Speeches

MARTIAL LAW CONCERNS
House of Representatives - March 11, 2003

Madam Speaker, I come to the House floor tonight to talk about an issue which I think is of grave concern to this country.

I recently read an article published in the Sydney, Australia, Morning Herald entitled ``Foundations Are in Place for Martial Law in the United States.''

The author is a man named Ritt Goldstein, an investigative reporter for the Herald, and he said that recent pronouncements from the Bush administration and national security initiatives put in place in the Reagan era could see internment camps and martial law in the United States.

When President Ronald Reagan was considering invading Nicaragua, he issued a series of executive orders which provided FEMA with broad powers in the event of a crisis, such as the violent and widespread internal dissent or national opposition against a U.S. military invasion abroad. They were never used.

But with the looming possibility of a U.S. invasion of Iraq, recent pronouncements by President Bush's domestic security chief, Tom Ridge, and an official with the Civil Rights Commission should fire concerns that these powers could be employed or a de facto drift into their deployment in the future.

On the 20th of July, the Detroit Free Press ran a story entitled ``Arabs in U.S. Could Be Held, Official Warns.'' The story referred to a member of the Civil Rights Commission who foresaw the possibility of internment camps for Arab Americans. FEMA has practiced for such an occasion.

FEMA, whose main role is disaster response, is also responsible for handling U.S. domestic unrest.

From 1982 to 1984, Colonel Oliver North assisted FEMA in drafting its civil defense preparations. Details of those plans emerged during the 1987 Iran-Contra scandal. They included executive orders providing for suspension of the Constitution, the imposition of martial law, internment camps, and the turning over of government to the President and FEMA.

A Miami Herald article on the 5th of July, 1987, reported that the former FEMA director's, Louis Guiffrida's, deputy, John Brinkerhoff, handled the martial law portion of the planning. The planning was said to be similar to one Mr. Guiffrida had developed earlier to combat a national uprising by black militants. It provided for the detention of at least 21 million American Negroes in assembly centers or relocation camps. Today, Mr. Brinkerhoff is with the highly influential Anser Institute for Homeland Security. Following a request by the Pentagon in January that the U.S. military be allowed the option of deploying troops on American streets, the institute in February published a paper by Mr. Brinkerhoff arguing the legality of this. He alleged that the Posse Comitatus Act of 1878, which has long been accepted as prohibiting such deployments, had simply been misunderstood and misapplied. The preface to the article also provided the revelation that the national plan he had worked on under Mr. Guiffrida was approved by Reagan and actions were taken to implement it.

By April, the U.S. military had created a Northern Command to aid homeland security. Reuters reported that the command is mainly expected to play a supporting role to local authorities. However, Mr. Ridge, the Director of Homeland Security, has just advocated a review of U.S. law regarding the use of military for law enforcement duties.

Disturbingly, and it just really should disturb people, the full facts and contents of Mr. Reagan's national plan remain uncertain. This is in part because President Bush took the unusual step of sealing the Reagan Presidential papers last November. However, many of the key figures of the Reagan era are part of the present administration, including John Poindexter, to whom Oliver North later reported.

At the time of the Reagan initiatives, the then-Attorney General, William French Smith, a Republican, wrote to the National Security Adviser, Robert McFarlane: ``I believe that the role assigned to the Federal Emergency Management Agency in the revised executive order exceeds its proper function as a coordinating agency for emergency preparedness. This department and others have repeatedly raised serious policy and legal objections to an emergency czar role for FEMA.''

Criticism of the Bush administration's response to September 11 echoes Mr. Smith's warning. On June 7 of last year, the former Presidential counsel, John Dean, spoke of America sliding into a, quote, ``constitutional dictatorship,'' close quote, and martial law.

The reason I raise this issue is that I come from a State where in 1941 under executive order by the President, 9661, we rounded up all the Japanese Americans in this country and put them in concentration camps. We have set in place the mechanism to do that again and we must not, we cannot sacrifice the Constitution in this rush to war that we are doing in Iraq.