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  Date / Time: 1/9/2009 1:48 AM UTC

  Martial Law, the Financial Bailout, and War by Prof. Peter Dale Scott
  

  It is becoming clear that the bailout measures of late 2008 may have consequences at least as grave for an open society as the response to 9/11 in 2001. Many members of Congress felt coerced into voting against their inclinations, and the normal procedures for orderly consideration of a bill were dispensed with.

   

  The excuse for bypassing normal legislative procedures was the existence of an emergency. But one of the most reprehensible features of the legislation, that it allowed Treasury Secretary Henry Paulson to permit bailed-out institutions to use public money for exorbitant salaries and bonuses, was inserted by Paulson after the immediate crisis had passed.

   

  According to Congressman Peter Welch (D-Vermont) the bailout bill originally called for a cap on executive salaries, but Paulson changed the requirement at the last minute. Welch and other members of Congress were enraged by “news that banks getting taxpayer-funded bailouts are still paying exorbitant salaries, bonuses, and other benefits.”1 In addition, as AP reported in October, “Sen. Charles Schumer, D-N.Y. questioned allowing banks that accept bailout bucks to continue paying dividends on their common stock. `There are far better uses of taxpayer dollars than continuing dividend payments to shareholders,’ he said.”2 

   

  Even more reprehensible is the fact that since the bailouts, Paulson and the Treasury Department have refused to provide details of the Troubled Assets Relief Program spending of hundreds of billions of dollars, while the New York Federal Reserve has refused to provide information about its own bail-out (using government-backed loans) that amounts to trillions. This lack of transparency has been challenged by Fox TV in a FOIA suit against the Treasury Department, and a suit by Bloomberg News against the Fed.3

   

  The financial bailout legislation of September 2008 was only passed after members of both Congressional houses were warned that failure to act would threaten civil unrest and the imposition of martial law.

   

  U.S. Sen. James Inhofe, R-Okla., and U.S. Rep. Brad Sherman, D-Calif., both said U.S. Treasury Secretary Henry Paulson brought up a worst-case scenario as he pushed for the Wall Street bailout in September. Paulson, former Goldman Sachs CEO, said that might even require a declaration of martial law, the two noted.4

   

  Here are the original remarks by Senator Inhofe:

   

  Speaking on Tulsa Oklahoma’s 1170 KFAQ, when asked who was behind threats of martial law and civil unrest if the bailout bill failed, Senator James Inhofe named Treasury Secretary Henry Paulson as the source. “Somebody in D.C. was feeding you guys quite a story prior to the bailout, a story that if we didn’t do this we were going to see something on the scale of the depression, there were people talking about martial law being instituted, civil unrest….who was feeding you guys this stuff?,” asked host Pat Campbell. “That’s Henry Paulson,” responded Inhofe, “We had a conference call early on, it was on a Friday I think – a week and half before the vote on Oct. 1. So it would have been the middle … what was it – the 19th of September, we had a conference call. In this conference call – and I guess there’s no reason for me not to repeat what he said, but he said – he painted this picture you just described. He said, ‘This is serious. This is the most serious thing that we faced.’”5

   

  Rep. Brad Sherman (D-CA 27th District) reported the same threat on the Congressional floor (Rep. Sherman later downplayed his remarks slightly on the Alex Jones show):

   

  “The only way they can pass this bill is by creating a panic atmosphere…. Many of us were told that the sky would fall…. A few of us were even told that there would be martial law in America if we voted no. That’s what I call fear-mongering, unjustified, proven wrong.”6

   

  So it is clear that threats of martial law were used to get this reprehensible bailout legislation passed. It also seems clear that Congress was told of a threat of martial law, not itself threatened. It is still entirely appropriate to link such talk to the Army’s rapid moves to redefine its role as one of controlling the American people, not just protecting them. In a constitutional polity based on balance of powers, we see the emergence of a radical new military power that is as yet completely unbalanced.

