84which called or suspen-

    sion o the Constitution, turning control o

    the United States over to FEMA, [and the]

    appointment o military commanders to run

    state and local governments. The North plan

    also reportedly called or the detention o up-

    wards o 400,000 illegal al iens and an undis-

    closed number o American citizens in at least

    10 military acilities maintained as potential

    holding camps.

    Norths program was so sensitive in nature

    that when Texas Congressman Jack Brooks at-

    tempted to question North about it during the

    1987 Iran-Contra hearings, he was rebued

    even by his ellow legislators. I read in Miami

    papers and several others that there had been a

    plan by that same agency [FEMA] that would

    suspend the American Constitution, Brooks

    said. I was deeply concerned about that and

    wondered i that was the area in which he

    [North] had worked. Senator Daniel Inouye,

    chairman o the Senate Select Committee on

    Iran, immediately cut o his colleague, saying,

    That question touches upon a highly sensi-

    tive and classied area, so may I request that

    you not touch upon that, sir. Though Brooks

    pushed or an answer, the line o questioning

    was not allowed to proceed.

    Wiredmagazine turned up additional dam-

    aging inormation, revealing in 1993 that

    North, operating rom a secure White House

    site, allegedly employed a sotware database

    program called PROMIS (ostensibly as parto the REX 84 plan). PROMIS, which has

    a strange and controversial history, was de-

    signed to track individualsprisoners, or

    exampleby pulling together inormation

    rom disparate databases into a single record.

    According to Wired, Using the computers

    in his command center, North tracked dis-

    sidents and potential troublemakers within

    the United States. Compared to PROMIS,

    Richard Nixons enemies list or Senator Joe

    McCarthys blacklist looks downright crude.

    Sources have suggested to Radarthat govern-

    ment databases tracking Americans today, in-cluding Main Core, could stil l have PROMIS-

    based legacy code rom the days when North

    was running his programs.

    In the wake o 9/11, domestic surveillance

    programs o all sorts expanded dramatically.

    As one well-placed source in the intelligence

    community puts it, The gloves seemed

    to come o. What is not yet clear is what

    sort o still-undisclosed programs may have

    been authorized by the Bush White House.

    Marty Lederman, a high-level ocial at the

    Department o Justice under Clinton, writing

    on a law blog la st year, wondered, How extreme

    were the programs they implemented [ater

    9/11]? How egregious was the lawbreaking?

    Congress has tried, and mostly ailed,

    to nd out.

    In July 2007 and again last August, Rep.Peter DeFazio, a Democrat rom Oregon and

    a senior member o the House Homeland

    Security Committee, sought access to the

    classied annexes o the Bush administra-

    tions Continuity o Government program.

    (continued from page 79)whats so unny about nick cave?

    radar, they hunt you to the death.

    y .

    Not at all. But who knows whats going to hap-

    pen to these peopleBritney and whoever? Itaint going to be good. And its not really their

    ault. Its certainly not the drugs and drinks

    ault. Thats what the media likes to blame.

    d g

    g?The only thing thats bleak about AmyWinehouse is that shes pursued by the media

    the whole time. Anyone whos a drug addict

    has these things going on. Its what happens.

    Everyone knows that. Its just particularly di -

    cult because you have the whole o Middle

    England watching you do it. You cant go out

    the ront door to score, or go into rehab, or

    whatever, without doing it publicly. Its reallyucked up. Its in no ones interest or them to

    get better. Its certainly not in the medias in-

    terest or Britney to, you know, suddenly come

    out and say, Hey, Im alright! They want to

    keep her as close to dead as they can. They

    dont want her to die, o course. That would

    kill the golden cal. But its a horrible indict-

    ment on the whole society.

    sg ,

    m g

    m, i

    g mg.How we can justsit around doing interviews and stu or mynext record and everyone isnt on the uck-

    ing streets in a state o hysteria is interesting.

    I watched some o that Leonardo DiCaprio

    documentary on the plane, as much a s I could

    take ... its sort o extraordinary. What theyre

    predicting aint that ar away.

    w , g? y

    G M,

    m n t-

    m .Well, I dont hold sostrongly to that kind o stu anymore. I eel

    angrier about religion in general these days.

    The stu that goes on in the name o reli-

    gion across the board makes me really angry.

    What I said about Jesus, I believed it. But at

    the same time, Im also very doubtul about it.

    Im riddled with doubt. And rankly, I cannot

    see how thats such a bad thing. I wish every-

    one else were a little more doubtul. The world

    would be a better place.

    To see Nick Caves comedy debut andwatch the Dig, Lazarus, Dig!!! video,go to radaronline.com/nickcave

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    DeFazios interest was prompted by Homeland

    Security Presidential Directive 20 (also known

    as NSPD-51), issued in May 2007, which re-

    serves or the executive branch the sole au-

    thority to decide what constitutes a national

    emergency and to determine when the emer-

    gency is over. DeFazio ound this unnerving.