   

  The Army’s New Role in 2001: Not Protecting American Society, but Controlling It

   

  This new role for the Army is not wholly unprecedented. The U.S. military had been training troops and police in "civil disturbance planning" for the last three decades. The master plan, Department of Defense Civil Disturbance Plan 55-2, or "Operation Garden Plot," was developed in 1968 in response to the major protests and disturbances of the 1960s.

   

  But on January 19, 2001, on the last day of the Clinton administration, the U.S. Army promulgated a new and permanent Continuity of Operations (COOP) Program. It encapsulated its difference from the preceding, externally-oriented Army Survival, Recovery, and Reconstitution System (ASRRS) as follows:

   

  a. In 1985, the Chief of Staff of the Army established the Army Survival, Recovery, and Reconstitution System (ASRRS) to ensure the continuity of essential Army missions and functions.

   

  ASRRS doctrine was focused primarily on a response to the worst case 1980's threat of a massive nuclear laydown on CONUS as a result of a confrontation with the Soviet Union.

   

  b. The end of the Cold War and the breakup of the former Soviet Union significantly reduced the probability of a major nuclear attack on CONUS but the probability of other threats has increased. Army organizations must be prepared for any contingency with a potential for interruption of normal operations.

  
  To emphasize that Army continuity of operations planning is now focused on the full all-hazards threat spectrum, the name "ASRRS" has been replaced by the more generic title “Continuity of Operations (COOP) Program.”7

   

  This document embodied the secret Continuity of Operations (COG) planning conducted secretly by Rumsfeld, Cheney, and others through the 1980s and 1990s.8 This planning was initially for continuity measures in the event of a nuclear attack, but soon called for suspension of the Constitution, not just “after a nuclear war” but for any “national security emergency.” This was defined in Reagan’s Executive Order 12656 of November 18, 1988 as “any occurrence, including natural disaster, military attack, technological emergency, or other emergency, that seriously degrades or seriously threatens the national security of the United States.” The effect was to impose on domestic civil society the extreme measures once planned for a response to a nuclear attack from abroad.9
  
  In like fashion ARR 500-3 Regulation clarified that it was a plan for “the execution of mission-essential functions without unacceptable interruption during a national security or domestic emergency.”

   

  Donald Rumsfeld, who as a private citizen had helped author the COG planning, promptly signed and implemented the revised ARR 500-3. Eight months later, on 9/11, Cheney and Rumsfeld implemented COG, a significant event of which we still know next to nothing. What we do know is that plans began almost immediately – as foreseen by COG planning the 1980s -- to implement warrantless surveillance and detention of large numbers of civilians, and that in January 2002 the Pentagon submitted a proposal for deploying troops on American streets.10

   

  Then in April 2002, Defense officials implemented a plan for domestic U.S. military operations by creating a new U.S. Northern Command (CINC-NORTHCOM) for the continental United States.11 In short, what were being implemented were the most prominent features of the COG planning which Oliver North had worked on in the 1980s.

   

  Deep Events and Changes of Party in the White House

   

  Like so many other significant steps since World War Two towards a military-industrial state, the Army’s Regulation 500-3 surfaced in the last days of a departing administration (in this case the very last day). It is worth noticing that, ever since the 1950s, dubious events--of the unpublic variety I have called deep events--have marked the last months before a change of party in the White House. These deep events have tended to a) constrain incoming presidents, if the incomer is a Democrat, or alternatively b) to pave the way for the incomer, if he is a Republican.

   

  Consider, in the first category, the following (when a Republican was succeeded by a Democrat):

   

  * In December 1960 the CIA secured approval for the Bay of Pigs invasion of Cuba, and escalated events in Laos into a crisis for which the Joint Chiefs proposed sending 60,000 troops. These events profoundly affected President Kennedy’s posture towards Cuba and Indochina.

  * In 1976 CIA Director George H.W. Bush installed an outside Team B intelligence unit to enlarge drastically estimates of the Soviet threat to the United States, eventually frustrating and reversing presidential candidate Jimmy Carter’s campaign pledge to cut the U.S. defense budget.12 

  Equally important were events in the second category (when a Democrat was succeeded by a Republican):
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