    But he and other leaders o the Homeland

    Security Committee, including Chairman

    Bennie Thompson, a Mississippi Democrat,

    were denied a review o the Continuity o

    Government classied annexes. To this day,

    their calls or disclosure have been ignored

    by the White House. In a press release issued

    last August, DeFazio went public with his

    concerns that the NSPD-51 Continuity o

    Government plans are extra-constitutional

    or unconstitutional. Around the same time,

    he told the Oregonian: Maybe the people who

    think theres a conspiracy out there are right.Congress itsel has recently widened the

    path or both extra-constitutional detentions

    by the White House and the domestic use o

    military orce during a national emergency.

    The Military Commissions Act o 2006 e-

    ectively suspended habeas corpus and reed

    up the executive branch to designate any

    American citizen an enemy combatant or-

    eiting all privileges accorded under the Bill

    o Rights. The John Warner National Deense

    Authorization Act, also passed in 2006, in-

    cluded a last-minute rider titled Use o the

    Armed Forces in Major Public Emergencies,

    which allowed the deployment o U.S. mili-

    tary units not just to put down domestic

    insurrectionsas permitted under posse co-

    mitatus and the Insurrection Act o 1807but

    also to deal with a wide range o calamities,

    including natural disaster, epidemic, or other

    serious public health emergency, terrorist at-

    tack, or incident.

    More troubling, in 2002, Congress au-thorized unding or the U.S. Northern

    Command, or NORTHCOM, which, ac-

    cording to Washington Postmilitary intelligence

    expert William Arkin, allows or emergency

    military operations in the United States with-

    out civilian supervision or control.

    We are at the edge o a cli and were

    about to all o, says constitutional lawyer

    and ormer Reagan administration ocial

    Bruce Fein. To a national emergency plan-

    ner, everybody looks like a danger to stability.

    Theres no doubt that Congress would have the

    authority to denounce all thisor example,

    to reuse to appropriate money or the prepa-

    ration o a list o U.S. citizens to be detained

    in the event o martial law. But Congress is

    the inver tebrate branch. They say, We have to

    be cautious. The same old crap you associate

    with cowards. None o this will change under

    a Democratic administration, unless you have

    exceptional statesmanship and the courage to

    stand up and say, You know, democracies ac-

    cept certain risks that tyrannies do not.

    As of this writing, DeFazio, Thompson,and the other 433 members o the House are

    debating the so-called Protect America Act,

    ater a similar bill passed in the Senate. Despite

    its name, the act o ers no protection or U.S.

    citizens; instead, it would immunize rom

    litigation U.S. telecom giants or colluding

    with the government in the surveillance

    o Americans to eed the hungry maw o

    databases l ike Main Core. The Protect America

    Act would legalize programs that appear to beunconstitutional.

    Meanwhile, the mystery o James Comeys

    testimony has disappeared in the morass o

    election year coverage. None o the leading

    presidential candidates have been asked the

    questions that are so prooundly pertinent to

    the uture o the country: As president, will

    you continue aggressive domestic surveillance

    programs in the vein o the Bush administra-

    tion? Will you release the COG blueprints

    that Representatives DeFazio and Thompson

    were not allowed to read? What does it sug-

    gest about the state o 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 o spying technology

    deployed against every act o political expres-

    sion, private or public? (Radarput these ques-

    tions to spokespeople or the McCain, Obama,

    and Clinton campaigns, but at press time had

    yet to receive any responses.)

    These days, its rare to hear a voice like

    that o Senator Frank Church, who in the

    1970s led the explosive investigations into U.S.

    domestic intelligence crimes that prompted

    the very reorms now being eroded. The

    technological capacity that the intelligence

    community has given the government could

    enable it to impose total tyranny, Church

    pointed out in 1975. And there would be no

    way to ght back, because the most careul

    eort to combine together in resistance to the

    government, no matter how privately it was

    done, is within the reach o the government

    to know.

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    RadarMay/June 2008, Volume 2, Number 4, Issue 10, (ISSN 1941-3343)is published eight times a year (Feb, Mar, Apr, May/Jun, Jul/Aug, Sept,Oct/Nov, Dec/Jan) by Integrity Multimedia LLC, 216 East 45th Street,6th foor, New York, NY 10017. One year subscription (8 issues) $15.00,Canada $25.00 U.S., Foreign $30.00 U.S. Periodicals Postage paid at NewYork, NY, and additional mailing oces. POSTMASTER: Send addresschanges to Radar, PO Box 420235, Palm Coast Data, FL 32142-0235.Sweepstakes, Contests, and Games. Radaris not the sponsor, and doesnot endorse any sweepstakes, contests (contest), or games promotedherein, nor is Radarassociated in any way with the sponsor o any suchcontest. Contests [in this Edition o Radarmagazine; accessible onthe radaronline.com website] are governed by specic rules, and byparticipating in a contest you become subject to those rules. We urge youto read the contest rules and terms and contact the sponsor directly i youhave any questions. For all customer service inquires, including back-issuerequests, please write to: Radarmagazine, Attn: Customer Service, P.O.Box 420235, Palm Coast, FL 32142-0235. Or call toll-ree: 1.866.836.7886.Or e-mail: [email protected].

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